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Agenda Packet City Council - 09/22/2020
City Council City of Corpus Christi Meeting Agenda - Final-revised 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Council Chambers11:30 AMTuesday, September 22, 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.CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS: a.GOVERNMENT ACTIONS RELATED TO CORONA VIRUS Page 1 City of Corpus Christi Printed on 9/21/2020 September 22, 2020City Council Meeting Agenda - Final-revised G.MINUTES: 1.20-1159 Regular Meeting of September 15, 2020 H.BOARD & COMMITTEE APPOINTMENTS: I.EXPLANATION OF COUNCIL ACTION: J.CONSENT AGENDA: (ITEMS 2 - 21) Consent - Second Reading Ordinances 2.20-1042 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) Sponsors:Development Services 3.20-0961 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. Sponsors:Health Department Consent - Contracts and Procurement 4.20-0983 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. Sponsors:Parks and Recreation Department and Contracts and Procurement 5.20-1107 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. Sponsors:Parks and Recreation Department and Contracts and Procurement Page 2 City of Corpus Christi Printed on 9/21/2020 September 22, 2020City Council Meeting Agenda - Final-revised 6.20-1078 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. Sponsors:Utilities Department and Contracts and Procurement 7.20-0892 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. Sponsors:Public Works/Street Department and Contracts and Procurement 8.20-0893 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. Sponsors:Public Works/Street Department and Contracts and Procurement 9.20-0894 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. Sponsors:Public Works/Street Department and Contracts and Procurement 10.20-1119 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. Sponsors:Gas Department and Contracts and Procurement 11.20-0875 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. Sponsors:Contracts and Procurement 12.20-1049 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 Page 3 City of Corpus Christi Printed on 9/21/2020 September 22, 2020City Council Meeting Agenda - Final-revised or after October 1, 2020, with funding requested in the FY 2021 Proposed Budget through the General Fund. Sponsors:Solid Waste Operations and Contracts and Procurement 13.20-1083 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. Sponsors:Asset Management Department and Contracts and Procurement Consent - Capital Projects 14.20-0279 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 FY 2020 Wastewater Capital Improvement Program budget. Sponsors:Engineering Services, Utilities Department and Contracts and Procurement General Consent Items 15.20-1068 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. Sponsors:Legal Department 16.20-1145 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. Sponsors:Finance & Business Analysis 17.20-1069 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 with FY 2021 funding requested through the Hotel Occupancy Fund. Sponsors:Finance & Business Analysis and Contracts and Procurement 18.20-1082 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. Page 4 City of Corpus Christi Printed on 9/21/2020 September 22, 2020City Council Meeting Agenda - Final-revised Sponsors:Development Services 19.20-1200 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. Sponsors:Development Services 20.20-1104 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 authorizing the addition of $500,000 to the FY 2020-2021 Village at McArdle Project. Sponsors:Grant Monitoring 21.20-1158 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. Sponsors:Planning & Environmental Services K.RECESS FOR LUNCH L.PUBLIC HEARINGS: (ITEM 22) 22.20-1039 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 M.REGULAR AGENDA: (ITEM 23) 23.20-1195 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. Page 5 City of Corpus Christi Printed on 9/21/2020 September 22, 2020City Council Meeting Agenda - Final-revised Sponsors:Water Utilities Department N.FIRST READING ORDINANCES: (ITEMS 24 - 30) 24.20-1080 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 25.20-1081 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 26.20-1087 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 27.20-1066 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 28.20-1086 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 29.20-1137 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 30.20-1140 Ordinance accepting and appropriating $7,268,376.00 from the Page 6 City of Corpus Christi Printed on 9/21/2020 September 22, 2020City Council Meeting Agenda - Final-revised 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 O.BRIEFINGS: P.EXECUTIVE SESSION: (ITEMS 31 - 32) 31.20-1155 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) 32.20-1156 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 Q.IDENTIFY COUNCIL FUTURE AGENDA ITEMS R.ADJOURNMENT Page 7 City of Corpus Christi Printed on 9/21/2020 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com City of Corpus Christi Meeting Minutes City Council 11:30 AM Council ChambersTuesday, September 15, 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 11:32 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 Rudy Garza, Roland Barrera and Everett Roy 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 9/18/2020 September 15, 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. There were no written public comments submitted. 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) Overview on budget adoption. 2) Bond program update. 3) Update on the three area development plans. 4) Safe Fun-Fit and 5K run. GOVERNMENT ACTIONS RELATED TO CORONA VIRUSa. Director of Public Health District Annette Rodriguez presented an update on COVID-19: current statistics; COVID-19 cases by months; COVID-19 deaths by months; school year 2020-2021 COVID cases are immediately reported to Health District; flu season 2020-2021; COVID-19 and flu season; COVID-19 vaccine; and good news items. MINUTES:G. 1.Regular Meeting of September 8, 2020 A motion was made by Council Member Guajardo, seconded by Council Member Molina that the Minutes be approved. The motion carried by a Page 2City of Corpus Christi Printed on 9/18/2020 September 15, 2020City Council Meeting Minutes unanimous vote. BOARD & COMMITTEE APPOINTMENTS:H. 2.Corpus Christi B Corporation (4 vacancies) Corpus Christi Business and Job Development Corporation (4 vacancies) Corpus Christi Downtown Management District (6 vacancies) Ethics Commission (3 Vacancies) Mayor McComb referred to Item 2. Corpus Christi B Corporation Corpus Christi Business and Job Development Corporation Council Member Hunter made a motion to reappoint Diana Summers, Robert Tamez and Lee Trujillo, seconded by Council Member Smith and passed unanimously. Council Member Smith made a motion to reappoint Leah Olivarri, seconded by Council Member Barrera and passed unanimously (Council Member Guajardo-abstained). Corpus Christi Downtown Management District Council Member Molina made a motion to reappoint Cherylyn Boyd (Property Owner), Raymond Gignac (Property Owner), Krystof Kucewicz (AET), Lesley Lomax (AET), Janet Maxwell (Stock Owner) and Cheryl Votzmeyer (Property Owner), seconded by Council Member Smith and passed unanimously. Ethics Commission Council Member Molina made a motion to reappoint Claude Axel and Drue Jones, seconded by Council Member Smith and passed unanimously. Council Member Hernandez nominated Ed Bennett. Council Member Hernandez made a motion to appoint Ed Bennett, seconded by Council Member Smith and passed unanimously. EXPLANATION OF COUNCIL ACTION:I. CONSENT AGENDA: (ITEMS 3 - 31)J. Consent - Second Reading Ordinances Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. Council members requested that Items 7, 8, 9, 24, 26, 27 and 31 be pulled for individual consideration. There were no comments from the Council. A motion was made by Council Member Smith, seconded by Council Member Hernandez to approve the Consent Agenda with the exception of Items 7, 8, 9, 24, 26, 27 and 31. The motion carried by the following vote: Page 3City of Corpus Christi Printed on 9/18/2020 September 15, 2020City Council Meeting Minutes Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 3.Zoning Case No. 0720-03, Ruben Bonilla, Jr. (District 1). Ordinance rezoning property at or near 2713 Segrest Street from the “IL” Light Industrial District to the “CN-1” Neighborhood Commercial District. Planning Commission and Staff recommend Approval. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032199 4.Zoning Case No. 0720-04, Petra Dilley (District 4). Ordinance rezoning property at or near 1014 Admiral Drive from the “RS-6” Single-Family 6 District to the “CG-1” General Commercial District. Planning Commission and Staff recommend Denial of the “CG-1” District in lieu thereof Approval of the “RS-6/SP” Single-Family 6 District with a Special Permit. (¾ vote required to overrule Planning Commission recommendation.) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032200 5.Ordinance authorizing the acceptance of grant funds in an amount of $174,637 from the Texas Department of Transportation for the 2021 Comprehensive Selective Traffic Enforcement Project to increase traffic enforcement in the City with a City match of $57,682.22 in fringe benefits and department expenses with funds available from the FY 2021 General Fund; and appropriating $174,637 in the Police Grants Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032201 6.Ordinance authorizing the acceptance of a grant from the Motor Vehicle Crime Prevention Authority in an amount of $395,356.00 to continue the Motor Vehicle Theft Unit activities in the Police Department with a City cash match of $715,235.00 to fund three sworn officers and two civilians, and an in-kind match of office and equipment space $94,660.00 for a total City contribution of $809,895.00 and a total budget of $1,205,251.00; and appropriating $395,356.00 in the Police Grants Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032202 Consent - Budget Related Items Page 4City of Corpus Christi Printed on 9/18/2020 September 15, 2020City Council Meeting Minutes 7.Ordinance Adopting the City of Corpus Christi Operating Budget and the Capital Improvement Program Budget for the Fiscal Year 2020-2021, Beginning October 1, 2020; Authorizing personnel complements; appropriating funds as provided in the budget. Mayor McComb referred to Item 7. Director of Management & Budget Eddie Houlihan presented a brief update on the FY 2021 proposed annual operating and capital budget: addresses City Council and community priorities; FY 2021 total City budget $1.0 Billion; FY 2021 proposed budget general fund (with transfers); FY 2021 general fund budget: $265.3 Million; FY 2021 budgeted positions; fees and rates; emergency medical service rate schedule; community amendments; Council requests; staff amendments; FY 2021 capital budget $259.9 Million; and next steps. Council Members, City Manager Peter Zanoni and Director Houlihan discussed the following topics: the shortfall is less than $4.6 Million; a Council Member commended the City Manager and staff for their work on the budget; this budget represents $6 Million less that citizens are paying in sales tax; and a Council Member's concern regarding inaccuracies with the capital budget. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Guajardo. This Ordinance was passed on second reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Molina, Council Member Roy and Council Member Smith 7 - Nay:Council Member Hernandez and Council Member Hunter2 - Abstained:0 Enactment No: 032203 8.Ordinance setting a property tax rate of $0.646264 per $100 valuation which is effectively a 2.16% increase over the no new revenue tax rate. Mayor McComb referred to Item 8. Director of Finance Heather Hurlbert presented information on the following topics: FY 2021 tax rate; proposed tax rate same as FY 2020; and property tax dollar. Council Members, Director Hurlbert and City Attorney Miles Risley discussed the following topics: per the state law, there is a tax rate increase if we are producing more revenue off the same property as last year; the actual tax increase is $150,000 for the entire City; and the motion language approving the tax rate and calculation are state mandated. Council Member Smith made the following motion: "I move that the property tax rate be increased by the adoption of a tax rate of $0.646264 per $100 valuation, which is effectively a 2.16 percent increase in the tax rate," seconded by Council Member Molina. This Ordinance was passed on second reading and approved with the following vote: Page 5City of Corpus Christi Printed on 9/18/2020 September 15, 2020City Council Meeting Minutes Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith 8 - Nay:Council Member Hunter1 - Abstained:0 Enactment No: 032204 9.Ordinance ratifying the property tax increase reflected in the FY 2020-2021 Operating Budget that will require raising more revenue from property taxes than in the FY 2019-2020 Operating Budget in amount of $755,027. Mayor McComb referred to Item 9. Director of Management & Budget Eddie Houlihan presented information on the following topics: FY 2021 ratify increase in property tax revenues; and the local government code provides that adoption of a budget that raises more revenues from property taxes in a previous year requires a separate vote of the Council. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Smith. This Ordinance was passed on second reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith 8 - Absent:Council Member Hunter1 - Abstained:0 Enactment No: 032205 10.Resolution approving the Parks and Recreation Department Rental and Recreational Use Fees and Charges for Fiscal Year 2020-21. This Resolution was passed on the consent agenda. Enactment No: 032206 Consent - Contracts and Procurement 11.Motion authorizing the purchase of a replacement 15” brush chipper from Vermeer Texas-Louisiana, Corpus Christi, TX, to be utilized to chip/mulch brush collected during maintenance of City parks by the Parks and Recreation Department and serve as replacement equipment for a total amount of $67,440.00, with FY 2020 funding available through the General Fund. This Motion was passed on the consent agenda. Page 6City of Corpus Christi Printed on 9/18/2020 September 15, 2020City Council Meeting Minutes Enactment No: M2020-169 12.Motion authorizing a one-year service agreement with All-Tex Capital Equipment Leasing Corporation, dba Northstar Equipment Solutions, in an amount not to exceed $82,142.00 for the purchase and Installation of six replacement vehicle lifts for the Asset Management Department, with funding requested in the FY 2021 Proposed Budget. This Motion was passed on the consent agenda. Enactment No: M2020-170 13.Motion authorizing a five-year service agreement with ZeitEnergy, LLC in an amount not to exceed $90,125.00 for Compressed Natural Gas (CNG) Pumping Station Preventative Maintenance & Service for Gas Department, with FY 2020 funding in the amount of $1,502.08 available through the Gas Fund. This Motion was passed on the consent agenda. Enactment No: M2020-171 14.Motion authorizing the purchase of one replacement 2020 444L John Deere wheel loader from Doggett Heavy Machinery Services, LLC of Corpus Christi, Texas in an amount of $167,605.00, to be used by the Utilities Department, with funding available through the FY 2020 Water Fund. This Motion was passed on the consent agenda. Enactment No: M2020-172 15.Motion authorizing a lease-purchase of 10 replacement side loading refuse trucks from Grande Ford Truck Sales, Inc. for a total amount of $3,536,856.59 to be utilized by the Solid Waste Services in the Refuse Collections Division, to be purchased on or after October 1, 2020, with funding requested in the FY 2021 Proposed Budget. This Motion was passed on the consent agenda. Enactment No: M2020-173 16.Motion authorizing the lease-purchase of two replacement brush container trucks from Houston Freightliner, Inc., for a total amount of $314,700.42 to be utilized by Solid Waste Services for brush and bulky items collections, to be lease-purchased 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: M2020-174 Page 7City of Corpus Christi Printed on 9/18/2020 September 15, 2020City Council Meeting Minutes 17.Motion authorizing replacement lease-purchases of one tractor truck and one roll-off truck from Lone Star Truck Company for a total amount of $357,664.11 to be utilized by Solid Waste Services to haul refuse and sludge containers from the J.C. Elliot Transfer Station and Wastewater Plants to the Cefe Valenzuela landfill to be purchased 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: M2020-175 18.Motion authorizing the purchase of a replacement rear steer truck from Houston Freightliner, Inc., for a total amount of $199,750.00 to be utilized to meet Brush and Bulky collection requirements by Solid Waste Services with FY2020 funding available through the Fleet Maintenance Services Fund. This Motion was passed on the consent agenda. Enactment No: M2020-176 19.Motion authorizing the purchase of two replacement 2021 Hamm HD 14VT combo rollers, from Nueces Farm Center, Inc., dba Nueces Power Equipment, for a total amount of $146,549.94, which will be used to compact asphalt laid on the new pavement surfaces throughout the City for the Public Works Department, with FY 2020 funding available through the Streets Fund. This Motion was passed on the consent agenda. Enactment No: M2020-177 20.Motion authorizing the purchase of two replacement Ford F550 aerial lift trucks, from Grande Truck Center in an amount of $248,704.00 that will be utilized in the maintenance of the City’s traffic control signals throughout the City for the Public Works Department, with FY 2020 funding available through the Streets Fund. This Motion was passed on the consent agenda. Enactment No: M2020-178 21.Motion authorizing a lease-purchase of one Cat AP300F asphalt paver from HOLT Texas, Ltd., dba HOLT CAT, in an amount of $196,228.87 to be utilized by Public Works as an addition to the fleet in support of the City’s street maintenance and repairs, to be purchased on or after October 1, 2020, with funding requested in the FY 2021 Proposed Budget through the Streets Fund. This Motion was passed on the consent agenda. Page 8City of Corpus Christi Printed on 9/18/2020 September 15, 2020City Council Meeting Minutes Enactment No: M2020-179 22.Motion authorizing a lease-purchase of one Gomaco GT3200 curb machine from Closner Equipment Company, Inc., for a total amount of $248,990.25 to be utilized by the Public Works Department in support of the City’s street maintenance and repairs as an addition to the fleet, to be purchased on or after October 1, 2020, with funding requested in the FY 2021 Proposed Budget. This Motion was passed on the consent agenda. Enactment No: M2020-180 Consent - Capital Projects 23.Motion authorizing a professional services agreement with Hanson Professional Services, Inc., to provide design, bid and construction administration phase services for roadway and utility improvements on North Lexington Boulevard from Leopard Street to Hopkins Road in an amount of $401,838.00, located in City Council District 1, with funds available from the Bond 2018 Street Fund and FY 2020 Storm Water, Wastewater, Water and Gas Funds. This Motion was passed on the consent agenda. Enactment No: M2020-181 24.Motion authorizing the execution of Change Order No. 1 for ground improvements on the Park Road 22 Bridge project with Haas-Anderson Construction, Corpus Christi, Texas in an amount of $575,700.00 for a total not to exceed amount of $14,519,236.00, located in Council District 4, with funding available from the Street Bonds 2004 and 2008. Mayor McComb referred to Item 24. A Council Member and Director of Engineering Services Jeff Edmonds discussed the following topics: the City went back to an older bond program and found that there was a developer agreement that had been encumbered; the reason the funding was from fund balance and not the TIRZ was because it was money that was readily available from the street bonds; and using TIRZ funds would require more procedures. Council Member Smith made a motion to approve the motion, seconded by Council Member Hunter. This Motion was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 8 - Nay:Council Member Hernandez1 - Abstained:0 Page 9City of Corpus Christi Printed on 9/18/2020 September 15, 2020City Council Meeting Minutes Enactment No: M2020-182 25.Motion awarding a construction contract to Bridges Specialties, Inc., of Robstown, Texas for the construction of the Park Road 22 Force Main and Lift Station in an amount of $3,405,572, located in City Council District 4, with funding available from the FY 2020 Wastewater Capital Reserve. This Motion was passed on the consent agenda. Enactment No: M2020-183 26.Motion recommending City Council approval of Amendment No. 1 to Lockwood, Andrews & Newman, Inc., Corpus Christi, Texas to provide engineering design, bid and construction phase services for the Whitecap Wastewater Treatment Plant Improvements in an amount of $906,888 for a total contract value not to exceed $956,188, located in City Council District 4, with funds available from the FY 2020 Wastewater Capital Improvement Program Budget. Mayor McComb referred to Item 26. Council Members, Director of Water Utilities Kevin Norton, Director of Contracts and Procurement Kim Baker, and Director of Engineering Services Jeff Edmonds discussed the following topics: this project is being funded with the revenue bonds; a Council Member's concern regarding the mistakes in the Capital Improvement Plan (CIP); a request to have more attention to detail in the agenda memo; and a Council Member's request to publish the bid evaluation matrices in the funding portion of the agenda packets. Council Member Smith made a motion to approve the motion, seconded by Council Member Roy. This Motion was passed and approved with the following vote: 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: M2020-184 27.Motion awarding construction contracts to Mako Contracting, LLC, Corpus Christi, Texas for the reconstruction of Laguna Shores Road from SPID to Graham in the amount of $3,548,277.14 and two construction contracts to Haas-Anderson Construction, Ltd., Corpus Christi, Texas for the reconstruction of Laguna Shores Road from Hustlin’ Hornet to Caribbean in the amount of $6,263,934.90 and Laguna Shores Road (Mediterranean to Wyndale) in the amount of $6,734,988.95, located in Council District 4, with funding available from the Street Bond 2018, FY 2020 Storm Water, Wastewater and Water Funds and FY 2021 Wastewater Funds. Page 10City of Corpus Christi Printed on 9/18/2020 September 15, 2020City Council Meeting Minutes Mayor McComb referred to Item 27. A Council Member and Director of Engineering Services Jeff Edmonds discussed the following topics: this is a good news item; and construction on this project will begin by November. Council Member Smith made a motion to approve the motion, seconded by Council Member Guajardo. 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: M2020-185 General Consent Items 28.Motion authorizing an amendment to the Service Agreement with Blue Cross and Blue Shield of Texas, a Division of Health Care Service Corporation, to add stop loss coverage for the City’s self-funded employee health benefits, beginning October 1, 2020 to September 30, 2021, with the option to renew for two additional one-year terms; in the estimated amount $2,370,060.00 for the first year and a potential expenditure of an estimated $8,320,231.00 if both option years are exercised, with funding requested in the FY 2021 Proposed Budget in an estimated amount of $2,370,060.00 through the Fire, Police and Citicare Employee Health Funds. This Motion was passed on the consent agenda. Enactment No: M2020-186 29.Motion authorizing a three-year service agreement, with two one-year options, for Health Savings Account (HSA), Flexible Spending Account (FSA), Dependent Care Account (DCA) and Consolidated Omnibus Budget Reconciliation Act (COBRA) administrative services for the City’s employees, beginning October 1, 2020 to September 30, 2023, with OptumHealth Financial Services, Inc., in an estimated amount of $78,600.00 for an estimated cost of $26,200.00 for the first year and a potential expenditure in an estimated amount of $131,000.00 if option years are exercised, with funding requested in the FY 2021 Proposed Budget in an estimated amount of $26,200.00 through the Fire, Police and Citicare Employee Health Funds and other Employee Benefits Fund. This Motion was passed on the consent agenda. Enactment No: M2020-187 Page 11City of Corpus Christi Printed on 9/18/2020 September 15, 2020City Council Meeting Minutes 30.Motion authorizing two 24-month renewal agreements beginning October 1, 2020 for governmental relation services with Focused Advocacy for state governmental relations services for $108,000 per year plus $4,200 in expenses and with Meyers & Associates for federal governmental relations services for $78,000 per year plus reasonable expenses. This Motion was passed on the consent agenda. Enactment No: M2020-188 31.Resolution authorizing the City's intent to provide a total of up to $167,500 from the City’s Coronavirus Relief Fund allocation through the CARES Act to Calallen Independent School District, Tuloso-Midway Independent School District, and West Oso ISD ($129,000, $18,000 and $20,500, respectively) as matching funds for the purchase of computer equipment necessary to facilitate compliance with COVID-19 related public health measures and tele-learning. Mayor McComb referred to Item 31. A Council Member stated that this a good news item, and commended the City Manager for his prompt attention to this item. Council Member Guajardo made a motion to approve the resolution, seconded by Council Member Hernandez. 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: 032207 RECESS FOR LUNCHK. PUBLIC HEARINGS: (ITEM 32)L. 32.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) Mayor McComb referred to Item 32. Director of Development Services Al Raymond presented information on the following topics: location map; project map; and staff's recommendation. Page 12City of Corpus Christi Printed on 9/18/2020 September 15, 2020City Council Meeting Minutes Mayor McComb opened the public hearing. There were no written comments from the public. Mayor McComb closed the public hearing. Council Members, Assistant Director of Public Works Gabriel Hinojosa and Director Raymond discussed the following topics: there is no size limit to the lines that could be put on the Master Plan; the developer can propose an alternative plan that doesn't comply with an existing Master Plan; the City is transferring funds from the Trunk Main Trust Fund to the Collection Line Trust Fund because the Collection Line does not have enough funding in it to support this reimbursement; a Council Member's request that staff provide fund balances in conjunction with a transfer request; the developer is imposing the extra cost on his own; and a Council Member's request to reach out to the developer to give him the option to look at the 8 inch line versus the 10 inch line in order to save money. Mayor McComb made a motion to approve 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, Council Member Roy and Council Member Smith 9 - Abstained:0 REGULAR AGENDA: (NONE)M. FIRST READING ORDINANCES: (ITEM 33)N. 33.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. Mayor McComb referred to Item 33. There were no comments from the Council. Council Member Guajardo 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 Page 13City of Corpus Christi Printed on 9/18/2020 September 15, 2020City Council Meeting Minutes BRIEFINGS: (NONE)O. EXECUTIVE SESSION: (ITEM 34)P. Mayor McComb referred to Executive Session Item 34. The Council went into Executive Session at 1:00 p.m. The Council returned from Executive Session at 1:16 p.m. 34.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 in the case of Juan Manuel Garcia vs. Doggett Heavy Machinery Services, LLC; Doggett Machinery Services, LLC; Doggett Equipment Services, Ltd.; and Doggett Company, LLC vs. City of Corpus Christi, and other lawsuits and potential lawsuits, including potential consideration of documents related to settlement of the aforementioned case. Mayor McComb referred to Item 34 and the following motion was considered: Motion to authorize City Manager or his designees to execute all documents necessary to settle the lawsuit of Juan Manuel Garcia v. Doggett Heavy Machinery Services, LLC; Doggett Machinery Services, LLC; Doggett Equipment Services, LTD.; and Doggett Company, LLC v. City of Corpus Christi, including the assignment of workers compensation lien(s) to one or more of the aforesaid entities in exchange for release from liability in this case. Council Member Smith 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 IDENTIFY COUNCIL FUTURE AGENDA ITEMSQ. Mayor McComb referred to Future Agenda Items. No Items were discussed or identified. ADJOURNMENTR. The meeting was adjourned at 1:17 p.m. Page 14City of Corpus Christi Printed on 9/18/2020 DATE: August 07, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director, Development Services AlRaymond@cctexas.com (361) 826 - 3575 CAPTION: 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) SUMMARY: Mostagashi Enterprises, LLC is required to install a wastewater collection line to provide sanitary sewer service for a planned residential subdivision named Empire Subdivision. A wastewater masterplan amendment establishing the wastewater service area surrounding the planned subdivision was approved by City Council on May 12, 2006. BACKGROUND AND FINDINGS: Mostagashi Enterprises, LLC has proposed to develop a planned residential subdivision that will be constructed within City limits and is located along Ametrine Road, south of CR 7B. The planned subdivision contains 68 single family home sites, is zoned RS-6 and is within the Corpus Christi Independent School District. The Developer plans to install 1,361 linear feet of 10-inch wastewater collection line that is part of the Wastewater Master Plan for Oso Sub Basin SPA 30 and is required to provide wastewater service to the proposed subdivision property. When the collection line is completed wastewater service will be available to this subdivision and the surrounding undeveloped properties adjacent to the planned subdivision. Additionally, the extension of this wastewater collection line is consistent with the adopted wastewater master plan in this area. Agreement and appropriating funds for Mostagashi Enterprises, LLC for a Wastewater Collection Line Reimbursement Agreement AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for September 15, 2020 Second Reading Ordinance for September 22, 2020 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 directed 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: An alternative to the applicant’s request could be to identify the master planned line extensions as vital infrastructure to be installed as part of a capital improvement project or other means of funding, like the establishment of a public improvement taxing district (PID) or impact fees to fund the installation of master planned utilities infrastructure in this area. This alternative may delay this project in the short term but could establish a viable long-term funding option for the installation of new wastewater utilities infrastructure within the City Limits. FISCAL IMPACT: The total requested reimbursement amount for the reimbursement agreement is $133,620 from the Sanitary Sewer Collection Line Trust Fund. The expenditures for this project are a one-time cost and are not associated with any other projects. The Utility Trust Funds receive monthly deposits generated from Lot and Acreage Fees, Pro-rata Fees and Surcharge Fees that are charged during the platting process. Over time the fees collected and deposited will replenish the Trust Funds and enable other developer-initiated water and wastewater infrastructure projects to be reimbursed. Section 8.5.2 of the UDC authorizes the redistribution of monies between the four trust funds, after a public hearing, in order to reimburse the developer for projects that exceed the current balance in any single trust fund. FUNDING DETAIL: Fund: 4220 Sanitary Sewer Trust Fund Organization/Activity: 21801 Sanitary Sewer Collection Line Trust Mission Element: 777 Project# (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sanitary Sewer Trust Fund Organization/Activity: 21800 Sanitary Sewer Trunk Main Trust Mission Element: 777 Project# (CIP Only): N/A Account: 540450 Reimbursement to Developers RECOMMENDATION: The request is in accordance with 8.5.2. Wastewater Trust Fund and the Wastewater Masterplan. The installation of the public utilities will extend wastewater service to the subdivision property and will make wastewater service available to the surrounding properties. The proposed public utilities will help foster the development of this area of the City. Staff recommends approval of the applicant’s request. LIST OF SUPPORTING DOCUMENTS: Ordinance (with agreement) Presentation Certification of Funds Location Map 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. WHEREAS, under the UDC, the Developer is eligible for reimbursement of the Developer's costs for the construction of the sanitary sewer collection line; WHEREAS, the Developer has submitted an application for reimbursement of the costs for installing the collection line; and WHEREAS, it is to the best interest of the City that the wastewater collection line be constructed to its ultimate capacity under the City’s applicable Master Plan; WHEREAS, after a public hearing pursuant to UDC §8.5.2.I, City Council finds the transfer of $110,000 from the No. 4220-21800 from the Sanitary Sewer Trunk Main Trust Fund to the No.4220-21801 Sanitary Sewer Collection Line Trust Fund is necessary to better carry out the purposes of this Unified Development Code. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute a Wastewater Collection Line Construction and Reimbursement Agreement attached hereto, with Mostaghasi Enterprises, LLC for the construction and installation of a master planned 10-inch collection line associated with the development of the platted property known as Empire Subdivision, Corpus Christi, Texas. SECTION 2. Funding in the amount of $110,000 is transferred from the No. 4220-21800 Sanitary Sewer Trunk Main Trust Fund to the No.4220-21801 Sanitary Sewer Collection Line Trust Fund. SECTION 3. Funding in the amount of $133,620 is appropriated from the is appropriated from the No. 4220-21801 Sanitary Sewer Collection Line Trust Fund, to reimburse the Developer for the construction of a 10-inch wastewater collection line, and construction improvements in accordance with the Agreement. 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor EM P I R E S U B D I V I S I O N OF F - S I T E W A S T E W A T E R I M P R O V E M E N T S JOB NO. CI V I L S T R U C T U R A L M A R I N E TO P O G R A P H I C S U R V E Y I N G TB P E F I R M N o . F - 1 2 2 4 0 C001 DR A W N B Y : CH K B Y : AP P B Y : SC A L E : DA T E : R E V I S I O N S DA T E AP P R BY DE S C R I P T I O N NO . MU N O Z E N G I N E E R I N G , L L C © 2 0 2 0 ( M : \ P r o j e c t s \ L - M o s t a g h a s i I n v e s t m e n t \ E m p i r e \ 0 4 - C I V I L \ 0 1 - D W G \ 0 3 - W W P L A N \ C 0 0 1 0 - C O V E R . d w g ) PH O N E : 3 6 1 - 9 4 6 - 4 8 4 8 16 0 8 S . B R O W N L E E B O U L E V A R D CO R P U S C H R I S T I , T E X A S 7 8 4 0 4 AS N O T E D AP R I L 2 0 2 0 RR TT RM I I I 190026-B 04/07/2020 CO V E R CONSTRUCTION DRAWINGS FOR EMPIRE SUBDIVISION CITY MASTER PLAN WASTEWATER IMPROVEMENTS PUBLIC IMPROVEMENTS (REIMBURSEMENT) CORPUS CHRISTI, NUECES COUNTY, TEXAS 1 VICINITY MAP SCALE: NTS N PROJECT INFORMATION LOCATION THIS PROJECT IS LOCATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS. PROJECT OWNER MOSTAGHASI ENTERPRISES, INC. PROJECT ENGINEER MUNOZ ENGINEERING PROJECT DESCRIPTION THIS PROJECT CONSISTS OF THE FOLLOWING, BUT NOT LIMITED TO, INSTALLATION OF SANITARY SEWER UTILITY, PAVING, AND ALL INCIDENTALS. ALL WORK SHALL BE IN ACCORDANCE WITH THE CITY OF CORPUS CHRISTI SPECIFICATIONS AND DETAILS AND ANY PERMITS THAT ARE REQUIRED. A PERMIT IS REQUIRED FOR ANY EXCAVATION IN THE PUBLIC RIGHT-OF-WAY. EXCAVATION MEANS AN ACTIVITY THAT CUTS, PENETRATES, OR BORES UNDER ANY PORTION OF THE PUBLIC RIGHT-OF-WAY THAT HAS BEEN IMPROVED WITH A PAVED SURFACE FOR STREET, SIDEWALK, SURFACE DRAINAGE, OR RELATED PUBLIC TRANSPORTATION INFRASTRUCTURE PURPOSES. PERMITS WILL NOT BE ISSUED FOR EXCAVATION IN ANY PUBLIC RIGH-OF-WAY THAT HAS BEEN CONSTRUCTED, RECONSTRUCTED, REPAVED, OR RESURFACED IN THE PRECEDING FIVE (5) YEARS FROM THE DATE OF ACCEPTANCE BY THE PUBLIC WORKS CONSTRUCTION ENTITY. PROJECT SITE LEGAL DESCRIPTION PROJECT IS RELATED TO THE EMPIRE SUBDIVISION. PROJECT DATUM THE EXISTING CONDITIONS WERE SURVEYED BY: AM LAND SURVEYING OF CORPUS CHRISTI, TEXAS THE PROJECT DATUM SHALL BE VERIFIED BY THE CONTRACTOR WITH THE SURVEYOR INDICATED ABOVE PRIOR TO COMMENCING ANY CONSTRUCTION. PROJECT NOTIFICATION THE CONTRACTOR SHALL NOTIFY THE CITY INSPECTION DEPARTMENT AND THE ENGINEER AT LEAST THREE (3) WORKING DAYS (MONDAY - FRIDAY: 8:00AM TO 5:00PM) PRIOR TO COMMENCING CONSTRUCTION. GENERAL CONTACT INFORMATION EMERGENCY: 911 POLICE (NON-EMERGENCY) 886-2600 FIRE (NON-EMERGENCY) 826-3900 CITY OF CORPUS CHRISTI CITY CALL CENTER 826-2489 DEVELOPMENT SERVICES 826-3240 ENGINEERING SERVICES 826-3500 ENVIRONMENTAL SERVICES 826-4066 GAS DEPARTMENT 885-6900 OR 24HRS - 854-4369 / 885-6942 TRAFFIC ENGINEERING 826-2489 UTILITIES DEPARTMENT 826-2489 OR AFTER 7PM WEEKDAYS AND HOLIDAYS - 885-6942 PROJECT LOCATION 811 OR 1-800-344-8377 OR www.texas811.org GIVE 4 WORKING DAYS (M-F) NOTICE ABOVE IMAGE IS FROM www.texas811.org, TEXAS EXCAVATION SAFETY SYSTEM, INC., 11880 GREENVILLE AVENUE, SUITE 120, DALLAS, TEXAS 75243-3568 PH: (972) 231-5497 NOTICE ·THE GENERAL CONTRACTOR AND ALL SUBCONTRACTOR(S) WHICH WILL BE PERFORMING ANY WORK INDICATED WITHIN THESE DRAWINGS WILL BE SOLELY RESPONSIBLE FOR CONTACTING TEXAS 811, LONE STAR 811, AND OTHER UTILITY LOCATING COMPANIES AS WELL AS ALL LOCAL UTILITIES (WASTEWATER, STORM, WATER, GAS, TRAFFIC, ETC.) BY ALL MEANS POSSIBLE FOR THE LOCATING AND MARKING OF UNDERGROUND AND ABOVE GROUND UTILITIES PRIOR TO COMMENCING ANY CONSTRUCTION. ·DAMAGES TO UTILITIES WILL BE THE SOLE RESPONSIBILITY AND EXPENSE OF THE GENERAL CONTRACTOR TO PROVIDE A REMEDY TO THE DAMAGE WITH THE UTILITY OWNER. 1-800-669-8344 OR www.lonestar811.com GIVE 4 WORKING DAYS (M-F) NOTICE ABOVE IMAGE IS FROM www.lonestar811.com, LONE STAR 811, 363 N. BELT E., SUITE 1100, HOUSTON, TEXAS 77060 PH: (713) 432-0365 SHEET INDEX Sheet Number Sheet Title C001 COVER C010 GENERAL NOTES (1 OF 3) C020 GENERAL NOTES (2 OF 3) C030 GENERAL NOTES (3 OF 3) C040 GENERAL LEGEND & ABBREVIATIONS CU111 WASTEWATER UTILITY PLAN (2 OF 2) 2 LOCATION MAP SCALE: NTS N SL O U G H R D AM E T H Y S T D R CR 7 b C I R C L E AM E T R I N E D R SO U T H L A K E D R WL B R E E D I N G D R BR O O K E R D PROJECT SITE LOCATION TA N Z A N I T E D R TO P A Z C T GA R N E T C R SA P P H I R E C T PROJECT SITE LOCATION NOTES: 1. CONTRACTOR TO REFER TO THE CONSTRUCTION DRAWINGS FOR PUBLIC IMPROVEMENTS, EMPIRE SUBDIVISION FOR CONSTRUCTION AND LOCATION OF OTHER PROPOSED IMPROVEMENTS. 2. CONTRACTOR TO ABIDE BY REQUIREMENTS OF CONSTRUCTION EASEMENT AGREEMENTS FOR ALL WORK ON DORSAL DEVELOPMENT PROPERTY. THE FOLLOWING IMPROVEMENTS ARE WITHIN WASTEWATER REIMBURSEMENT REQUEST: WASTEWATER MANHOLES A01, A02, A03, A04, A05, A06, A07, A08, A09, A10, A11, A12 AND A13 AND WASTEWATER A01, A02, A03, A04, A05, A06, A07, A08, A09, A10, A11,AND A12. 3. CONSTRUCTION OF ALL ITEMS INDICATED WITHIN THESE CONSTRUCTION DRAWINGS ARE REIMBURSEMENTS THROUGH AN AGREEMENTS WITH THE CITY OF CORPUS CHRISTI. CU220 WASTEWATER PROFILE (1 OF 2) SUBDIVISION SITE C-560 STANDARD WASTEWATER DETAILS (1 OF 4) C-561 STANDARD WASTEWATER DETAILS (2 OF 4) C-562 STANDARD WASTEWATER DETAILS (3 OF 4) C-563 STANDARD WASTEWATER DETAILS (4 OF 4) CU110 WASTEWATER UTILITY PLAN (1 OF 2) CU221 WASTEWATER PROFILE (2 OF 2) C-520 EROSION AND POLLUTION CONTROL DETAILS EM P I R E S U B D I V I S I O N OF F - S I T E W A S T E W A T E R I M P R O V E M E N T S JOB NO. CI V I L S T R U C T U R A L M A R I N E TO P O G R A P H I C S U R V E Y I N G TB P E F I R M N o . F - 1 2 2 4 0 C010 DR A W N B Y : CH K B Y : AP P B Y : SC A L E : DA T E : R E V I S I O N S DA T E AP P R BY DE S C R I P T I O N NO . MU N O Z E N G I N E E R I N G , L L C © 2 0 2 0 ( M: \ P r o j e c t s \ L - M o s t a g h a s i I n v e s t m e n t \ E m p i r e \ 0 4 - C I V I L \ 0 1 - D W G \ 0 3 - W W P L A N \ C 0 1 0 1 - N O T E S , C 0 2 0 1 T E S T I N G , C 0 3 0 1 L E G E N D . d w g ) PH O N E : 3 6 1 - 9 4 6 - 4 8 4 8 16 0 8 S . B R O W N L E E B O U L E V A R D CO R P U S C H R I S T I , T E X A S 7 8 4 0 4 AS N O T E D AP R I L 2 0 2 0 RR TT RM I I I 190026-B 04/07/2020 GE N E R A L N O T E S ( 1 O F 3 ) NOTICE: THIS PAGE DOES NOT CONTAIN ALL PROJECT NOTES OR PROJECT REQUIREMENTS. THIS PAGE MAY CONTAIN NOTES THAT ARE NOT PERTINENT TO THE PROJECT BUT ARE INCLUDED FOR REFERENCE. IT WILL BE THE RESPONSIBILITY OF ALL CONTRACTORS WORKING ON THIS PROJECT TO BE KNOWLEDGEABLE WITH ALL PROJECT CONTRACT DOCUMENTS, WHICH INCLUDES BUT NOT LIMITED TO THE PROJECT GENERAL REQUIREMENTS, SPECIFICATIONS, AND DRAWINGS. ANY AND ALL COSTS RELATED TO THE CONTRACTOR FAILURE OF BEING KNOWLEDGEABLE WITH THE CONTRACT DOCUMENTS WILL BE AT THE SOLE EXPENSE OF THE CONTRACTOR. GENERAL 1.A MINIMUM OF ONE (1) COPY OF THE LATEST VERSION OR EDITION OF THE FOLLOWING, BUT NOT LIMITED TO, MUST BE ON THE PROJECT SITE WHEN CONSTRUCTION IS IN PROGRESS: 1.1.CONTRACT DOCUMENTS AND SPECIFICATIONS, 1.2.ALL CONSTRUCTION DRAWINGS, 1.3.ALL REQUIRED PERMITS, 1.4.ALL REQUIRED LOCAL, STATE, AND FEDERAL DOCUMENTS. 2.ALL WORK ON THIS PROJECT WILL BE REQUIRED TO BE IN ACCORDANCE WITH THE CONTRACT DOCUMENTS AND SPECIFICATIONS, THE DRAWINGS, INDUSTRY STANDARDS, ALL PERMITS, AND ALL LAWS AND REGULATIONS. 2.1.IN THE EVENT THAT A REGULATION, SPECIFICATION, DETAIL, NOTE, OR OTHER REQUIREMENT IS IN CONFLICT WITH ANOTHER REGULATION, SPECIFICATION, DETAIL, NOTE, OR OTHER REQUIREMENT, THE MOST STRINGENT SHALL BE APPLICABLE, UNLESS DIRECTED BY THE OWNER'S REPRESENTATIVE. 3.NOTICE: THE CONTRACTOR SHALL KNOW THE ACTUAL SITE CONDITIONS AND SHALL BE RESPONSIBLE FOR FURNISHING A COMPLETED PROJECT AS REPRESENTED IN THE CONTRACT DOCUMENTS, SPECIFICATIONS, AND IN THE DRAWINGS. 4.IF AT ANY POINT THAT SOMETHING IS NOT CLEAR FOR WHAT IS BEING REPRESENTED WITHIN THIS SET OF DRAWINGS, THE GENERAL CONTRACTOR SHALL CONTACT THE OWNER'S REPRESENTATIVE FOR CLARIFICATION PRIOR TO PROCEEDING WITH CONSTRUCTION. 5.THE CONTRACTOR IS RESPONSIBLE FOR FIELD VERIFICATION OF EXISTING CONDITIONS AND PROPOSED CONDITIONS, SHALL PERFORM FIELD MEASUREMENTS PRIOR TO CONSTRUCTION, FABRICATION, AND/OR PURCHASE OF ANY MATERIAL, AND SHALL CONTACT, PRIOR TO ORDERING MATERIALS, THE OWNER'S REPRESENTATIVE SHOULD CONDITIONS BE DIFFERENT FROM THE CONTRACT DOCUMENTS, SPECIFICATIONS, AND/OR THE DRAWINGS FOR THIS PROJECT. 5.1.THE CONTRACTOR SHALL FIELD VERIFY BENCHMARK AND CONTROL POINT ELEVATION(S) PRIOR TO COMMENCING ANY CONSTRUCTION. 5.2.THE GENERAL CONTRACTOR SHALL NOTIFY THE ENGINEER IMMEDIATELY, IN WRITING, OF ANY DISCREPANCIES OR OMISSIONS TO THE TOPOGRAPHIC INFORMATION WITHIN THE DRAWINGS. 5.3.CONFLICTS ARISING DUE TO LACK OF COORDINATION AND VERIFICATION SHALL BE THE RESPONSIBILITY AND AT THE SOLE EXPENSE OF THE CONTRACTOR. 6.THE CONTRACTOR IS RESPONSIBLE FOR SECURING ALL NECESSARY CONSTRUCTION PERMITS AND CLEARANCES PRIOR TO COMMENCING CONSTRUCTION AND ANY FEES ASSOCIATED WITH THE PERMIT SHALL BE INCLUDED WITHIN THE BID ITEM(S) REQUIRING THE PERMIT. 7.THE CONTRACTOR SHALL CONFINE ALL CONSTRUCTION ACTIVITY TO WITHIN THE LIMITS OF CONSTRUCTION (LOC) AS INDICATED WITHIN THE DRAWINGS INCLUDING, BUT NOT LIMITED TO, JOB SITE FACILITIES, STAGING AREAS, STOCKPILES, EQUIPMENT, ETC., UNLESS PRIOR APPROVAL FROM THE OWNER'S REPRESENTATIVE IS GIVEN. 7.1.ANY CONSTRUCTION ACTIVITIES BEYOND THE CONSTRUCTION LIMITS SHALL BE PRE-APPROVED BY THE OWNER'S REPRESENTATIVE PRIOR TO COMMENCING. 7.2.IF WORK IS DONE BEYOND THE CONSTRUCTION LIMITS WITHOUT APPROVAL, THAT WORK MAY BE SUBJECT TO GETTING REJECTED FOR A CLAIM FOR ADDITIONAL WORK BASED ON NOT OBTAINING PRIOR AUTHORIZATION. 8.ALL QUANTITIES INDICATED WITHIN THE DRAWINGS ARE APPROXIMATE AND FOR REFERENCE USE; NOT ALL MATERIALS REQUIRED TO CONSTRUCT THE PROJECT MAY BE INDICATED AND IT WILL BE THE RESPONSIBILITY OF THE CONTRACTOR TO INCLUDE ALL MATERIALS AND APPURTENANCES TO CONSTRUCT THE PROJECT WITHIN THE AMOUNT BID. 9.A SEQUENCE OF CONSTRUCTION SHALL BE SCHEDULED AND COORDINATED WITH THE OWNER'S REPRESENTATIVE PRIOR TO COMMENCEMENT OF CONSTRUCTION AND CHANGES TO THE SEQUENCE SHALL BE COORDINATED WITH THE OWNER'S REPRESENTATIVE. 9.1.THE CONTRACTOR SHALL NOT BE PERMITTED TO COMMENCE WORK ON THE PROJECT BEFORE SUNRISE AND SHALL ARRANGE THE WORK SO THAT IT IS COMPLETED BY SUNSET, UNLESS OTHERWISE INDICATED OR DIRECTED BY THE OWNER'S REPRESENTATIVE. 10.THE CONTRACTOR SHALL PRESERVE ALL CONSTRUCTION STAKES, MARKS, ETC. UNTIL FURTHER USE OF THE STAKES, MARKS, ETC. ARE NOT NEEDED. 10.1.ANYTIME THAT CONSTRUCTION STAKES, MARKS, ETC. ARE TO BE REPLACED DUE TO BEING DAMAGED, DESTROYED, OR REMOVED AFTER PLACEMENT, THE CONTRACTOR WILL BE RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH REPLACEMENT. LOCATION AND PROTECTION OF EXISTING UTILITIES, STRUCTURES, DITCHES, ROADS, AND OTHER IMPROVEMENTS NOTICE:THE LOCATION OF EXISTING ABOVE GROUND UTILITIES, UNDERGROUND FACILITIES, STRUCTURES, DITCHES, ROADS, AND OTHER IMPROVEMENTS WITHIN THE DRAWINGS ARE APPROXIMATE IN BOTH HORIZONTAL AND VERTICAL LOCATION(S) AND NOT ALL EXISTING ABOVE GROUND UTILITIES, UNDERGROUND FACILITIES, STRUCTURES, DITCHES, ROADS, AND OTHER IMPROVEMENTS WITHIN AND ADJACENT TO THE SITE MAY BE INDICATED ON THE DRAWINGS. THE OWNER AND THE ENGINEER SHALL NOT BE RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS OF ANY SUCH INFORMATION OR DATA AND THE CONTRACTOR SHALL HAVE FULL RESPONSIBILITY FOR REVIEWING AND CHECKING ALL SUCH INFORMATION FOR THE SAFETY AND PROTECTION THEREOF AND REPAIRING ANY DAMAGE THERETO RESULTING FROM THE WORK; THE COST OF ALL OF WHICH WILL BE CONSIDERED AS HAVING BEEN INCLUDED IN THE CONTRACT PRICE. 1.IT IS THE SOLE RESPONSIBILITY OF THE CONTRACTOR TO CONTACT ALL APPROPRIATE PUBLIC AND PRIVATE UTILITY COMPANIES, BY ALL MEANS POSSIBLE, PRIOR TO COMMENCING CONSTRUCTION TO DETERMINE UTILITY LOCATION(S) WITHIN AND ADJACENT TO THE PROJECT SITE. 2.THE CONTRACTOR(S) SHALL VIDEO TAPE AND PHOTOGRAPH ALL PROPERTIES AND EXISTING IMPROVEMENTS THAT WILL BE AFFECTED BY CONSTRUCTION, WITH COPIES OF THE INFORMATION BEING SUPPLIED TO THE OWNER'S REPRESENTATIVE PRIOR TO COMMENCING CONSTRUCTION . 3.THE CONTRACTOR(S) IS RESPONSIBLE FOR CONFIRMING THE LOCATION(S) HORIZONTALLY AND VERTICALLY OF ALL BURIED CABLES, CONDUITS, PIPES, AND UNDERGROUND FACILITIES (INCLUDING BUT NOT LIMITED TO STORM SEWER, SANITARY SEWER, WATER, GAS, TELEVISION, TELEPHONE, FIBER OPTIC, ETC.) WHICH ARE WITHIN AND ADJACENT TO THE SITE. 3.1.THE GENERAL CONTRACTOR SHALL NOTIFY THE OWNER AND ENGINEER IF ANY DISCREPANCIES ARE FOUND BETWEEN THE ACTUAL CONDITIONS VERSUS THE DATA CONTAINED IN THE CONSTRUCTION DRAWINGS PRIOR TO CONSTRUCTION. 3.2.ANY COSTS INCURRED AS THE RESULT OF NOT CONFIRMING THE ACTUAL LOCATION(S) HORIZONTALLY AND VERTICALLY OF THE ABOVE SAID CABLES, CONDUITS, PIPES, AND UNDERGROUND FACILITIES SHALL BE SOLELY BORNE BY THE CONTRACTOR. 3.3.ADDITIONALLY, THE CONTRACTOR(S) SHALL NOTIFY THE OWNER AND ENGINEER IF ANY ERRORS OR DISCREPANCIES ARE FOUND ON THE CONSTRUCTION DOCUMENTS WHICH NEGATIVELY IMPACT THE PROJECT. 3.4.NOTICE: THE OWNER AND ENGINEER SHALL BE INDEMNIFIED OF PROBLEMS AND/OR COSTS WHICH MAY RESULT FROM THE CONTRACTOR'S FAILURE TO VERIFY THE ACTUAL CONDITIONS AND FAILURE TO NOTIFY THE ENGINEER AND OWNER. 4.NOTICE: THE CONTRACTOR SHALL FIELD VERIFY THE LOCATION(S) AND ELEVATION(S) OF ALL EXISTING UTILITIES PRIOR TO CONSTRUCTION AND IS RESPONSIBLE FOR COSTS INCURRED BY PROCEEDING WITH ELEVATION(S) OF EXISTING UTILITIES THAT DIFFER FROM THOSE PRESENTED ON THE DRAWINGS. 4.1.DISCREPANCIES SHALL BE PRESENTED TO THE ENGINEER FOR REVIEW PRIOR TO PROCEEDING WITH WORK. 5.IN THE EVENT THAT A UTILITY LINE NEEDS TO BE ADJUSTED, THE CONTRACTOR SHALL COORDINATE CONSTRUCTION SO THAT THE ADJUSTMENT CAN BE MADE. 6.THE CONTRACTOR IS SOLELY RESPONSIBLE FOR LOCATING, MARKING (IN ACCORDANCE WITH TEXAS ADMINISTRATIVE CODE (TAC) TITLE 16, PART 1, CHAPTER 18, RULE §18.6 AND AMERICAN PUBLIC WORKS ADMINISTRATION (APWA) UNIFORM COLOR CODE), AND VERIFYING THE ACTUAL LOCATION AND ELEVATION OF ALL ABOVE GROUND AND UNDERGROUND UTILITIES WITHIN AND ADJACENT TO THE PROJECT AREA PRIOR TO COMMENCING CONSTRUCTION BY ALL MEANS POSSIBLE. 6.1.LOCAL WATER, SEWER, STORM SEWER, GAS, AND TRAFFIC DEPARTMENTS SHALL BE NOTIFIED INDIVIDUALLY TO ENSURE LOCATION OF UTILITIES. 7.THE CONTRACTOR IS RESPONSIBLE FOR THE PROTECTION OF ALL EXISTING ABOVE GROUND UTILITIES, UNDERGROUND FACILITIES, STRUCTURES, DITCHES, ROADS, AND ALL PROPOSED IMPROVEMENTS WITHIN AND ADJACENT TO THE PROJECT AREA. 7.1.IF ANY DAMAGE OCCURS TO ANY OF THE ABOVE MENTIONED ITEMS DURING CONSTRUCTION, THE CONTRACTOR WILL BE SOLELY RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH THE REPAIR, REPLACEMENT, OR REMEDY OF THE DAMAGED ITEM TO EQUAL OR BETTER THAN ITS ORIGINAL CONDITION AS REQUIRED BY THE OWNER OF THE DAMAGED ITEM IN A PROMPT MANNER WITH NO ADDITIONAL TIME ADDED TO THE CONTRACT. 8.IF ABANDONED UNDERGROUND FACILITIES ARE ENCOUNTERED, THE CONTRACTOR MUST EXPLORE AND RESEARCH THE SITUATION AND PROVIDE TO THE OWNER'S REPRESENTATIVE THAT THE FACILITY(IES) ARE ABANDONED. 8.1.THE CONTRACTOR SHALL REMOVE THE ABANDONED UNDERGROUND FACILITY(IES) REQUIRED TO COMPLETE THE WORK OR SHALL FULLY GROUT THE ABANDONED FACILITY(IES) IN PLACE, UNLESS OTHERWISE INDICATED BY THE OWNER'S REPRESENTATIVE; ALL WORK SHALL BE INCIDENTAL AND NO SEPARATE PAYMENT SHALL BE MADE. 9.THE CONTRACTOR SHALL TAKE SPECIAL CONSIDERATION PRIOR TO REMOVING A PORTION OF AN EXISTING DRAINAGE SYSTEM TO FACILITATE ANY WORK TO PREVENT ADVERSE DRAINAGE ISSUES. 9.1.THE CONTRACTOR WILL BE SOLELY RESPONSIBLE TO PROVIDE ALL REQUIRED EQUIPMENT AND PERSONNEL TO PREVENT DAMAGE TO PRIVATE PROPERTY, EXISTING IMPROVEMENTS, AND PROPOSED IMPROVEMENTS, WITH ANY DAMAGE BEING REMEDIED BY THE CONTRACTOR. 10.THE CONTRACTOR IS TO NOTIFY THE PROPERTY OWNER(S) OF ANY WORK THAT WILL AFFECT ANY PUBLIC OR PRIVATE IRRIGATION SYSTEM. 10.1.TEMPORARY REPAIRS TO THE SYSTEM SHALL BE MADE TO MAINTAIN THE UN-AFFECTED PORTION OF THE SYSTEM IN A WORKING CONDITION. 10.2.REPAIRS TO THE SYSTEM SHALL BE COMPLETED AS SOON AS PRACTICABLE BY A LICENSED IRRIGATION SYSTEM INSTALLER. 11.THE CONTRACTOR SHALL REMOVE, REPLACE, AND RESTORE TO ORIGINAL CONDITION, ELEVATION, AND LOCATION ALL EXISTING IMPROVEMENTS THAT ARE TO REMAIN THAT ARE ENCOUNTERED DURING CONSTRUCTION, UNLESS OTHERWISE NOTED OR APPROVED BY THE OWNER'S REPRESENTATIVE. PROTECTION OF VEGETATION AND ENVIRONMENTALLY SENSITIVE AREAS 1.NOTICE: IF THE PROJECT IS REGULATED BY A U.S. ARMY CORPS OF ENGINEERS (COE) PERMIT OR OTHER ENVIRONMENTAL PERMIT, THE CONTRACTOR WILL BE RESPONSIBLE FOR COMPLYING WITH THE PERMIT. 2.THE CONTRACTOR IS RESPONSIBLE FOR THE PROTECTION OF ALL ENVIRONMENTALLY SENSITIVE AREAS NOTED ON THE DRAWINGS OR AS IDENTIFIED BY THE OWNER'S REPRESENTATIVE. 2.1.IF AN ENVIRONMENTALLY SENSITIVE AREA IS DISTURBED OR DAMAGED, IT WILL BE THE SOLE RESPONSIBILITY OF THE CONTRACTOR TO REMEDY THE DISTURBANCE OR DAMAGE TO THE REQUIREMENTS OF A LOCAL EXPERT APPROVED BY THE OWNER'S REPRESENTATIVE AND IN ACCORDANCE WITH LOCAL, STATE, AND FEDERAL REGULATIONS AND REQUIREMENTS AT THE CONTRACTOR'S SOLE EXPENSE. 3.THE CONTRACTOR IS RESPONSIBLE FOR THE PROTECTION OF ALL VEGETATION THAT IS NOTED ON THE DRAWINGS OR AS DIRECTED BY THE OWNER'S REPRESENTATIVE. 3.1.TREES, SHRUBS, AND VEGETATION THAT ARE TO REMAIN SHALL BE TRIMMED IN ACCORDANCE WITH STANDARD HORTICULTURAL PRACTICES AND PROTECTED FROM DAMAGE. 3.2.IF DAMAGE SHOULD OCCUR TO A TREE OR SHRUB THAT IS TO REMAIN, THE CONTRACTOR WILL BE RESPONSIBLE FOR CARING/REPLACING THE ITEM FOR A PERIOD TO BE DETERMINED BY A COMPETENT PERSON AT THE CONTRACTOR'S SOLE EXPENSE. WORK SITE SAFETY AND SECURITY 1.IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO IMPLEMENT A SAFETY PROGRAM THAT IS IN COMPLIANCE WITH LOCAL, STATE, AND FEDERAL SAFETY REGULATIONS FOR ALL WORKERS AND VISITORS FOR THE ENTIRETY OF THE PROJECT. 2.THE CONTRACTOR SHALL POST ON-SITE ALL EMERGENCY PHONE NUMBERS FOR: 2.1.POLICE, FIRE, AND MEDICAL EMERGENCIES 2.2.PUBLIC UTILITY OPERATORS (FOR EACH OPERATOR WITHIN AND ADJACENT TO THE PROJECT SITE) 2.3.PRIVATE UTILITY OPERATORS (FOR EACH OPERATOR WITHIN AND ADJACENT TO THE PROJECT SITE) 2.4.STREET OPERATORS (FOR EACH OPERATOR WITHIN AND ADJACENT TO THE PROJECT SITE) 2.5.TRAFFIC SIGNAL OPERATORS (FOR EACH OPERATOR WITHIN AND ADJACENT TO THE PROJECT SITE) 3.THE CONTRACTOR SHALL BE RESPONSIBLE FOR TRAINING ALL EMPLOYEES AND SUBCONTRACTORS IN THE RECOGNITION AND AVOIDANCE OF UNSAFE CONDITIONS AND IN THE REGULATIONS AND HAZARDS WHICH APPLY TO THE AREA IN WHICH THE WORK WILL TAKE PLACE. 4.THE CONTRACTOR IS RESPONSIBLE FOR PROVIDING ALL EQUIPMENT AND MATERIALS FOR THE PROTECTION OF PERSONS AND PROPERTY AND FOR PROVIDING SAFE WORKING CONDITIONS THROUGHOUT THE WORK PROGRESS. 4.1.ALL SAFETY EXPOSURES OR VIOLATIONS SHALL BE RECTIFIED IMMEDIATELY BY THE CONTRACTOR. 5.THE CONTRACTOR SHALL CONDUCT HIS OPERATIONS IN A MANNER SUCH THAT TRUCKS AND OTHER EQUIPMENT DO NOT CREATE A SAFETY HAZARD ON ANY PUBLIC OR PRIVATE STREETS. 6.TRENCH SAFETY 6.1.THE CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR THE DESIGN AND IMPLEMENTATION OF A TRENCH SAFETY PROGRAM WHICH MEETS OR EXCEEDS THE REQUIREMENTS OF THE OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION (OSHA) AND ANY OTHER LOCAL, STATE, AND FEDERAL REGULATIONS THAT PERTAIN TO TRENCH SAFETY. 6.1.1.ALL EXCAVATIONS AND BACKFILL OPERATIONS SHALL BE IN ACCORDANCE WITH THE LATEST OSHA EXCAVATION SAFETY STANDARDS, STATE REGULATIONS, AND LOCAL REGULATIONS. THE CONTRACTOR SHALL PROVIDE AN EXCAVATION PLAN PREPARED BY AN ENGINEER REGISTERED IN THE STATE OF TEXAS PRIOR TO BEGINNING TRENCHING OPERATIONS. 6.1.2.THE CONTRACTOR SHALL APPOINT A "COMPETENT PERSON" AS DEFINED BY OSHA WHO WILL BE ON-SITE AT ALL TIMES WHILE TRENCHING, PERFORMING EXCAVATIONS, AND WHEN WORKERS ARE IN TRENCHES. 6.1.3.THE EXCAVATION PLAN SHALL INDICATE THE PROCEDURES TO BE USED BY THE CONTRACTOR TO COMPLY WITH THE OSHA, STATE, AND LOCAL REQUIREMENTS. 6.1.4.THE TRENCH SAFETY PROGRAM AND EXCAVATION PLAN SHALL BE SUBMITTED TO THE OWNER'S REPRESENTATIVE FOR RECORD PURPOSES ONLY AND NOT FOR APPROVAL OR VERIFICATION. 7.THE CONTRACTOR SHALL BE RESPONSIBLE FOR SECURING AND CONTROLLING THE WORK SITE TO PREVENT ACCIDENTS, THEFT, AND VANDALISM. 7.1.THE CONTRACTOR WILL BE SOLELY RESPONSIBLE FOR REPLACEMENT OR SATISFACTORY REPAIRS TO EXISTING AND NEW IMPROVEMENTS DUE TO ACCIDENTS, THEFT, AND VANDALISM. 8.IT WILL NOT BE THE RESPONSIBILITY OF THE OWNER, OWNER'S REPRESENTATIVE, OR ENGINEER TO ENSURE THAT ALL SAFETY REGULATIONS ARE ABIDED BY. HOWEVER, IF THE OWNER, OWNER'S REPRESENTATIVE, OR ENGINEER RECOGNIZES OR IS NOTIFIED OF UNSAFE CONDITIONS, THE WORK BEING ACCOMPLISHED WILL BE STOPPED UNTIL THE CONTRACTOR INDICATES THAT IT IS NOT AN UNSAFE METHOD OR RECTIFIES THE SITUATION AT NO EXPENSE TO THE OWNER, OWNER'S REPRESENTATIVE, OR ENGINEER. EQUIPMENT 1.ONLY EQUIPMENT REQUIRED FOR PERFORMING THE WORK ON THE PROJECT WILL BE ALLOWED AT THE SITE. 2.THE EQUIPMENT USED ON THE PROJECT SHALL HAVE ALL OF THE REQUIRED PARTS FOR OPERATION INSTALLED AS RECOMMENDED BY THE MANUFACTURER. 3.ALL EQUIPMENT REQUIRED TO PERFORM THE WORK ON THE PROJECT SHALL BE IN GOOD WORKING ORDER AND MAINTAINED THROUGHOUT CONSTRUCTION. 4.ANY EQUIPMENT THAT IS TO BE STORED ON-SITE SHALL BE LOCATED IN AN AREA THAT IS PROTECTED TO PREVENT ACCIDENTS, DAMAGE TO MATERIALS, AND ANY ADVERSE ENVIRONMENTAL EFFECTS. 5.ANY EQUIPMENT THAT IS LEAKING FLUIDS SHALL BE FIXED PROMPTLY AND ANY FLUID CONTAMINATED SOIL SHALL BE REMOVED PROMPTLY IN ACCORDANCE WITH LOCAL, STATE, AND FEDERAL REGULATIONS. 6.THE CONTRACTOR SHALL PROTECT AGAINST SOIL/WATER CONTAMINATION BY UTILIZING CONTAINERS OR BARRIERS. 7.THE CONTRACTOR IS RESPONSIBLE FOR DISPOSAL OF ALL FLUIDS,CLEANING MATERIALS, AND LIQUIDS IN ACCORDANCE WITH LOCAL, STATE, AND FEDERAL REGULATIONS. MATERIALS 1.ONLY MATERIALS MEETING THE REQUIREMENTS OF THE SPECIFICATIONS AND REQUIRED FOR PERFORMING THE WORK ON THE PROJECT WILL BE ALLOWED AT THE SITE. 2.ANY PROPOSED ALTERNATIVES TO THE MATERIALS NOTED WITHIN THE DRAWINGS OR REQUIRED BY THE SPECIFICATIONS ARE TO BE SUBMITTED TO THE OWNER'S REPRESENTATIVE FOR APPROVAL SEVEN (7) CALENDAR DAYS PRIOR TO THE BID OPENING. 2.1.ANY CHANGES TO THE DRAWINGS REQUIRED BY ACCEPTANCE OF MATERIAL ALTERNATIVES AND/OR SUBSTITUTIONS ARE THE RESPONSIBILITY OF THE CONTRACTOR AND SHALL BE SUBMITTED TO THE OWNER'S REPRESENTATIVE FOR APPROVAL, WITH ALL COSTS ASSOCIATED WITH THE CHANGE BEING THE RESPONSIBILITY OF THE CONTRACTOR. 2.2.THE OWNER RESERVES THE RIGHT TO REJECT ANY PROPOSED SUBSTITUTION IN FAVOR OF THAT SPECIFIED. 3.MATERIALS THAT ARE TO BE STORED ON-SITE SHALL BE STORED IN ACCORDANCE WITH THE MANUFACTURER RECOMMENDATIONS AND PROJECT SPECIFICATIONS AND SHALL BE LOCATED IN AN AREA THAT IS PROTECTED TO PREVENT ACCIDENTS, DAMAGE TO MATERIALS, AND ANY ADVERSE ENVIRONMENTAL EFFECTS. 4.ANY DAMAGED MATERIALS SHALL BE PROMPTLY REMEDIED BY THE CONTRACTOR AT THE CONTRACTOR'S SOLE EXPENSE IN ACCORDANCE WITH MANUFACTURER RECOMMENDATIONS. 4.1.IF IT IS DETERMINED THAT THE MATERIAL(S) ARE NOT SUITABLE FOR INSTALLATION BY EITHER THE ENGINEER OR THE OWNER, THEN THE MATERIAL(S) ARE TO BE REMOVED FROM THE PROJECT SITE IMMEDIATELY AND DISPOSED OF IN ACCORDANCE WITH LOCAL, STATE, AND FEDERAL REGULATION AT THE SOLE EXPENSE OF THE CONTRACTOR. 5.MATERIAL SUBMITTALS SHALL BE PROVIDED TO THE OWNER'S REPRESENTATIVE FOR REVIEW OF MATERIALS TO BE USED ON THE PROJECT. 5.1.SUBMIT MATERIAL DESCRIPTIVE LITERATURE, BULLETINS, TECHNICAL DATA SHEETS, MATERIAL SAFETY DATA SHEETS, AND INSTALLATION INSTRUCTIONS FOR SANITARY SEWER UTILITIES, STORM SEWER UTILITIES, WATER UTILITIES, PAVEMENT, AND OTHER MATERIALS THAT WILL BE USED ON THE PROJECT. 5.2.MATERIAL INFORMATION SHALL INDICATE THAT SPECIFICATIONS ARE MET OR EXCEEDED. 5.3.SUBMITTALS FOR PREFABRICATED ASSEMBLIES SHALL BEAR THE SEAL OF AN ENGINEER LICENSED TO PRACTICE IN THE STATE OF TEXAS CERTIFYING THAT THE PRODUCT MEETS ALL APPLICABLE DESIGN CONDITIONS AND CONFORMS TO GOVERNING CODE REQUIREMENTS. 6.SUBMIT REINFORCING STEEL SHOP DRAWINGS DETAILING REINFORCEMENT FABRICATION AND BAR PLACEMENT. 6.1.SHOP DRAWINGS SHALL INCLUDE A COMPLETE BILL OF MATERIALS FOR ALL REINFORCING STEEL, WHICH IS REFERENCED IN THE INFORMATION ON THE SHOP DRAWINGS. 6.2.THE SHOP DRAWINGS SHALL PROVIDE SUFFICIENT DETAIL TO PERMIT PLACEMENT OF THE REINFORCEMENT WITHOUT THE USE OF DESIGN DRAWINGS. SUBMITTAL REQUIREMENTS 1.THE FOLLOWING PARTIAL LISTING OF SUBMITTALS SHALL BE FORWARDED TO THE OWNER'S REPRESENTATIVE FOR REVIEW WITH ANY WORK ASSOCIATED WITH THESE ITEMS NOT COMMENCING UNTIL THE SUBMITTALS HAVE BEEN REVIEWED AND APPROVED BY THE OWNER'S REPRESENTATIVE: 1.1.SUBMIT GRADATION, ATTERBURG LIMITS AND MOISTURE DENSITY CURVES FOR EACH TYPE OF EXISTING SUBGRADE ENCOUNTERED AND FOR EACH TYPE OF FILL MATERIAL TO BE USED. 1.2.SUBMIT REINFORCING STEEL SHOP DRAWINGS DETAILING REINFORCEMENT FABRICATION AND BAR PLACEMENT. 1.2.1.SHOP DRAWINGS SHALL INCLUDE A COMPLETE BILL OF MATERIALS FOR ALL REINFORCING STEEL, WHICH IS REFERENCED TO THE INFORMATION ON THE SHOP DRAWINGS. 1.2.2.SHOP DRAWINGS SHALL PROVIDE SUFFICIENT DETAIL TO PERMIT PLACEMENT OF THE REINFORCEMENT WITHOUT THE USE OF THE DESIGN DRAWINGS. 1.3.SUBMIT DESCRIPTIVE LITERATURE, BULLETINS, TECHNICAL DATA SHEETS, MATERIAL SAFETY DATA SHEETS (MSDS), AND INSTALLATION INSTRUCTIONS FOR THE FOLLOWING: 1.3.1.SANITARY SEWER UTILITY - INCLUDING BUT NOT LIMITED TO: PIPE, MANHOLES, FRAME AND COVER, CONCRETE, FITTINGS, AND APPURTENANCES. 1.3.2.STORM SEWER UTILITY - INCLUDING BUT NOT LIMITED TO: PIPE, MANHOLES, INLETS, FRAME AND COVER/GRATE, CONCRETE, AND APPURTENANCES. 1.3.3.WATER UTILITY - INCLUDING BUT NOT LIMITED TO: PIPE, VALVES, FITTINGS, CONCRETE, AND APPURTENANCES. 1.4.SUBMITTALS FOR PRECAST OR PREFABRICATED ASSEMBLIES SHALL BEAR THE SEAL OF A ENGINEER LICENSED TO PRACTICE IN THE STATE OF TEXAS CERTIFYING THAT THE PRODUCT MEETS ALL APPLICABLE DESIGN CONDITIONS AND CONFORMS TO GOVERNING CODE REQUIREMENTS. 1.5.SUBMIT ANY PROPOSED SUBSTITUTIONS TO THE ITEMS SPECIFIED HEREIN OR IN THE SPECIFICATIONS. 1.5.1.OWNER RESERVES THE RIGHT TO REJECT ANY PROPOSED SUBSTITUTION IN FAVOR OF THAT SPECIFIED. 1.5.2.IN THE EVENT THAT A SUBSTITUTED ITEM REQUIRES THE CONSTRUCTION DRAWINGS TO BE REVISED IN ANY MANNER, THE CONTRACTOR WILL BE SOLELY RESPONSIBLE FOR ALL ENGINEERING AND REPRODUCTION COSTS. 1.5.3.IN THE EVENT THAT A SUBSTITUTED ITEM REQUIRES THE ADJUSTMENT AND/OR REINSTALLATION OF EXISTING OR PROPOSED UTILITIES AND/OR IMPROVEMENTS THE CONTRACTOR WILL BE SOLELY RESPONSIBLE FOR ALL COSTS. 1.6.CONTRACTOR SHALL SUBMIT PAVEMENT CONSTRUCTION AND CONTROL JOINT LOCATIONS FOR REVIEW PRIOR TO PLACING ANY PAVEMENT CONCRETE. SUBMITTAL SHALL HIGHLIGHT JOINT LOCATIONS THAT HAVE BEEN CHANGED FROM THE LAYOUT SHOWN IN THE BID DOCUMENTS. IN GENERAL, PAVEMENT CONSTRUCTION JOINT SPACING SHALL NOT EXCEED FORTY-FEET (40') ON CENTER AND PAVEMENT CONTROL JOINT SPACING SHALL NOT EXCEED TEN-FEEET (10') ON CENTER. EROSION AND POLLUTION CONTROL DURING CONSTRUCTION 1.ALL CONSTRUCTION ACTIVITIES SHALL BE SUBJECT TO THE EROSION AND POLLUTION PREVENTION REQUIREMENTS OF THE CITY, COUNTY, TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ), ALL APPLICABLE PERMITS, AND ALL LAWS AND REGULATIONS. 1.1.A TCEQ STORMWATER PERMIT FOR CONSTRUCTION WILL BE REQUIRED FOR THIS PROJECT. 2.THE CONTRACTOR IS TO OBTAIN ALL REQUIRED PERMITS AND POST REQUIRED COPIES ON-SITE AT ALL ENTRANCES PRIOR TO COMMENCING CONSTRUCTION. 3.THE CONTRACTOR WILL BE REQUIRED AT ALL TIMES DURING CONSTRUCTION TO PROVIDE AND MAINTAIN ALL REQUIRED CONTROL DEVICES THAT ARE INDICATED WITHIN THE DRAWINGS AND ALL REQUIRED DEVICES AS REQUIRED BY ANY PERMIT. 4.SEE ALSO TEMPORARY EROSION AND POLLUTION CONTROL NOTES AND PLAN(S) WITHIN THIS DRAWING SET. TRAFFIC CONTROL AND EXISTING PEDESTRIAN FACILITIES 1.THE CONTRACTOR IS SOLELY RESPONSIBLE TO PROVIDE, IMPLEMENT, AND COMPLY WITH A TRAFFIC CONTROL PLAN MEETING THE REQUIREMENTS OF THE COUNTY OR CITY, TxDOT, THE OWNER'S REPRESENTATIVE, AND THE TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (TMUTCD) (LATEST EDITION) FOR ANY WORK ALONG THE ROAD AND ALL ADJACENT ROADS TO THE PROJECT SITE. 1.1.THE PLAN SHALL CONTAIN PROVISIONS FOR ALL PROJECT PHASES AND PROVIDE SUFFICIENT BARRICADES, WARNINGS, AND LIGHTING TO WARN AND GUIDE MOTORISTS AND PEDESTRIANS THROUGH THE WORK AREA. 1.2.THIS PLAN IS TO BE SUBMITTED TO AND APPROVED BY ALL APPROPRIATE AGENCIES BEFORE CONSTRUCTION ALONG THE ROAD IS TO COMMENCE. 1.3.THIS PLAN AND THE APPROVAL NOTIFICATION ARE TO BE SUBMITTED TO THE OWNER'S REPRESENTATIVE FOR RECORD KEEPING PURPOSES ONLY BEFORE CONSTRUCTION ALONG THE ROAD IS TO COMMENCE. 1.4.IF A PLAN IS INCLUDED WITHIN THE DRAWINGS, IT SHOULD BE USED AS A GENERAL GUIDELINE. 2.ANY MODIFICATIONS TO THE APPROVED TRAFFIC CONTROL PLAN SHALL BE SUBMITTED TO ALL APPROPRIATE AGENCIES FOR APPROVAL PRIOR TO IMPLEMENTATION. 3.THE CONTRACTOR WILL BE SOLELY RESPONSIBLE FOR MAINTAINING AND VERIFYING THAT ALL TRAFFIC CONTROL DEVICES ARE IN THE PROPER POSITION, WORKING ORDER, AND MEET THE SPECIFICATIONS EACH DAY PRIOR TO COMMENCING WORK AND PRIOR TO LEAVING FOR THE DAY, AND VERIFYING AT LEAST ONCE PER DAY WHEN NO WORK IS DONE INCLUDING WEEKENDS, HOLIDAYS, AND WEATHER DAYS. 4.MAINTENANCE OF TRAFFIC CONTROL DEVICES ARE TO OCCUR IMMEDIATELY WHEN NOTICED THAT THE DEVICE DOES NOT MEET THE TRAFFIC CONTROL PLAN AND SPECIFICATIONS. 5.IF TRAFFIC ON A ROAD IS TO BE DETOURED, OBSTRUCTED, AND/OR ROAD CLOSED, THE CONTRACTOR SHALL PROVIDE DAILY NOTIFICATION TO ALL PUBLIC EMERGENCY DEPARTMENTS (I.E. FIRE, POLICE, EMS) AND ALL PRIVATE EMS. 5.1.AT ALL TIMES, THE CONTRACTOR SHALL MAINTAIN INGRESS/EGRESS TO ADJACENT PROPERTIES FOR EMERGENCY VEHICLES AND POSTAL SERVICE IF AN ALTERNATE ROUTE IS NOT AVAILABLE. 6.PLACEMENT OF TEMPORARY AND PERMANENT PAVEMENT MARKINGS SHALL BE IN ACCORDANCE WITH THE TMUTCD, THE DRAWINGS, AND SHALL BE APPROVED BY THE GOVERNING ENTITY. 7.THE CONTRACTOR SHALL MAINTAIN AND PROVIDE FOR SAFE AND CONVENIENT INGRESS/EGRESS TO THE PROPERTY ADJACENT TO CONSTRUCTION, PROTECT EXISTING IMPROVEMENTS, AND SHALL COORDINATE WITH THE PROPERTY OWNER / LESSEE FOR WORK ON THE SITE. 7.1.THE CONTRACTOR SHALL NOTIFY PROPERTY OWNER/LESSEE IN WRITING SEVEN (7) DAYS PRIOR TO START OF CONSTRUCTION AND SHALL NOTIFY IN WRITING AT LEAST TWO (2) WEEKS IN ADVANCE OF ANY WORK AFFECTING INGRESS/EGRESS FROM THE PROPERTY. 7.1.1.THE NOTICE SHALL BE APPROVED OF BY THE OWNER AND THE OWNER'S REPRESENTATIVE. 7.1.2.THE NOTICE SHALL BE HAND DELIVERED BY THE CONTRACTOR. 7.1.3.THE NOTICE SHALL INDICATE WHAT DISRUPTIONS WILL OCCUR AND PROVIDE DATES AND CONTRACTOR CONTACT INFORMATION IN THE EVENT OF EMERGENCIES OR ANY QUESTIONS. 8.THE CONTRACTOR SHALL MAINTAIN EXISTING PEDESTRIAN FACILITIES DURING CONSTRUCTION. 9.THE CONTRACTOR SHALL FILL ANY HOLES LEFT WHEN BARRICADES AND SIGNS ARE REMOVED AND RESTORE THE AREA TO THE ADJACENT CONDITIONS. DRAINAGE DURING CONSTRUCTION 1.THE CONTRACTOR SHALL MAINTAIN ADEQUATE DRAINAGE AT ALL TIMES DURING CONSTRUCTION. 2.THE CONTRACTOR SHALL PROVIDE INTERIM DRAINAGE BY MEANS OF PUMPS AND TEMPORARY DITCHES DURING CONSTRUCTION AS REQUIRED TO MAINTAIN A WELL-DRAINED SITE FREE OF STANDING WATER AND WATER SOFTENED SOILS, UNLESS OTHERWISE INDICATED BY THE OWNER'S REPRESENTATIVE. 3.DRAINAGE FROM ADJACENT PROPERTIES SHALL NOT BE BLOCKED AT ANYTIME PRIOR, DURING, AND AFTER CONSTRUCTION AND WILL BE HANDLED AS SHOWN ON THE DRAWINGS OR AS INDICATED BY THE OWNER'S REPRESENTATIVE. EXCESS, DEMOLITION, AND SALVAGED MATERIALS 1.THE PROJECT AREA SHALL AT ALL TIMES BE KEPT FREE OF DEBRIS AND EXCESS MATERIAL TO THE SATISFACTION OF THE OWNER'S REPRESENTATIVE. 2.EXCESS AND DEMOLITION MATERIALS WHICH ARE NOT USED ON THE PROJECT SHALL BECOME THE PROPERTY OF THE CONTRACTOR, UNLESS THE OWNER'S REPRESENTATIVE STATES OTHERWISE. 3.DISPOSAL OF ALL EXCESS AND DEMOLITION MATERIALS SHALL BE THE SOLE RESPONSIBILITY OF THE CONTRACTOR AND SHALL BE DISPOSED OF IN ACCORDANCE WITH LOCAL, STATE, AND FEDERAL REGULATIONS. 4.DEMOLITION 4.1.DEMOLITION OF EXISTING IMPROVEMENTS SHALL BE PERFORMED BY THE CONTRACTOR BY SAW-CUTTING AT THE POINT WHERE THE ITEM IS TO REMAIN, UNLESS OTHERWISE INDICATED BY THE OWNER'S REPRESENTATIVE. 4.1.1.CUTS SHALL BE VERTICAL AND TO A DEPTH THAT WILL ALLOW THE PORTION TO BE REMOVED WITHOUT DAMAGING ANY PORTION TO REMAIN. 4.2.DEMOLITION SHALL BE COMPLETED IN A MANNER THAT WILL NOT DAMAGE THE PORTION THAT WILL REMAIN AND SHALL BE DONE IN A MANNER THAT IS CONSISTENT WITH INDUSTRY STANDARDS. 4.2.1.DAMAGE TO ANY PORTION THAT IS TO REMAIN SHALL BE REPLACED OR REPAIRED TO A LIKE OR BETTER CONDITION BY THE CONTRACTOR AT NO EXPENSE TO THE PROJECT. 4.3.CEASE OPERATIONS AND NOTIFY THE OWNER'S REPRESENTATIVE IMMEDIATELY IF ADJACENT IMPROVEMENTS APPEAR TO BE ENDANGERED. 4.4.WELDING OR CUTTING STEEL WITH A TORCH IS NOT PERMITTED UNLESS APPROVED BY THE OWNER'S REPRESENTATIVE. 4.5.THE CONTRACTOR SHALL TAKE NECESSARY PRECAUTIONS AND METHODS TO PREVENT THE SPREAD OF DUST AND/OR OTHER DEBRIS FROM ENTERING OCCUPIED AREAS OF ADJACENT BUILDINGS OR FROM DAMAGING EXISTING ITEMS THAT ARE TO REMAIN. 5.MATERIALS THAT ARE DEEMED SALVAGEABLE SHALL BE HANDLED BY THE CONTRACTOR IN A MANNER TO PREVENT DAMAGE AND SHALL BE STORED AT A LOCATION THAT IS SUITABLE FOR THE OWNER'S REPRESENTATIVE. 6.IF WASTE AREAS OR MATERIAL SOURCE AREAS RESULT FROM THIS PROJECT, THE CONTRACTOR IS TO FOLLOW ALL LOCAL, STATE, AND FEDERAL REGULATIONS. 811 OR 1-800-344-8377 OR www.texas811.org GIVE 4 WORKING DAYS (M-F) NOTICE ABOVE IMAGE IS FROM www.texas811.org, TEXAS EXCAVATION SAFETY SYSTEM, INC., 11880 GREENVILLE AVENUE, SUITE 120, DALLAS, TEXAS 75243-3568 PH: (972) 231-5497 NOTICE ·THE GENERAL CONTRACTOR AND ALL SUBCONTRACTOR(S) WHICH WILL BE PERFORMING ANY WORK INDICATED WITHIN THESE DRAWINGS WILL BE SOLELY RESPONSIBLE FOR CONTACTING TEXAS 811, LONE STAR 811, AND OTHER UTILITY LOCATING COMPANIES AS WELL AS ALL LOCAL UTILITIES (WASTEWATER, STORM, WATER, GAS, TRAFFIC, ETC.) BY ALL MEANS POSSIBLE FOR THE LOCATING AND MARKING OF UNDERGROUND AND ABOVE GROUND UTILITIES PRIOR TO COMMENCING ANY CONSTRUCTION. ·DAMAGES TO UTILITIES WILL BE THE SOLE RESPONSIBILITY AND EXPENSE OF THE GENERAL CONTRACTOR TO PROVIDE A REMEDY TO THE DAMAGE WITH THE UTILITY OWNER. 1-800-669-8344 OR www.lonestar811.com GIVE 4 WORKING DAYS (M-F) NOTICE ABOVE IMAGE IS FROM www.lonestar811.com, LONE STAR 811, 363 N. BELT E., SUITE 1100, HOUSTON, TEXAS 77060 PH: (713) 432-0365 EM P I R E S U B D I V I S I O N OF F - S I T E W A S T E W A T E R I M P R O V E M E N T S JOB NO. CI V I L S T R U C T U R A L M A R I N E TO P O G R A P H I C S U R V E Y I N G TB P E F I R M N o . F - 1 2 2 4 0 C020 DR A W N B Y : CH K B Y : AP P B Y : SC A L E : DA T E : R E V I S I O N S DA T E AP P R BY DE S C R I P T I O N NO . MU N O Z E N G I N E E R I N G , L L C © 2 0 2 0 ( M: \ P r o j e c t s \ L - M o s t a g h a s i I n v e s t m e n t \ E m p i r e \ 0 4 - C I V I L \ 0 1 - D W G \ 0 3 - W W P L A N \ C 0 1 0 1 - N O T E S , C 0 2 0 1 T E S T I N G , C 0 3 0 1 L E G E N D . d w g ) PH O N E : 3 6 1 - 9 4 6 - 4 8 4 8 16 0 8 S . B R O W N L E E B O U L E V A R D CO R P U S C H R I S T I , T E X A S 7 8 4 0 4 AS N O T E D AP R I L 2 0 2 0 RR TT RM I I I 190026-B 04/07/2020 GE N E R A L N O T E S ( 2 O F 3 ) 811 OR 1-800-344-8377 OR www.texas811.org GIVE 4 WORKING DAYS (M-F) NOTICE ABOVE IMAGE IS FROM www.texas811.org, TEXAS EXCAVATION SAFETY SYSTEM, INC., 11880 GREENVILLE AVENUE, SUITE 120, DALLAS, TEXAS 75243-3568 PH: (972) 231-5497 NOTICE ·THE GENERAL CONTRACTOR AND ALL SUBCONTRACTOR(S) WHICH WILL BE PERFORMING ANY WORK INDICATED WITHIN THESE DRAWINGS WILL BE SOLELY RESPONSIBLE FOR CONTACTING TEXAS 811, LONE STAR 811, AND OTHER UTILITY LOCATING COMPANIES AS WELL AS ALL LOCAL UTILITIES (WASTEWATER, STORM, WATER, GAS, TRAFFIC, ETC.) BY ALL MEANS POSSIBLE FOR THE LOCATING AND MARKING OF UNDERGROUND AND ABOVE GROUND UTILITIES PRIOR TO COMMENCING ANY CONSTRUCTION. ·DAMAGES TO UTILITIES WILL BE THE SOLE RESPONSIBILITY AND EXPENSE OF THE GENERAL CONTRACTOR TO PROVIDE A REMEDY TO THE DAMAGE WITH THE UTILITY OWNER. 1-800-669-8344 OR www.lonestar811.com GIVE 4 WORKING DAYS (M-F) NOTICE ABOVE IMAGE IS FROM www.lonestar811.com, LONE STAR 811, 363 N. BELT E., SUITE 1100, HOUSTON, TEXAS 77060 PH: (713) 432-0365 NOTICE: THIS PAGE DOES NOT CONTAIN ALL PROJECT NOTES OR PROJECT REQUIREMENTS. THIS PAGE MAY CONTAIN NOTES THAT ARE NOT PERTINENT TO THE PROJECT BUT ARE INCLUDED FOR REFERENCE. IT WILL BE THE RESPONSIBILITY OF ALL CONTRACTORS WORKING ON THIS PROJECT TO BE KNOWLEDGEABLE WITH ALL PROJECT CONTRACT DOCUMENTS, WHICH INCLUDES BUT NOT LIMITED TO THE PROJECT GENERAL REQUIREMENTS, SPECIFICATIONS, AND DRAWINGS. ANY AND ALL COSTS RELATED TO THE CONTRACTOR FAILURE OF BEING KNOWLEDGEABLE WITH THE CONTRACT DOCUMENTS WILL BE AT THE SOLE EXPENSE OF THE CONTRACTOR.. SITE CLEARING AND EARTHWORK 1.THE SITE SHALL BE CLEARED OF ALL TREES, SHRUBS, AND STUMPS UNLESS OTHERWISE NOTED ON THE DRAWINGS OR INDICTED BY THE OWNER'S REPRESENTATIVE IN ACCORDANCE WITH THE SPECIFICATIONS. 2.THE SITE SHALL BE CLEARED OF ALL EXISTING CONCRETE, PAVEMENT, WALLS, FENCING, FOUNDATIONS, ETC. AS REQUIRED TO PROPERLY CONSTRUCT THE PROJECT WITH ALL WORK IN ACCORDANCE WITH THE SPECIFICATIONS AND AS INDICATED ON THE DRAWINGS OR AS INDICATED BY THE OWNER'S REPRESENTATIVE. 3.THE TOP SIX-INCHES (6") OF MATERIAL SHALL BE STOCKPILED ON-SITE AND USED FOR FINAL STABILIZATION BETWEEN THE BACK OF CURB / ROAD EDGE AND SIDEWALK / RIGHT-OF-WAY LINE / PROPERTY LINE AND COMPACTED TO ACHIEVE A A DEPTH OF SIX-INCHES (6"). 3.1.ANY ADDITIONAL MATERIAL SHALL BE EVENLY PLACED ON REMAINING AREAS THAT ARE DISTURBED. 4.ALL EARTHWORK (SITE GRADING, FILLING, HAULING, CUTTING, LOADING, ETC.) REQUIRED TO ACHIEVE THE LINES AND GRADES AS INDICATED WITHIN THIS DRAWING SET SHALL BE COMPLETED BY THE CONTRACTOR. 5.FILL BEYOND THE RIGHT-OF-WAY (ON LOTS) SHALL BE PLACED IN SIX-INCH (6") LIFTS AND COMPACTED TO MEET THAT OF THE AVERAGE OF THE EXISTING MATERIAL ON SITE PRIOR TO ANY DISTURBANCE. 6.CONTRACTOR SHALL PERFORM ROUGH EARTHWORK (SITE GRADING, FILLING, HAULING, CUTTING, LOADING, ETC.) TO VERIFY ADEQUATE EARTH QUANTITY ON-SITE TO ACHIEVE THE REQUIRED GRADES INDICATED WITHIN THIS DRAWING SET PRIOR TO ANY OTHER CONSTRUCTION. 6.1.IF MATERIAL IS TO BE HAULED FROM OFF-SITE SOURCES THE MATERIAL SHALL BE OF LIKE MATERIAL COMPOSITION AS TO WHAT IS FOUND CURRENTLY ON-SITE AND APPROVED BY THE OWNER'S REPRESENTATIVE. 7.AFTER ROUGH EARTHWORK IS COMPLETE AND CONTRACTOR DETERMINES THAT SUFFICIENT MATERIAL IS AVAILABLE TO ACHIEVE THE REQUIRED GRADES, CONSTRUCTION ON THE REST OF THE PROJECT CAN COMMENCE. 8.FINAL GRADES AS INDICATED WITHIN THE DRAWINGS SHALL BE ACHIEVED PRIOR TO FINAL ACCEPTANCE. 9.GRADES NOT OTHERWISE INDICATED SHALL BE UNIFORM LEVELS OR SLOPES BETWEEN POINTS WHERE ELEVATIONS ARE GIVEN, OR BETWEEN SUCH POINTS AND EXISTING FINISH GRADES. 9.1.ROUND OFF ABRUPT CHANGES IN SLOPE. 10.THE CONTRACTOR WILL BE REQUIRED TO LIMIT THE AMOUNT OF DUST AND WIND TRANSPORTED MATERIALS FROM OCCURRING ON AND OFF THE PROJECT SITE DURING AND AFTER WORKING HOURS SEVEN (7) DAYS A WEEK THROUGHOUT THE DURATION OF THE PROJECT. 10.1.THE CONTRACTOR SHALL PHASE WORK ON THE SITE AND USE WATER, TEMPORARY COVER, AND/OR DUST CONTROL AGENTS TO LIMIT THE AMOUNT OF DUST AND OTHER WIND-BORNE MATERIALS FROM EXITING THE PROJECT SITE. 10.2.IF DUST FROM THE PROJECT SITE BECOMES EXCESSIVE, THE CONTRACTOR WILL BE REQUIRED TO TAKE ANY AND ALL MEASURES POSSIBLE TO CONTROL THE POLLUTION. 11.CONTRACTOR SHALL LIMIT THE AMOUNT OF EROSION DUE TO STORM EVENTS AND ANY EROSION AREAS SHALL BE RESHAPED AND REPAIRED TO THE LINES AND GRADES SHOWN IN THE DRAWINGS IN A TIMELY MANNER WHEN CONDITIONS ALLOW. 12.WHEN THE FINISHED FLOOR (FF) ELEVATION IS INDICATED ON THE GRADING PLAN, IT IS TO BE UNDERSTOOD THAT IT IS A RECOMMENDATION BASED UPON THE DRAINAGE DESIGN OF THE PROJECT. THIS RECOMMENDED FINISHED FLOOR ELEVATION (FF) IS SUBJECT TO CHANGE UPON FINAL DESIGN OF THE BUILDING. 12.1.THE OWNER AND THE DESIGN PROFESSIONAL OF THE BUILDING WILL BE SOLELY RESPONSIBLE FOR ADJUSTING THE FINISHED FLOOR (FF) ELEVATION UPON VERIFICATION OF CURRENT CONDITIONS AND ALL CURRENT APPLICABLE LAWS, STATUTES, RULES, REGULATIONS, ORDINANCES, CODES, AND ORDERS OF ANY AND ALL GOVERNMENTAL BODIES, AGENCIES, AUTHORITIES, AND COURTS HAVING JURISDICTION. SITE GRADING 1.PRIOR TO COMMENCING GRADING ACTIVITIES, ALL IMPROVEMENTS SHALL BE PROTECTED FROM DAMAGE. 1.1.IF ANY IMPROVEMENT IS DAMAGED, THE CONTRACTOR WILL BE RESPONSIBLE FOR THE REPAIR OR REPLACEMENT OF THE ITEM DAMAGED AT NO ADDITIONAL COST TO THE PROJECT. 2.THE CONTRACTOR SHALL CONSTRUCT THE SITE TO THE LINES, GRADES, AND ELEVATIONS AS SPECIFIED AND AS INDICATED WITHIN THE DRAWINGS. 3.ANY ADJUSTMENTS TO THE LINES, GRADES, AND ELEVATIONS SHALL BE APPROVED BY THE OWNER'S REPRESENTATIVE. 4.THE CONTRACTOR WILL BE RESPONSIBLE FOR CONTROLLING DUST AND SOIL MOVEMENT BY WIND AND WATER ONCE SITE GRADING ACTIVITIES HAVE COMMENCED AND SHALL STAGE CONSTRUCTION AND PROVIDE DUST AND SOIL STABILIZATION CONTROL(S). 4.1.IF DUST AND SOIL MOVEMENT BY WIND AND WATER BECOMES EXCESSIVE, THE OWNER'S REPRESENTATIVE MAY CEASE ALL CONSTRUCTION ACTIVITIES UNTIL THE CONTRACTOR HAS REMEDIED THE SITUATION. 5.AREAS TO RECEIVE FILL SHALL BE STRIPPED OF ALL VEGETATION, HUMUS, AND OTHER OBJECTIONABLE MATTER ENCOUNTERED WITHIN THE TOP SIX-INCHES (6") OF THE SOIL. 5.1.THIS MATERIAL, WITH THE EXCEPTION OF OBJECTIONABLE MATTER, SHALL BE STOCKPILED, IF FEASIBLE, AND REUSED AS SURFACE STABILIZATION MATERIAL BEYOND THE RIGHT-OF-WAY. 5.2.OBJECTIONABLE MATTER SHALL BE DETERMINED BY THE OWNER'S REPRESENTATIVE AND SHALL BECOME THE PROPERTY OF THE CONTRACTOR AND DISPOSED OF IN ACCORDANCE WITH LOCAL, STATE, AND FEDERAL REGULATIONS, UNLESS OTHERWISE INSTRUCTED BY THE OWNER'S REPRESENTATIVE. 6.IMPORT MATERIAL, WHEN REQUIRED, SHALL BE OF SIMILAR MATERIAL AS TO THE NATURAL OCCURRING MATERIAL ON-SITE AND APPROVED OF BY THE OWNER'S REPRESENTATIVE 6.1.MATERIAL SHALL BE FREE OF LARGE CLODS, LARGE ROCKS, ORGANIC MATTER, CONSTRUCTION MATERIAL, TRASH, AND OTHER OBJECTIONABLE MATERIAL. 6.2.THE CONTRACTOR WILL BE SOLELY RESPONSIBLE FOR VERIFICATION OF MATERIAL TYPE AND QUANTITY IMPORTED PER TRUCK. 6.2.1.THE OWNER'S REPRESENTATIVE SHALL BE PROVIDED TRIP TICKETS THAT INDICATE THE TRUCK NUMBER, DATE OF DELIVERY, MATERIAL DELIVERED, AND QUANTITY OF MATERIAL DELIVERED. 6.2.2.TRIP TICKETS SHALL BE PROVIDED TO THE OWNER'S REPRESENTATIVE ON A WEEKLY INTERVAL AND AS REQUESTED. 7.EXCESS SOIL MATERIAL FROM GRADING ACTIVITIES SHALL NOT BE REMOVED FROM THE SITE, UNLESS DIRECTED BY THE OWNER'S REPRESENTATIVE. 7.1.EXCESS MATERIAL SHALL BE INCORPORATED INTO THE PROJECT OR STOCKPILED IN A MANNER TO PROMOTE POSITIVE DRAINAGE. 8.NO FILL THAT IS PLACED BY DUMPING IN A PILE OR WINDROW SHALL BE INCORPORATED INTO A LAYER IN THAT POSITION; ALL SUCH PILES AND WINDROWS SHALL BE MOVED BY BLADING OR SIMILAR METHOD. 9.ALL FILL SHALL BE PLACED IN LAYERS APPROXIMATELY PARALLEL TO THE FINISH GRADE AND IN LAYERS NOT IN EXCESS OF SIX-INCHES (6”) OF UN-COMPACTED DEPTH, UNLESS INDICATED OTHERWISE BY THE OWNER'S REPRESENTATIVE. 10.FILL COMPACTION 10.1.5' BEYOND RIGHT-OF-WAY AND WITHIN NON RIGHT-OF-WAY AREAS 10.1.1.TO A DENSITY WHICH APPROXIMATES THAT OF THE EXISTING NATURAL GROUND, UNLESS OTHERWISE INDICATED BY THE OWNER'S REPRESENTATIVE. 10.2.5' BEYOND RIGHT-OF-WAY AND WITHIN RIGHT-OF-WAY AREAS 10.2.1.TO A DENSITY OF NOT LESS THAN 95% STANDARD PROCTOR AT OPTIMUM MOISTURE CONTENT, UNLESS INDICATED OTHERWISE BY THE OWNER'S REPRESENTATIVE. 10.3.ALL IRREGULARITIES, DEPRESSIONS, AND SOFT SPOTS WHICH DEVELOP FROM COMPACTION SHALL BE CORRECTED BY THE CONTRACTOR. 11.ANY EARTHWORK QUANTITIES SHOWN WITHIN THE DRAWINGS ARE FOR INFORMATIONAL PURPOSES ONLY AND MAY NOT REFLECT THE ACTUAL AMOUNT THAT WILL BE REQUIRED TO COMPLETE THE WORK DUE TO CONSTRUCTION METHODS. EXCAVATION AND TRENCHING FOR UTILITIES, ROADWAY, AND STRUCTURES 1.ALL EXCAVATION SHALL BE IN ACCORDANCE WITH THE TRENCH SAFETY PROGRAM THAT HAS BEEN DEVELOPED AND IMPLEMENTED BY THE CONTRACTOR. 2.EXCAVATIONS SHALL NOT BE MADE DURING INCLEMENT WEATHER. 3.WATER ACCUMULATION IN EXCAVATIONS EXCEEDING ONE-INCH (1") SHALL BE PUMPED OUT PRIOR TO CONTINUING CONSTRUCTION OR AS APPROVED BY THE OWNER'S REPRESENTATIVE. 4.TRENCH EXCAVATION SHALL NOT PRECEDE BACKFILL BY MORE THAN 200 FEET. 5.TRENCHES SHALL NOT BE LEFT OPEN OR UNSECURED AFTER NORMAL WORKING HOURS OR WHILE WORKERS ARE NOT PRESENT ON-SITE. 5.1.IF TRENCHES ARE LEFT OPEN, THEY SHALL BE COVERED AND APPROPRIATE AND ADEQUATE BARRICADES SHALL BE PLACED TO PREVENT ACCESS INTO THE TRENCH AREA. 6.ALL TOP SOIL, VEGETATION, ORGANIC MATERIAL, AND UNSUITABLE SOIL UNDER CONSTRUCTION AREAS SHALL BE EXCAVATED IN ACCORDANCE WITH APPLICABLE SPECIFICATIONS AND STOCKPILED AND USED AS STABILIZATION MATERIAL FOR AREAS THAT WILL NOT BE BENEATH ROADS, DRIVEWAYS, SIDEWALKS, STRUCTURES, AND OTHER ITEMS AS INDICATED BY THE OWNER'S REPRESENTATIVE. DEWATERING 1.DEWATERING ACTIVITIES MAY BE REQUIRED TO CONSTRUCT PORTIONS OF THE PROJECT 1.1.THE CONTRACTOR WILL BE RESPONSIBLE FOR ALL REQUIRED PERMITS AND EROSION AND POLLUTION CONTROL DEVICES TO CONTROL THE EFFLUENT AND SHALL INSTALL THOSE DEVICES PRIOR TO COMMENCING DEWATERING ACTIVITIES. 1.2 THE LOCATION OF THE(SE) DEVICES SHALL BE INSTALLED AT APPROVED LOCATION(S) BY THE OWNER'S REPRESENTATIVE. 2.ALL DEWATERING ACTIVITIES SHALL BE IN ACCORDANCE WITH THE SPECIFICATIONS AND LOCAL, STATE, AND FEDERAL REGULATIONS. 3.THE CONTRACTOR WILL ALSO BE REQUIRED TO TEST THE SURROUNDING SURFACE WATER(S) AND THE WATER FROM THE DEWATERING ACTIVITIES FOR WATER COMPOSITION PRIOR TO DISCHARGING EFFLUENT. 3.1.THE CONTRACTOR SHALL FURNISH THE OWNER'S REPRESENTATIVE WITH A COPY OF THE TEST REPORT. 3.2.IF THE WATER IS DETERMINED TO BE OF A COMPOSITION THAT MAY HARM THE SURROUNDING ENVIRONMENT, THEN THE CONTRACTOR WILL BE RESPONSIBLE FOR THE DISPOSAL IN A MANNER THAT IS IN ACCORDANCE WITH LOCAL, STATE, AND FEDERAL REGULATIONS. 4.WATER REMOVED FROM EXCAVATIONS SHALL BE HANDLED IN SUCH A MANNER AS TO PREVENT DAMAGE TO ADJACENT PROPERTY AND OTHER WORK. 4.1.DAMAGE CAUSED BY DEWATERING OPERATIONS TO THE ADJACENT PROPERTY OR WORK SHALL BE REPAIRED OR REMEDIED BY THE CONTRACTOR AT THE CONTRACTOR'S SOLE EXPENSE. 4.2.IF WATER IS TO BE DISPOSED OF OFFSITE, THE CONTRACTOR WILL BE REQUIRED TO LOCATE AND ACQUIRE THE DISPOSAL SITE, OBTAIN ALL PERMITS, AND DISPOSE OF IT IN ACCORDANCE WITH LOCAL, STATE, AND FEDERAL REGULATIONS. WASTEWATER (SANITARY SEWER) UTILITY NOTES 1.GENERAL 1.1.THE WASTEWATER UTILITY MUST BE DESIGNED AND CONSTRUCTED IN ACCORDANCE WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ) RULES, THE TEXAS ADMINISTRATIVE CODE (TAC) CHAPTER 213.5(c) AND 217.51-217.70, 30 TAC CHAPTER 217, SUBCHAPTER D, AND THE DRAWINGS, DETAILS, AND SPECIFICATIONS FOR THIS PROJECT. 1.2.ALL CONTRACTORS PERFORMING ANY UTILITY WORK MUST BE PROVIDED WITH COPIES OF THE WASTEWATER UTILITY DRAWING(S). 1.3.NOTICE: IF ANY PORTION OF THE PROPOSED SEWAGE COLLECTION SYSTEM IS TO BE PRIVATE, THEN THAT PORTION SHALL BE CONSTRUCTED UNDER THE SUPERVISION OF A LICENSED PLUMBER AND HAVE ALL THE REQUIRED PERMITS. 1.4.CONSTRUCTION OF THE PROPOSED SYSTEM SHALL BEGIN AT THE TIE-IN POINT TO AN EXISTING SYSTEM, UNLESS OTHERWISE APPROVED BY THE OWNERS REPRESENTATIVE. 1.5.ALL WORK SHALL BE VERIFIED BY THE CONTRACTOR AND PASS ALL TESTING REQUIREMENTS PRIOR TO PLACEMENT OF ANY SURFACE IMPROVEMENTS. 2.PIPE 2.1.ALL MATERIALS AND CONSTRUCTION MUST BE IN ACCORDANCE WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ), THE TEXAS ADMINISTRATIVE CODE (TAC) §217(c), AND THE DRAWINGS, DETAILS, AND SPECIFICATIONS FOR THIS PROJECT. 2.2.ALL SEWER PIPES AND JOINTS MUST MEET THE REQUIREMENTS IN 30 TAC §§217.53(C). 2.3.GRAVITY SEWAGE LINES SHALL BE PVC, MUST HAVE AN SDR OF 26 OR LESS, AND MUST MEET THE ASTM SPECIFICATIONS FOR BOTH PIPES AND JOINTS (NUMBERS: D3034, D1784, D2412, D3212, F477) FOR A PRESSURE RATING OF AT LEAST 150 POUNDS PER SQUARE INCH (PSI). 2.4.SEWAGE LINES SHALL BE INSTALLED AT THE GRADES AND SLOPES INDICATED ON THE DRAWINGS AND NOT LESS THAN THE MINIMUM SLOPES NOR GREATER THAN THE MAXIMUM SLOPES ESTABLISHED BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ).* 2.4.1. 6" LINE - MINIMUM SLOPE IS 0.50%; MAXIMUM SLOPE IS 12.35% 2.4.2. 8" LINE - MINIMUM SLOPE IS 0.33%; MAXIMUM SLOPE IS 8.40% 2.4.3.10" LINE - MINIMUM SLOPE IS 0.25%; MAXIMUM SLOPE IS 6.23% 2.4.4.12" LINE - MINIMUM SLOPE IS 0.20%; MAXIMUM SLOPE IS 4.88% 2.5.SEWAGE LINES LOCATED WITHIN OR CROSSING THE 5-YEAR FLOODPLAIN OF A DRAINAGE WAY SHALL BE PROTECTED FROM INUNDATION AND STREAM VELOCITIES WHICH COULD CAUSE EROSION AND SCOURING OF BACKFILL. 2.5.1.THE TRENCH MUST BE CAPPED WITH CONCRETE TO PREVENT SCOURING OF BACKFILL OR THE SEWER LINES MUST BE ENCASED IN CONCRETE. 2.5.2.ALL CONCRETE SHALL HAVE A MINIMUM THICKNESS OF SIX (6) INCHES. 2.6.SEPARATION AND CLEARANCES 2.6.1.GENERAL UTILITIES 2.6.1.A.PARALLEL - VERTICAL SEPARATION SHALL BE A MINIMUM OF TWO-FEET (2') BETWEEN OUTSIDE DIAMETERS AND HORIZONTAL SEPARATION SHALL BE A MINIMUM OF FOUR-FEET (4') BETWEEN OUTSIDE DIAMETERS, UNLESS OTHERWISE INDICATED. 2.6.1.B.CROSSING - VERTICAL SEPARATION SHALL BE A MINIMUM OF SIX-INCHES (6") BETWEEN OUTSIDE DIAMETERS AND HAVE CEMENT STABILIZED SAND PLACED BETWEEN AND TWO-FEET (2') BEYOND UTILITY. 2.6.2.WATER UTILITIES 2.6.2.A.WHERE WATERLINES AND NEW SEWAGE LINES ARE INSTALLED WITH A SEPARATION DISTANCE CLOSER THAN NINE-FEET (9') (I.E., WATERLINES CROSSING SEWAGE LINES, WATERLINES PARALLELING SEWAGE LINES, OR WATERLINES NEXT TO SEWAGE MANHOLES), THE INSTALLATION MUST MEET THE REQUIREMENTS OF 30 TAC §217.53(D) (PIPE DESIGN) AND 30 TAC §290.44(E) (WATER DISTRIBUTION). 2.6.2.B.PARALLEL - VERTICAL SEPARATION SHALL BE A MINIMUM OF TWO-FEET (2') BETWEEN OUTSIDE DIAMETERS AND HORIZONTAL SEPARATION SHALL BE A MINIMUM OF FOUR-FEET (4') BETWEEN OUTSIDE DIAMETERS, WITH IN ALL CASES, THE SEWAGE LINE SHALL BE BELOW THE UTILITY. 2.6.2.C.CROSSING - VERTICAL SEPARATION SHALL BE A MINIMUM OF ONE-FOOT (1') BETWEEN OUTSIDE DIAMETERS AND HAVE CEMENT STABILIZED SAND PLACED BETWEEN AND FIVE-FEET (5') BEYOND UTILITY. THE SEWAGE LINE MUST BE BELOW THE WATER UTILITY. 2.6.3.NEW SEWAGE COLLECTION SYSTEM LINES MUST BE CONSTRUCTED WITH STUB-OUTS FOR THE CONNECTION OF ANTICIPATED EXTENSIONS. 2.6.3.A.THE LOCATION OF SUCH STUB-OUTS MUST BE MARKED ON THE GROUND SUCH THAT THEIR LOCATION CAN BE EASILY DETERMINED AT THE TIME OF CONNECTION OF THE EXTENSIONS. SUCH STUB-OUTS MUST BE MANUFACTURED WYES OR TEES THAT ARE COMPATIBLE IN SIZE AND MATERIAL WITH BOTH THE SEWAGE LINE AND THE EXTENSION. 2.6.3.B.AT THE TIME OF ORIGINAL CONSTRUCTION, NEW STUB-OUTS MUST BE CONSTRUCTED SUFFICIENTLY TO EXTEND BEYOND THE END OF THE STREET PAVEMENT. 2.6.3.C.ALL STUB-OUTS MUST BE SEALED WITH A MANUFACTURED CAP TO PREVENT LEAKAGE. EXTENSIONS THAT WERE NOT ANTICIPATED AT THE TIME OF ORIGINAL CONSTRUCTION OR THAT ARE TO BE CONNECTED TO AN EXISTING SEWER LINE NOT FURNISHED WITH STUB-OUTS MUST BE CONNECTED USING A MANUFACTURED SADDLE AND IN ACCORDANCE WITH ACCEPTED PLUMBING INDUSTRY TECHNIQUES. 2.6.3.D.THE PRIVATE SERVICE LATERAL STUB-OUTS MUST BE INSTALLED AS SHOWN ON THE DRAWING(S) AND MARKED AFTER BACKFILLING AS SHOWN IN THE SEWAGE DETAILS WITHIN THESE DRAWINGS. 2.6.4.IF A STUB OR CLEAN-OUT IS USED AT THE END OF THE PROPOSED SEWER LINE, NO PRIVATE SERVICE ATTACHMENTS MAY BE CONNECTED BETWEEN THE LAST MANHOLE AND THE CLEANOUT UNLESS IT CAN BE CERTIFIED AS CONFORMING WITH THE PROVISIONS OF 30 TAC §213.5(C)(3)(E). 3.MANHOLES 3.1.ALL MATERIALS AND CONSTRUCTION MUST BE IN ACCORDANCE WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ), THE TEXAS ADMINISTRATIVE CODE (TAC) §217(c), AND THE DRAWINGS, DETAILS, AND SPECIFICATIONS FOR THIS PROJECT.* 3.1.1.ALL MANHOLES CONSTRUCTED OR REHABILITATED ON THIS PROJECT MUST HAVE WATERTIGHT SIZE ON SIZE RESILIENT CONNECTORS ALLOWING FOR DIFFERENTIAL SETTLEMENT. 3.2.THE DIAMETER OF THE MANHOLES MUST BE A MINIMUM OF FOUR-FEET (4') FOR DEPTHS OF 0' TO 13' AND BE A MINIMUM DIAMETER OF FIVE FEET (5') FOR DEPTHS OF 13'+. 3.2.1.THE MANWAY MUST HAVE A MINIMUM CLEAR OPENING DIAMETER OF THIRTY-INCHES (30") (30 TAC §217.55). 3.2.2.THESE DIMENSIONS AND OTHER DETAILS SHOWING COMPLIANCE WITH THE COMMISSION'S RULES CONCERNING MANHOLES AND SEWER LINE/MANHOLE INVERTS DESCRIBED IN 30 TAC §217.55 ARE INCLUDED IN THE SEWAGE DETAILS WITHIN THESE DRAWINGS. 3.3.ALL MANHOLES WITH SEWAGE LINES ENTERING GREATER THAN THIRTY-INCHES (30") ABOVE THE MANHOLE FLOW LINE WILL BE REQUIRED TO HAVE DROP CONNECTIONS INSTALLED ON THE HIGHER INCOMING LINE. 3.4.IF MANHOLES ARE CONSTRUCTED WITHIN THE 100-YEAR FLOODPLAIN, THE COVER MUST HAVE A GASKET AND BE BOLTED TO THE RING. 3.4.1.WHERE GASKETED MANHOLE COVERS ARE REQUIRED FOR MORE THAN THREE MANHOLES IN SEQUENCE OR FOR MORE THAN 1,500 FEET, ALTERNATE MEANS OF VENTING WILL BE PROVIDED. 3.5.BRICKS ARE NOT AN ACCEPTABLE CONSTRUCTION MATERIAL FOR ANY PORTION OF THE MANHOLE. 3.6.ALL MANHOLE FLOW LINE AND RIM ELEVATIONS SHOWN ON THE DRAWINGS ARE APPROXIMATE WITH THE FINAL ELEVATIONS BEING FIELD VERIFIED BY THE CONTRACTOR. 3.6.1.RIM ELEVATIONS CAN HAVE MINOR ADJUSTMENTS(±1') MADE AND INDICATED ON THE AS-BUILTS. 4.SERVICE LATERALS 4.1.PUBLIC SERVICE CONNECTIONS (FROM MAIN SEWAGE LINE TO PROPERTY LINE CLEANOUT) 4.1.1.ALL MATERIALS AND CONSTRUCTION MUST BE IN ACCORDANCE WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ), THE TEXAS ADMINISTRATIVE CODE (TAC) §217(c), AND THE DRAWINGS, DETAILS, AND SPECIFICATIONS FOR THIS PROJECT.* 4.1.2.CONNECTIONS ARE TO BE STAGGERED AT A MINIMUM OF FOUR-FEET (4') AND BE AT LEAST TWO-FEET (2') AWAY FROM JOINTS. 4.1.3.ALL CONNECTIONS SHALL BE SIX-INCH (6") PVC. 4.1.4.SHALL HAVE A THIRTY-SIX INCH (36") MINIMUM TO SIXTY-INCH (60") MAXIMUM COVER AT THE PROPERTY LINE WITH ANY ADJUSTMENTS TO STAY BELOW WATER UTILITIES BEING THE RESPONSIBILITY OF THE CONTRACTOR. 4.2.PRIVATE SERVICE CONNECTIONS (FROM PROPERTY LINE CLEANOUT TO RESIDENCE / COMMERCIAL / INDUSTRIAL TIE-IN) 4.2.1.ALL MATERIALS AND CONSTRUCTION MUST BE IN ACCORDANCE WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ), THE TEXAS ADMINISTRATIVE CODE (TAC) §217(c), LOCAL BUILDING CODE, AND THE DRAWINGS, DETAILS, AND SPECIFICATIONS FOR THIS PROJECT.* 4.2.2.ALL PRIVATE SERVICE LATERALS MUST BE INSPECTED AND CERTIFIED IN ACCORDANCE WITH 30 TAC §213.5(C)(3)(I). 4.2.3.AFTER INSTALLATION OF AND PRIOR TO COVERING AND CONNECTING A PRIVATE SERVICE LATERAL TO AN EXISTING ORGANIZED SEWAGE COLLECTION SYSTEM, A TEXAS LICENSED PROFESSIONAL ENGINEER, A TEXAS REGISTERED SANITARIAN, OR AN APPROPRIATE CITY INSPECTOR MUST VISUALLY INSPECT THE PRIVATE SERVICE LATERAL AND THE CONNECTION TO THE SEWAGE COLLECTION SYSTEM AND CERTIFY THAT THEY ARE CONSTRUCTED IN CONFORMITY WITH THE APPLICABLE PROVISIONS OF THIS SECTION. 4.2.4.THE OWNER OF THE COLLECTION SYSTEM MUST MAINTAIN SUCH CERTIFICATIONS FOR FIVE (5) YEARS AND FORWARD COPIES TO THE APPROPRIATE TCEQ REGIONAL OFFICE UPON REQUEST. 4.3.CONNECTIONS MAY ONLY BE MADE TO AN APPROVED SEWAGE COLLECTION SYSTEM. STORM WATER UTILITY NOTES 1.ALL STORM SEWER SHALL BE AS INDICATED ON THE DRAWINGS AND SHALL BE INSTALLED, BEDDED, AND BACK FILLED IN ACCORDANCE WITH THE STANDARDS, DETAILS, INDUSTRY STANDARDS, AND MANUFACTURERS RECOMMENDATIONS. 2.ALL TRENCH BACKFILL SHALL BE PLACED IN 6” LIFTS AND MECHANICALLY COMPACTED TO A DENSITY OF NOT LESS THAN 95% OF THE MAXIMUM DRY DENSITY AS DETERMINED BY THE STANDARD PROCTOR COMPACTION TEST (ASTM D-698/AASHTO T99). 3.ALL REINFORCED CONCRETE PIPE (RCP) JOINTS SHALL BE WRAPPED WITH GEOTEXTILE. 4.ALL PROPOSED PIPE STUB-OUTS FROM MANHOLES AND INLET LEADS ARE TO BE PLUGGED WITH 8” BRICK WALLS UNLESS OTHERWISE INDICATED ON THE DRAWINGS OR INDICATED BY THE OWNER'S REPRESENTATIVE. 5.THE CONTRACTOR SHALL PROVIDE A MINIMUM OF 12” CLEARANCE AT STORM SEWER AND WATERLINE CROSSINGS. 6.THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROTECTING, MAINTAINING, AND RESTORING ANY BACK SLOPE DRAINAGE SYSTEM THAT HAS BECOME DISTURBED AS A RESULT OF THIS WORK. 7.ALL DITCHES SHALL BE GRADED TO THE PROPOSED ELEVATIONS TO ENSURE PROPER DRAINAGE. 8.ALL OUTFALLS SHALL BE PROPERLY BACKFILLED AND COMPACTED. 9.ALL DRIVEWAYS SHALL BE LOCATED TO AVOID EXISTING CURB INLET STRUCTURES. EXISTING PAVEMENT REMOVAL AND REPAIR 1.ASPHALT PAVEMENT 1.1.PAVEMENT SHALL BE SAW-CUT FULL DEPTH WHERE EXISTING PAVEMENT IS BEING PARTIALLY REMOVED. 1.2.AT A MINIMUM, PAVEMENT REPAIR SHALL CONSIST OF TWO-INCH (2") HOT MIX ASPHALTIC CEMENT (HMAC) AND TWELVE-INCH (12") COMPACTED FLEXIBLE BASE IN ACCORDANCE WITH THE SPECIFICATIONS. 1.2.1.BASE SHALL BE COMPACTED TO A MINIMUM OF NINETY-EIGHT PERCENT (98%) MODIFIED PROCTOR IN ACCORDANCE WITH ASTM D1557 AT MOISTURE CONTENT -1% TO +3% OF OPTIMUM. 1.2.2.IF THE EXISTING PAVEMENT SECTION IS FOUND TO BE THICKER, THE PAVEMENT REPAIR SECTION SHALL BE INCREASED TO MATCH THE EXISTING SECTION. 2.CONCRETE PAVEMENT 2.1.PAVEMENT SHALL BE SAW-CUT FULL DEPTH WHERE EXISTING PAVEMENT IS BEING PARTIALLY REMOVED. 2.2.AT A MINIMUM, PAVEMENT REPAIR SHALL CONSIST OF SIX-INCH (6") REINFORCED WITH #4 BARS ON TWELVE-INCH (12") ON-CENTERS WITH DOWELS INTO THE EXISTING PAVEMENT EVERY TWENTY-FOUR INCHES (24") OR EVENLY SPACED AND EIGHT-INCH (8") COMPACTED FLEXIBLE BASE IN ACCORDANCE WITH THE SPECIFICATIONS. 2.2.1.BASE SHALL BE COMPACTED TO A MINIMUM OF NINETY-EIGHT PERCENT (98%) MODIFIED PROCTOR IN ACCORDANCE WITH ASTM D1557 AT MOISTURE CONTENT -1% TO +3% OF OPTIMUM. 2.2.2.IF THE EXISTING PAVEMENT SECTION IS FOUND TO BE THICKER, THE PAVEMENT REPAIR SECTION SHALL BE INCREASED TO MATCH THE EXISTING SECTION. FINAL CLEAN-UP AND SITE PREPARATION 1.THE CONTRACTOR WILL BE REQUIRED TO REMOVE EXCESS MATERIALS AND CONSTRUCTION DEBRIS FROM THE PROJECT SITE, CLEAN ALL ROADS AND SIDEWALKS, CLEAR THE STORM SEWER OF SILT AND DEBRIS, CLEAR THE SANITARY SEWER OF DEBRIS, BRING ALL MANHOLES, VALVE BOX COVERS, FIRE HYDRANTS TO PROPER GRADE, AND CLEAR THE SITE OF ALL EQUIPMENT TO THE SATISFACTION OF THE OWNER'S REPRESENTATIVE. 2.MATERIALS LARGER THAN FOUR-INCHES (4") IN SIZE WITHIN THE CONSTRUCTION LIMITS AND NOT INCORPORATED INTO THE PROJECT SHALL BE REMOVED BY THE CONTRACTOR FROM THE PROJECT AND DISPOSED OF IN ACCORDANCE WITH LOCAL, STATE, AND FEDERAL REGULATIONS, UNLESS OTHERWISE DIRECTED BY THE OWNER OR OWNER'S REPRESENTATIVE. 3.EROSION AND POLLUTION CONTROL DEVICES SUCH AS, BUT NOT LIMITED TO, REINFORCED SILT FENCE, INLET PROTECTION, HAY BALES, AND OTHER DEVICES AS DIRECTED BY THE OWNER'S REPRESENTATIVE SHALL BE VERIFIED AND REMEDIED TO MEET THE REQUIREMENTS OF THE DEVICE AND OWNER'S REPRESENTATIVE. 3.1.THE CONSTRUCTION ENTRANCE SHALL BE REMOVED IN ITS ENTIRETY UNLESS OTHERWISE STATED BY THE ENGINEER. 3.2.ADDITIONAL EROSION AND POLLUTION CONTROL DEVICES MAY BE REQUIRED TO HAVE THE PROJECT SITE IN COMPLIANCE WITH LOCAL, STATE, AND FEDERAL REGULATIONS. 4.THE CONTRACTOR SHALL GRADE AND STABILIZE THE SITE TO PREPARE THE SITE FOR THE INTENDED USE TO THE SATISFACTION OF THE OWNER'S REPRESENTATIVE. PROJECT COMPLETION AND AS-BUILT DRAWINGS 1.THE CONTRACTOR WILL BE RESPONSIBLE FOR MAINTAINING TWO (2) SETS OF "AS-BUILT" DRAWINGS SHOWING ILLUSTRATIONS AND/OR NOTES OF ALL FIELD CHANGES AND MODIFICATIONS TO THE DRAWINGS AS ISSUED FOR THE PROJECT. 1.1.AS-BUILT DRAWINGS SHALL BE SIGNED BY ALL CONTRACTOR DESIGNEE(S) AND INSPECTOR(S). 2.AT PROJECT COMPLETION, ALL SETS OF "AS-BUILT" DRAWINGS, COPIES OF ALL TESTING REPORTS, ALL APPROVALS AND /OR DISAPPROVALS FROM LOCAL AND STATE ENTITIES, FOUR (4) HARD COPIES AND ONE (1) DIGITAL COPY OF OPERATIONAL AND MAINTENANCE MANUALS, FOUR (4) COPIES OF WARRANTY INFORMATION, AND TWO (2) COPIES OF AFFIDAVITS OF BILLS PAID FROM EACH SUPPLIER MUST BE SUBMITTED TO THE OWNER'S REPRESENTATIVE PRIOR TO PROJECT FINAL ACCEPTANCE AND FINAL RELEASE OF ANY PAYMENTS. EM P I R E S U B D I V I S I O N OF F - S I T E W A S T E W A T E R I M P R O V E M E N T S JOB NO. CI V I L S T R U C T U R A L M A R I N E TO P O G R A P H I C S U R V E Y I N G TB P E F I R M N o . F - 1 2 2 4 0 C030 DR A W N B Y : CH K B Y : AP P B Y : SC A L E : DA T E : R E V I S I O N S DA T E AP P R BY DE S C R I P T I O N NO . MU N O Z E N G I N E E R I N G , L L C © 2 0 2 0 ( M: \ P r o j e c t s \ L - M o s t a g h a s i I n v e s t m e n t \ E m p i r e \ 0 4 - C I V I L \ 0 1 - D W G \ 0 3 - W W P L A N \ C 0 1 0 1 - N O T E S , C 0 2 0 1 T E S T I N G , C 0 3 0 1 L E G E N D . d w g ) PH O N E : 3 6 1 - 9 4 6 - 4 8 4 8 16 0 8 S . B R O W N L E E B O U L E V A R D CO R P U S C H R I S T I , T E X A S 7 8 4 0 4 AS N O T E D AP R I L 2 0 2 0 RR TT RM I I I 190026-B 04/07/2020 GE N E R A L N O T E S ( 3 O F 3 ) 811 OR 1-800-344-8377 OR www.texas811.org GIVE 4 WORKING DAYS (M-F) NOTICE ABOVE IMAGE IS FROM www.texas811.org, TEXAS EXCAVATION SAFETY SYSTEM, INC., 11880 GREENVILLE AVENUE, SUITE 120, DALLAS, TEXAS 75243-3568 PH: (972) 231-5497 NOTICE ·THE GENERAL CONTRACTOR AND ALL SUBCONTRACTOR(S) WHICH WILL BE PERFORMING ANY WORK INDICATED WITHIN THESE DRAWINGS WILL BE SOLELY RESPONSIBLE FOR CONTACTING TEXAS 811, LONE STAR 811, AND OTHER UTILITY LOCATING COMPANIES AS WELL AS ALL LOCAL UTILITIES (WASTEWATER, STORM, WATER, GAS, TRAFFIC, ETC.) BY ALL MEANS POSSIBLE FOR THE LOCATING AND MARKING OF UNDERGROUND AND ABOVE GROUND UTILITIES PRIOR TO COMMENCING ANY CONSTRUCTION. ·DAMAGES TO UTILITIES WILL BE THE SOLE RESPONSIBILITY AND EXPENSE OF THE GENERAL CONTRACTOR TO PROVIDE A REMEDY TO THE DAMAGE WITH THE UTILITY OWNER. 1-800-669-8344 OR www.lonestar811.com GIVE 4 WORKING DAYS (M-F) NOTICE ABOVE IMAGE IS FROM www.lonestar811.com, LONE STAR 811, 363 N. BELT E., SUITE 1100, HOUSTON, TEXAS 77060 PH: (713) 432-0365 NOTICE: THIS PAGE DOES NOT CONTAIN ALL PROJECT NOTES OR PROJECT REQUIREMENTS. THIS PAGE MAY CONTAIN NOTES THAT ARE NOT PERTINENT TO THE PROJECT BUT ARE INCLUDED FOR REFERENCE. IT WILL BE THE RESPONSIBILITY OF ALL CONTRACTORS WORKING ON THIS PROJECT TO BE KNOWLEDGEABLE WITH ALL PROJECT CONTRACT DOCUMENTS, WHICH INCLUDES BUT NOT LIMITED TO THE PROJECT GENERAL REQUIREMENTS, SPECIFICATIONS, AND DRAWINGS. ANY AND ALL COSTS RELATED TO THE CONTRACTOR FAILURE OF BEING KNOWLEDGEABLE WITH THE CONTRACT DOCUMENTS WILL BE AT THE SOLE EXPENSE OF THE CONTRACTOR. UTILITY BACKFILL TESTING REQUIREMENTS 1.GENERAL 1.1.SHALL BE FOR ALL PUBLIC AND PRIVATE WASTEWATER UTILITY, STORM SEWER UTILITY, WATER UTILITY, AND ANY OTHER UTILITY THAT IS INSTALLED ON THE PROJECT SITE. 2.REQUIREMENT 2.1.FREQUENCY OF TESTS SHALL NOT BE LESS THAN ONE (1) FOR ANY PIPE SECTION BETWEEN MAIN LINE VALVES AND EVERY ONE-HUNDRED LINEAR FEET (100') OF MAIN PIPE PER TWO-FEET (2') VERTICAL OF BACKFILL MATERIAL TO TOP OF FINAL BACKFILL, NOT INCLUDING TOPSOIL BACKFILL MATERIAL, STARTING AT TWO-FEET (2') ABOVE TOP OF PIPE, IN ACCORDANCE WITH ASTM D2922. 2.2.IF COMPACTION OF THE FILL MATERIAL DOES NOT MEET OR EXCEED THE REQUIREMENTS, THAT PORTION OF FILL MATERIAL IS TO BE FURTHER COMPACTED AND RETESTED AT THE SOLE EXPENSE OF THE CONTRACTOR. WASTEWATER UTILITY TESTING REQUIREMENTS 1.GENERAL 1.1.TESTING SHALL BE DONE BY THE CONTRACTOR AND WITNESSED BY THE OWNER REPRESENTATIVE. 1.2.THE CONTRACTOR MAY WISH TO CHECK PIPE IMMEDIATELY AFTER BACKFILLING FOR JOB CONTROL. 1.3.HOWEVER, THIS SHALL NOT QUALIFY AS ACCEPTANCE TESTING. 1.4.NO PIPE CAN BE TESTED FOR FORMAL ACCEPTANCE UNTIL IT HAS BEEN IN PLACE, COMPLETE WITH BACKFILL FOR AT LEAST THIRTY (30) DAYS. 1.5.RETESTING 1.5.1.ANY DEFECTIVE WORK OR MATERIALS SHALL BE CORRECTED OR REPLACED BY THE CONTRACTOR AT THE CONTRACTORS SOLE EXPENSE, AND RETESTED. 1.6.THIS SHALL BE REPEATED UNTIL ALL WORK AND MATERIALS ARE ACCEPTABLE. 1.7.TESTING SHALL BE COMPLETED AND ALL WORK SHALL PASS THE REQUIRED TESTING PRIOR TO PLACEMENT OF PAVEMENT. 1.7.1.CONTRACTOR MAY PROCEED WITH PLACEMENT OF PAVEMENT AND WILL INCUR ALL COSTS ASSOCIATED WITH THE REMOVAL AND REPLACEMENT OF PAVEMENT IF UTILITY FAILS TESTING AND NEEDS TO BE REPLACED. 2.PIPE 2.1.LOW PRESSURE AIR TEST 2.1.1.GENERAL 2.1.1.A.REQUIRED FOR ALL PIPE 2.1.1.B.EQUIPMENT FOR TEST SHALL BE FURNISHED AND INSTALLED BY THE CONTRACTOR. 2.1.1.C.THE CONTRACTOR SHALL TEST THE ENTIRE SANITARY SEWERAGE PIPING SYSTEM FOR LEAKS. 2.1.1.D.THIS WORK SHALL BE WITNESSED BY THE OWNER REPRESENTATIVE OR A REPRESENTATIVE DESIGNATED BY THE OWNER REPRESENTATIVE. 2.1.2.TESTING 2.1.1.A.SHALL BE TESTED IN ACCORDANCE WITH UNI-BELL PLASTIC PIPE ASSOCIATION "RECOMMENDED PRACTICE FOR LOW PRESSURE AIR TEST OF INSTALLED SEWER PIPE" UNI-B-6, AND TEXAS ADMINISTRATION CODE. 2.1.1.B.THE TEST SECTION SHALL BE PLUGGED AND SUBJECTED TO A TEST PRESSURE NOT IN EXCESS OF FIVE (5) PSI. 2.1.1.C.THE TIME REQUIRED FOR A ONE (1) PSI PRESSURE DROP SHALL BE MEASURED AND BE A MINIMUM OF THE VALUE OBTAINED IN EQUATION A AND/OR SHOWN IN TABLE 1. EQUATION A: T = 0.0237D2L WHERE:T = MINIMUM ALLOWABLE TIME (SECONDS) FOR A PRESSURE DROP OF ONE (1) PSI GAGE PRESSURE D = NOMINAL PIPE DIAMETER (INCHES) L = LENGTH OF PIPE RUN (FEET) MINIMUM TESTING TIMES FOR LOW PRESSURE AIR TEST PIPE DIAMETER MINIMUM TIME MAXIMUM LENGTH ADDITIONAL TIME PER FOOT INCH (SECONDS)FOR MINIMUM TIME (SECONDS PER FOOT) 4 226 597 0.380 6 340 398 0.853 8 452 298 1.517 10 567 239 2.370 12 680 199 3.413 2.2.DEFLECTION TESTING 2.2.1.GENERAL 2.2.1.A.REQUIRED FOR ALL PVC PIPE, EXCEPT FOR PIPE THAT IS A SERVICE LINE. 2.2.1.B.ALL PIPE SHALL BE TESTED FOR DEFLECTION NO LESS THAN THIRTY (30) DAYS AFTER PLACEMENT OF BACKFILL. 2.2.1.C.ALL DEFLECTION TESTING IS TO BE COMPLETED BY MEANS OF PULLING A MANDREL THROUGH THE PIPE. 2.2.2.EQUIPMENT FOR DEFLECTION TESTING 2.2.2.A.ALL EQUIPMENT IS TO BE PROVIDED BY THE CONTRACTOR. 2.2.2.B.MANDRELS 2.2.2.B.A.MANDREL SIZE 2.2.2.B.A.A.SHALL HAVE AN OUTSIDE DIAMETER (OD) OF NOT LESS THAN NINETY-FIVE PERCENT (95%) OF THE BASE INSIDE DIAMETER (ID) OR AVERAGE INSIDE DIAMETER (ID) OF THE PIPE AS SPECIFIED IN THE APPROPRIATE STANDARD BY THE ASTM, AMERICAN WATER WORKS ASSOCIATION, UNI-BELL, OR AMERICAN NATIONAL STANDARDS INSTITUTE. 2.2.2.B.B.MANDREL DESIGN 2.2.2.B.B.A.MANDRELS SHALL BE OF MACHINED RIGID CORROSION RESISTANT PIPE THAT CAN WITHSTAND 200 PSI WITHOUT BEING DEFORMED AND SHALL BE IN ACCORDANCE WITH TEXAS ADMINISTRATIVE CODE. 2.2.2.B.B.B.WITH A LENGTH NOT LESS THAN ONE AND ONE-HALF (1-1/2) DIAMETERS. 2.2.2.B.B.C.ADJUSTABLE OR FLEXIBLE MANDRELS ARE PROHIBITED. 2.2.2.B.B.D.MANDRELS WILL BE SIZED FOR SDR 26 PVC PIPE AT FIVE-PERCENT (5%) DEFLECTION. 2.2.3.PROCEDURE 2.2.3.A.SHALL BE IN ACCORDANCE WITH TEXAS ADMINISTRATIVE CODE. 2.2.3.B.THE TEST SHALL BE WITNESSED BY THE INSPECTOR AND THE OWNER REPRESENTATIVE. 2.2.3.C.THE MANDREL SHALL NOT BE PULLED BY ANY MECHANICAL PULLING DEVICES. 2.2.3.D.IF A SECTION OF PIPE FAILS THEN THAT PORTION SHALL BE CORRECTED AND A SECOND TEST OF THAT PORTION SHALL BE COMPLETED NO LESS THAN THIRTY (30) DAYS AFTER PLACEMENT OF BACKFILL. 2.3.TELEVISED INSPECTION 2.3.1.ALL NEW AND REHABILITATED PIPING, MANHOLES, AND APPURTENANCES ARE TO BE TELEVISED WITH A CLOSED CIRCUIT TELEVISION CAMERA THAT IS PULLED THROUGH EACH COMPLETED LINE SEGMENT. 2.3.2.CAMERA CAN BE PULLED IN EITHER DIRECTION AT A SPEED NOT GREATER THAN THIRTY-FEET (30') PER MINUTE, STOPPING AS NECESSARY TO PERMIT PROPER DOCUMENTATION OF THE WASTEWATER LINE’S CONDITION. 2.3.3.LIGHTING FOR THE CAMERA SHALL BE SUITABLE TO ALLOW A CLEAR PICTURE OF THE ENTIRE PERIPHERY OF THE PIPE. 2.3.4.A CAMERA WITH PAN AND TILT CAPABILITY WILL BE REQUIRED. 2.3.5.THE CAMERA, TELEVISION MONITOR, AND OTHER COMPONENTS OF THE VIDEO SYSTEMS SHALL BE CAPABLE OF PRODUCING PICTURE QUALITY TO THE SATISFACTION OF THE OWNER'S REPRESENTATIVE AND UTILITY INSPECTOR. 2.3.6.THE CONTRACTOR SHALL PROVIDE TO THE OWNER'S REPRESENTATIVE THREE (3) COPIES AND THE UTILITY INSPECTOR THREE (3) COPIES OF THE TELEVISION INSPECTION REPORT ON A FORM THAT IS APPROVED AND CONTAINS THE FOLLOWING INFORMATION: 2.3.6.A.DATE, START TIME, END TIME 2.3.6.B.PROJECT NAME AND NUMBER 2.3.6.C.INSPECTION COMPANY AND OPERATOR NAME 2.3.6.D.ENTRY AND EXIT POINT IDENTIFICATION, DEPTH, AND PIPE SIZE AND TYPE 2.3.6.E.DVD NUMBER 2.3.6.F.STARTING AND END COUNTER NUMBER 2.3.6.G.CAMERA STARTING AND ENDING FOOTAGE (IN FEET) 2.3.6.H.DETAILED OBSERVATION COMMENTS AND THE FOOTAGE FROM THE ENTRY POINT FOR EACH COMMENT 2.3.7.THE CONTRACTOR SHALL PROVIDE TO THE OWNER'S REPRESENTATIVE THREE (3) COPIES AND THE UTILITY INSPECTOR THREE (3) COPIES OF A COLOR RECORDING IN STANDARD PLAY (SP) MODE FOR EACH LINE OR LINE SEGMENT. 2.3.8.THE CAPTURE SYSTEM SHALL HAVE THE CAPABILITY OF RECORDING, DIGITIZING AND STORING SINGLE FRAMES OF VIDEO IMAGES AND “REAL TIME” LIVE VIDEO, AS WELL AS COLLECTING, STORING AND PRINTING WASTEWATER LINE INSPECTION DATA FOR GRAPHIC DISPLAY AND REPORT GENERATION. 2.3.9.THE IMAGING CAPTURE SYSTEM SHALL STORE DIGITIZED PICTURE IMAGES, HAVE THE ABILITY TO EXPORT PICTURE FILES TO INDUSTRY STANDARD FORMATS (JPG, BMP, AND TIF), BE TRANSFERABLE TO DVD AND BE PRINTED AT NO COST TO THE CITY. USE OF PROPRIETARY SOFTWARE IS DISCOURAGED; HOWEVER, IF THE CONTRACTOR PROVIDES THE SOFTWARE AND THREE LICENSES TO THE CITY, PROPRIETARY SOFTWARE COMPATIBLE WITH THE. 3.MANHOLE 3.1.GENERAL 3.1.1.LEAKAGE TESTING SHALL BE PERFORMED ON EACH MANHOLE AND SEPARATE AND INDEPENDENT OF THE COLLECTION SYSTEM PIPES BY ISOLATION. 3.1.2.TESTING SHALL BE DONE BY EITHER A HYDROSTATIC TEST OR A VACUUM TEST, OR AS DIRECTED BY THE UTILITY OWNER OR OWNER'S REPRESENTATIVE. 3.2.HYDROSTATIC TEST 3.2.1.PLUG ALL PIPES ENTERING THE MANHOLE AND FILL THE MANHOLE COMPLETELY WITH WATER. 3.2.2.THE MINIMUM LENGTH OF THE TEST SHALL BE ONE (1) HOUR. 3.2.3.MAXIMUM LEAKAGE SHALL BE CALCULATED TO BE 0.025 GALLONS PER FOOT DIAMETER OF MANHOLE DEPTH PER HOUR. 4.VACUUM TESTING 4.1.PLUG ALL LIFT HOLES AND EXTERIOR JOINTS BY APPROVED METHODS. 4.2.PLUG ALL PIPES ENTERING THE MANHOLE. 4.3.THE TEST HEAD SHALL BE PLACED AT THE TOP OF THE MANHOLE IN ACCORDANCE WITH THE MANUFACTURERS RECOMMENDATIONS. 4.4.A VACUUM OF TEN-INCHES (10-INCHES) OF MERCURY SHALL BE DRAWN ON THE MANHOLE, THE VALVE ON THE VACUUM LINE OF THE TEST HEAD CLOSED, AND THE VACUUM PUMP SHUT OFF. 4.5.THE TIME OF THE TEST WILL START ONCE THE VACUUM PUMP IS SHUT OFF. 4.6.THE MANHOLE SHALL PASS IF THE TIME FOR THE VACUUM READING TO DROP FROM TEN-INCHES (10-INCHES) OF MERCURY TO NINE-INCHES (9-INCHES) OF MERCURY EXCEEDS TWO (2) MINUTES. 4.7.IF THE MANHOLE FAILS THE INITIAL TEST, NECESSARY REPAIRS SHALL BE MADE BY AN APPROVED METHOD AND THEN BE RETESTED UNTIL A SATISFACTORY TEST IS OBTAINED. 5.TESTING AND CERTIFICATION 5.1.TESTING SHALL BE DONE BY THE CONTRACTOR AND WITNESSED BY THE UTILITY OWNER AND OWNERS OR HIS REPRESENTATIVE. 5.2.ALL MANHOLES AND STRUCTURES SHALL BE TESTED AS FINISHED AND COMPLETED FOR FINAL ACCEPTANCE. 5.3.ANY DEFECTIVE WORK OR MATERIALS SHALL BE CORRECTED OR REPLACED BY THE CONTRACTOR AND RETESTED. 5.4.THIS SHALL BE REPEATED UNTIL ALL WORK AND MATERIALS ARE ACCEPTABLE. EM P I R E S U B D I V I S I O N OF F - S I T E W A S T E W A T E R I M P R O V E M E N T S JOB NO. CI V I L S T R U C T U R A L M A R I N E TO P O G R A P H I C S U R V E Y I N G TB P E F I R M N o . F - 1 2 2 4 0 C040 DR A W N B Y : CH K B Y : AP P B Y : SC A L E : DA T E : R E V I S I O N S DA T E AP P R BY DE S C R I P T I O N NO . MU N O Z E N G I N E E R I N G , L L C © 2 0 2 0 ( M: \ P r o j e c t s \ L - M o s t a g h a s i I n v e s t m e n t \ E m p i r e \ 0 4 - C I V I L \ 0 1 - D W G \ 0 3 - W W P L A N \ C 0 1 0 1 - N O T E S , C 0 2 0 1 T E S T I N G , C 0 3 0 1 L E G E N D . d w g ) PH O N E : 3 6 1 - 9 4 6 - 4 8 4 8 16 0 8 S . B R O W N L E E B O U L E V A R D CO R P U S C H R I S T I , T E X A S 7 8 4 0 4 AS N O T E D AP R I L 2 0 2 0 RR TT RM I I I 190026-B 04/07/2020 GE N E R A L L E G E N D & A B B R E V I A T I O N S 811 OR 1-800-344-8377 OR www.texas811.org GIVE 4 WORKING DAYS (M-F) NOTICE ABOVE IMAGE IS FROM www.texas811.org, TEXAS EXCAVATION SAFETY SYSTEM, INC., 11880 GREENVILLE AVENUE, SUITE 120, DALLAS, TEXAS 75243-3568 PH: (972) 231-5497 NOTICE ·THE GENERAL CONTRACTOR AND ALL SUBCONTRACTOR(S) WHICH WILL BE PERFORMING ANY WORK INDICATED WITHIN THESE DRAWINGS WILL BE SOLELY RESPONSIBLE FOR CONTACTING TEXAS 811, LONE STAR 811, AND OTHER UTILITY LOCATING COMPANIES AS WELL AS ALL LOCAL UTILITIES (WASTEWATER, STORM, WATER, GAS, TRAFFIC, ETC.) BY ALL MEANS POSSIBLE FOR THE LOCATING AND MARKING OF UNDERGROUND AND ABOVE GROUND UTILITIES PRIOR TO COMMENCING ANY CONSTRUCTION. ·DAMAGES TO UTILITIES WILL BE THE SOLE RESPONSIBILITY AND EXPENSE OF THE GENERAL CONTRACTOR TO PROVIDE A REMEDY TO THE DAMAGE WITH THE UTILITY OWNER. 1-800-669-8344 OR www.lonestar811.com GIVE 4 WORKING DAYS (M-F) NOTICE ABOVE IMAGE IS FROM www.lonestar811.com, LONE STAR 811, 363 N. BELT E., SUITE 1100, HOUSTON, TEXAS 77060 PH: (713) 432-0365 GENERAL LEGEND FOR SYMBOLS AND LINES WITHIN THE CONSTRUCTION DRAWINGS THE FOLLOWING IS A GENERAL LEGEND OF THE SYMBOLS AND LINES THAT MAY BE FOUND WITHIN THE CIVIL PORTION OF CONSTRUCTION DRAWINGS. THE ACTUAL LINE WEIGHT, SIZE, COLOR, AND ACTUAL INFORMATION ON THE LINE MAY DIFFER FROM SHEET TO SHEET. WHEN LINE TYPE HAS NUMERAL(S) WITHIN THE SEQUENCE IT IS INDICATING THE SIZE OF THE ITEM THAT IS BEING REPRESENTED. IF AT ANY POINT THAT AN SYMBOL AND/OR LINE IS NOT CLEAR FOR WHAT IT REPRESENTS IT WILL BE THE RESPONSIBILITY OF THE GENERAL CONTRACTOR TO REQUEST CLARIFICATION FROM THE OWNER'S REPRESENTATIVE. ALL EXISTING ITEMS ARE APPROXIMATE AND SHALL BE FIELD VERIFIED. A - AREA AC - ACRE AC - ASBESTOS CEMENT ACP - ARCH CONCRETE PIPE ADA - AMERICANS WITH DISABILITIES ACT AE - ACCESS EASEMENT AEP - AMERICAN ELECTRIC POWER At - TOTAL AREA BB - BACK OF CURB TO BACK OF CURB BC - BACK OF CURB BRK - BROKEN BL - BUILDING LINE BM - BENCHMARK BW - BOTH WAYS C - RUNOFF COEFFICIENT CI - CURB INLET CL - CENTERLINE CJ - CONTROL JOINT CO - CLEANOUT CONC - CONCRETE CMP - CORRUGATED METAL PIPE COMM - COMMUNICATION D - DRAINAGE / STORM DBL - DOUBLE DE - DRAINAGE EASEMENT DI - DUCTILE IRON DR - DEED RECORDS DS - DOWN STREAM E - ELECTRICAL ECP - ELLIPTICAL CONCRETE PIPE EE - ELECTRICAL EASEMENT EL - ELEVATION ELEC - ELECTRICAL ELEV - ELEVATION EJ - EXPANSION JOINT EOR - EDGE OF RADIUS EP - EDGE OF PAVEMENT EW - EACH WAY EX - EXISTING EXIST - EXISTING EXP - EXPANSION F - FUTURE FC - FENCE CORNER FD - FOUND FF - FINISHED FLOOR FG - FINISH GRADE FH - FIRE HYDRANT FL - FLOWLINE FM - FORCEMAIN FOC - FIBER OPTIC CABLE FT - FEET G - GAS GB - GRADE BREAK GI - GRATE INLET GT - GUTTER GW - GUY WIRE HDPE - HIGH DENSITY POLYETHYLENE HG - HYDRAULIC GRADE HGL - HYDRAULIC GRADE LINE HP - HIGH POINT HMAC - HOT MIX ASPHALTIC CONCRETE I - INTENSITY IR - IRON ROD LF - LINEAR FEET LOC - LIMITS OF CONSTRUCTION LP - LOW POINT LS - LUMP SUM LT - LEFT MAX - MAXIMUM ME - MATCH EXISTING MH - MANHOLE M.J - MECHANICAL JOINT MIN. - MINIMUM MR - MAP RECORDS NAVD - NORTH AMERICAN VERTICAL DATUM NG - NATURAL GROUND NGVD - NATIONAL GEODETIC VERTICAL DATUM NO. - NUMBER OC - ON CENTER O.C. - ON CENTER OHE - OVERHEAD ELECTRIC PAVE - PAVEMENT PC - POINT OF CURVATURE PE - PRIVATE EASEMENT PG - PAGE PG - PROPOSED GRADE PI - POINT OF INTERSECTION PL - PROPERTY LINE PP - POWER POLE PRO - PROPOSED PROP - PROPOSED PT - POINT OF TANGENCY PVC - POLYVINYL CHLORIDE Q - FLOW Qt - TOTAL FLOW RC - REINFORCED CONCRETE RCP - REINFORCED CONCRETE PIPE REFL - REFLECTIVE ROW - RIGHT-OF-WAY R.O.W. - RIGHT-OF-WAY RT - RIGHT S - SLOPE S - SANITARY / WASTEWATER SAN - SANITARY / WASTEWATER SS - SANITARY / WASTEWATER SD - SOLID SE - SANITARY EASEMENT SF - SQUARE FEET ST - STORM STA - STATION STRM - STORM STM - STORM SW - SIDEWALK SY - SQUARE YARDS T - TELEPHONE TC - TOP OF CURB TDLR - TEXAS DEPARTMENT OF LICENSING AND REGULATION TEL - TELEPHONE TG - TOP OF GRATE TP - TOP OF PAVEMENT TRW - TOP OF RETAINING WALL TS - TOP OF SLOPE TW - TOP OF WALK TxDOT - TEXAS DEPARTMENT OF TRANSPORTATION TY - TYPE TYP - TYPICAL TV - TELEVISION UE - UTILITY EASEMENT US - UP STREAM VG - VALLEY GUTTER VOL - VOLUME W - WATER W - WHITE WE - WATER EASEMENT WHT - WHITE WL - WATER LINE WTR - WATER WV - WATER VALVE Y - YELLOW YLW - YELLOW YR - YARD REQUIREMENT IRON ROD FOUND CALCULATED POINT 60D NAIL REFERENCE POINT CHISELED "X" IN CONCRETE SET 5/8” DIAMETER BY 2 FEET LONG IRON ROD WITH A RED PLASTIC CAP STAMPED “NAISMITH ENG. C.C., TX” BLOCK IDENTIFICATION STORMWATER / DRAINAGE FLOW DIRECTION - EXISTING STORMWATER / DRAINAGE FLOW DIRECTION - PROPOSED CURB INLET PROTECTION BARRIER - CIPB MANHOLE / GRATE INLET PROTECTION BARRIER - MGPB STABILIZED CONSTRUCTION ENTRANCE / EXIT - SCEE GRAVEL SURFACE - EXISTING GRAVEL SURFACE - PROPOSED HMAC SURFACE - EXISTING HMAC SURFACE - PROPOSED CONCRETE SURFACE - EXISTING CONCRETE SURFACE - PROPOSED CURB AND GUTTER - EXISTING CURB AND GUTTER - PROPOSED SIDEWALK / HIKE AND BIKE WAY - EXISTING SIDEWALK / HIKE AND BIKE WAY - PROPOSED ADA CURB RAMP - EXISTING ADA COMPLIANT CURB RAMP - PROPOSED (FIELD VERIFY) TRAFFIC SIGN - EXISTING TRAFFIC SIGN - PROPOSED GAS UTILITY - EXISTING METER GAS UTILITY - PROPOSED METER GAS UTILITY - EXISTING MARKER GAS UTILITY - PROPOSED MARKER ELECTRICAL UTILITY - EXISTING POWER POLE ELECTRICAL UTILITY - PROPOSED POWER POLE ELECTRICAL UTILITY - EXISTING GUY WIRE TERMINATION ELECTRICAL UTILITY - PROPOSED GUY WIRE TERMINATION ELECTRICAL UTILITY - EXISTING TRANSFORMER ELECTRICAL UTILITY - PROPOSED TRANSFORMER ELECTRICAL UTILITY - EXISTING PEDESTAL ELECTRICAL UTILITY - PROPOSED PEDESTAL ELECTRICAL UTILITY - EXISTING LIGHT ELECTRICAL UTILITY - PROPOSED LIGHT ELECTRICAL UTILITY - EXISTING MARKER ELECTRICAL UTILITY - PROPOSED MARKER COMM UTILITY - EXISTING TELEPHONE RISER COMM UTILITY - EXISTING TELEPHONE MARKER COMM UTILITY - EXISTING FIBER OPTIC MARKER COMM UTILITY - PROPOSED FIBER OPTIC MARKER COMM UTILITY - EXISTING TELEVISION RISER COMM UTILITY - EXISTING TELEVISION MARKER OTHER UTILITY - EXISTING UNKNOWN MARKER PIPELINE - EXISTING PIPELINE MARKER PIPELINE - PROPOSED PIPELINE MARKER WASTEWATER UTILITY - EXISTING PIPE WASTEWATER UTILITY - PROPOSED PIPE WASTEWATER UTILITY - FUTURE PIPE WASTEWATER UTILITY - EXISTING FORCEMAIN WASTEWATER UTILITY - PROPOSED FORCEMAIN WASTEWATER UTILITY - EXISTING SERVICE CONNECTION WASTEWATER UTILITY - PROPOSED SERVICE CONNECTION STORM WATER UTILITY - EXISTING GENERAL PIPE STORM WATER UTILITY - PROPOSED GENERAL PIPE STORM WATER UTILITY - FUTURE GENERAL PIPE STORM WATER UTILITY - EXISTING CONCRETE BOX STORM WATER UTILITY - PROPOSED CONCRETE BOX STORM WATER UTILITY - EXISTING CONCRETE BOX SIZE STORM WATER UTILITY - PROPOSED CONCRETE BOX SIZE STORM WATER UTILITY - EXISTING CMP PIPE STORM WATER UTILITY - PROPOSED CMP PIPE STORM WATER UTILITY - EXISTING HDPE PIPE STORM WATER UTILITY - PROPOSED HDPE PIPE STORM WATER UTILITY - EXISTING HP PIPE STORM WATER UTILITY - PROPOSED HP PIPE STORM WATER UTILITY - EXISTING PVC PIPE STORM WATER UTILITY - PROPOSED PVC PIPE STORM WATER UTILITY - EXISTING RCP PIPE STORM WATER UTILITY - PROPOSED RCP PIPE STORM WATER UTILITY - EXISTING DITCH CENTERLINE STORM WATER UTILITY - PROPOSED DITCH CENTERLINE WATER UTILITY - EXISTING GENERAL PIPE WATER UTILITY - PROPOSED GENERAL PIPE WATER UTILITY - FUTURE GENERAL PIPE WATER UTILITY - EXISTING ASBESTOS COATED PIPE WATER UTILITY - EXISTING PVC PIPE WATER UTILITY - PROPOSED PVC PIPE WATER UTILITY - EXISTING SERVICE CONNECTION WATER UTILITY - PROPOSED SERVICE CONNECTION WATER UTILITY - EXISTING REUSE WATER UTILITY - PROPOSED REUSE WATER UTILITY - FUTURE REUSE GAS UTILITY - EXISTING GAS GAS UTILITY - PROPOSED GAS ELECTRICAL UTILITY - EXISTING GENERAL LINE ELECTRICAL UTILITY - PROPOSED GENERAL LINE ELECTRICAL UTILITY - FUTURE GENERAL LINE ELECTRICAL UTILITY - EXISTING OVERHEAD LINE ELECTRICAL UTILITY - PROPOSED OVERHEAD LINE ELECTRICAL UTILITY - EXISTING UNDERGROUND LINE ELECTRICAL UTILITY - PROPOSED UNDERGROUND LINE ELECTRICAL UTILITY - EXISTING GUY WIRE ELECTRICAL UTILITY - PROPOSED GUY WIRE COMM UTILITY - EXISTING TELEPHONE GENERAL COMM UTILITY - PROPOSED TELEPHONE GENERAL COMM UTILITY - EXISTING OVERHEAD TELEPHONE COMM UTILITY - PROPOSED OVERHEAD TELEPHONE COMM UTILITY - EXISTING UNDERGROUND TELEPHONE COMM UTILITY - PROPOSED UNDERGROUND TELEPHONE COMM UTILITY - EXISTING FIBEROPTIC COMM UTILITY - PROPOSED FIBEROPTIC COMM UTILITY - EXISTING OVERHEAD FIBEROPTIC COMM UTILITY - PROPOSED OVERHEAD FIBEROPTIC COMM UTILITY - EXISTING UNDERGROUND FIBEROPTIC COMM UTILITY - PROPOSED UNDERGROUND FIBEROPTIC COMM UTILITY - EXISTING OVERHEAD TELEVISION COMM UTILITY - PROPOSED OVERHEAD TELEVISION COMM UTILITY - EXISTING UNDERGROUND TELEVISION COMM UTILITY - PROPOSED UNDERGROUND TELEVISION OTHER UTILITY- OVERHEAD UNKNOWN CABLE / PIPE OTHER UTILITY - UNDERGROUND UNKNOWN CABLE / PIPE PIPELINE - EXISTING PIPELINE (SEE DRAWINGS FOR INFO.) ABBREVIATION DEFINITIONS THE FOLLOWING IS A GENERAL ABBREVIATION DEFINITION OF THE INFORMATION THAT MAY BE COMMONLY FOUND WITHIN THE CIVIL PORTION OF CONSTRUCTION DRAWINGS. IN SOME CASES A ABBREVIATION MAY HAVE MULTIPLE DEFINITIONS AND/OR IF AT ANY POINT THAT AN ABBREVIATION IS NOT CLEAR FOR WHAT IT REPRESENTS IT WILL BE THE RESPONSIBILITY OF THE GENERAL CONTRACTOR TO REQUEST CLARIFICATION FROM THE OWNER'S REPRESENTATIVE. F RE RE E RE WS E WS W PVC E W PVC E AC W F W W E W RCP ST E RCP ST E PVC ST E HP ST HDPE ST E HDPE ST CMP ST ST E BOX ST BOX ST WV WV DYH WF WF DYH D D D D D D D D D D WASTEWATER UTILITY - EXISTING MANHOLE WASTEWATER UTILITY - PROPOSED MANHOLE WASTEWATER UTILITY - EXISTING SINGLE SERVICE CONNECTION WASTEWATER UTILITY - PROPOSED SINGLE SERVICE CONNECTION WASTEWATER UTILITY - EXISTING DOUBLE SERVICE CONNECTION WASTEWATER UTILITY - PROPOSED DOUBLE SERVICE CONNECTION WASTEWATER UTILITY - EXISTING CLEAN OUT WASTEWATER UTILITY - PROPOSED CLEAN OUT WASTEWATER UTILITY - EXISTING PIPE MARKER WASTEWATER UTILITY - PROPOSED PIPE MARKER WASTEWATER UTILITY - EXISTING FOCEMAIN MARKER WASTEWATER UTILITY - PROPOSED FORCEMAIN MARKER STORM WATER UTILITY - EXISTING CURB INLET STORM WATER UTILITY - PROPOSED CURB INLET STORM WATER UTILITY - EXISTING GRATE INLET STORM WATER UTILITY - PROPOSED GRATE INLET STORM WATER UTILITY - EXISTING POST INLET STORM WATER UTILITY - PROPOSED POST INLET STORM WATER UTILITY - EXISTING MANHOLE STORM WATER UTILITY - PROPOSED MANHOLE STORM WATER UTILITY - EXISTING JUNCTION BOX STORM WATER UTILITY - PROPOSED JUNCTION BOX STORM WATER UTILITY - EXISTING OUTFALL / OPEN END STORM WATER UTILITY - PROPOSED OUTFALL / OPEN END STORM WATER UTILITY - EXISTING MARKER STORM WATER UTILITY - PROPOSED MARKER WATER UTILITY - EXISTING VALVE WATER UTILITY - PROPOSED VALVE WATER UTILITY - EXISTING FITTING WATER UTILITY - PROPOSED FITTING WATER UTILITY - EXISTING FIRE HYDRANT WATER UTILITY - PROPOSED FIRE HYDRANT WATER UTILITY - EXISTING SINGLE SERVICE CONNECTION WATER UTILITY - PROPOSED SINGLE SERVICE CONNECTION WATER UTILITY - EXISTING DOUBLE SERVICE CONNECTION WATER UTILITY - PROPOSED DOUBLE SERVICE CONNECTION WATER UTILITY - EXISTING MARKER WATER UTILITY - PROPOSED MARKER LIMITS OF CONSTRUCTION (LOC) PROPERTY BOUNDARY LINE ADJACENT BOUNDARY LINE PROPERTY LINE ADJACENT PROPERTY LINE ROAD CENTER LINE YARD REQUIREMENT EASEMENT FENCE - EXISTING (SEE DRAWING NOTE) FENCE - PROPOSED (SEE DRAWING NOTE) PROPOSED FIBER FILTRATION TUBE - FFT PROPOSED REINFORCED FILTER FABRIC FENCE - RFFF ROCK FILTER - RF PROPOSED STRAW BALE - SB PROPOSED STRAW BALE FENCE - SBF ELEVATION - EXISTING ELEVATION CONTOUR - EXISTING ELEVATION CONTOUR - PROPOSED DRAINAGE BASIN - EXISTING BASIN DRAINAGE BASIN - EXISTING SUB-BASIN DRAINAGE BASIN - PROPOSED BASIN DRAINAGE BASIN - PROPOSED SUB-BASIN S S C.O. C.O. F SS SS E SS F SS PVC ST X RFFF X FFT FFT SB SB SBF SBF RF RF EB ESB PB PSB F SS E ST E #'x#' ST #'x#' ST E CMP ST HP ST SSS E SSS F ST E S S E D D E W W E FM FM LOC DCL E DCL FOC E FOC UGT E UGFOC OHFOC E OHFOC UGFOC E UGTV OHTV E OHTV OHUK E PIPELINE UGTV UGUK E T G E UGT OHT E OHT UGE E UGE OHE E G EGW E EGW E OHE F E E E E T X XX PP PP E E E E LP LP E E E E G G G G 00 SCEE MGPB CIPB FC E FC E T E TV E P P E UK EM P I R E S U B D I V I S I O N OF F - S I T E W A S T E W A T E R I M P R O V E M E N T S JOB NO. CI V I L S T R U C T U R A L M A R I N E TO P O G R A P H I C S U R V E Y I N G TB P E F I R M N o . F - 1 2 2 4 0 C-520 DR A W N B Y : CH K B Y : AP P B Y : SC A L E : DA T E : R E V I S I O N S DA T E AP P R BY DE S C R I P T I O N NO . MU N O Z E N G I N E E R I N G , L L C © 2 0 2 0 ( M: \ P r o j e c t s \ L - M o s t a g h a s i I n v e s t m e n t \ E m p i r e \ 0 4 - C I V I L \ 0 1 - D W G \ 0 3 - W W P L A N \ C 2 1 0 0 - E R O S I O N A N D P O L L U T I O N C O N T R O L N O T E S . d w g ) PH O N E : 3 6 1 - 9 4 6 - 4 8 4 8 16 0 8 S . B R O W N L E E B O U L E V A R D CO R P U S C H R I S T I , T E X A S 7 8 4 0 4 AS N O T E D AP R I L 2 0 2 0 RR TT RM I I I 190026-B 04/07/2020 ER O S I O N A N D P O L L U T I O N C O N T R O L DE T A I L S ORTHO NOT TO SCALE RFFF - REINFORCED FILTER FABRIC FENCE SECTION NOT TO SCALE FLOW TYPE A RFFF A RFFF A RFFF - REINFORCED FILTER FABRIC FENCE NOTES 1.SHALL BE INSTALLED PRIOR TO COMMENCING ANY CONSTRUCTION ACTIVITIES. 2.SHALL REMAIN IN PLACE AND MAINTAINED UNTIL DISTURBED AREA IS STABILIZED BY PERMANENT MEASURES AND THE ENGINEER OR OWNER APPROVES REMOVAL. 3.DAILY INSPECTION IS TO BE MADE BY THE CONTRACTOR. 4.SILT ACCUMULATION OF ONE-THIRD (1/3) OF THE HEIGHT OF THE FILTER FABRIC FENCE SHALL BE REMOVED PRIOR TO A STORM EVENT AND IMMEDIATELY AFTERWARDS. STABILIZED CONSTRUCTION ENTRANCE & EXIT (SCEE) TYPE A NOTES 1.SHALL BE INSTALLED AS SOON AS PRACTICABLE BEFORE CONSTRUCTION ACTIVITIES COMMENCE. 2.SHALL REMAIN IN PLACE AND MAINTAINED UNTIL DISTURBED AREA IS STABILIZED BY PERMANENT MEASURES AND THE ENGINEER OR OWNER APPROVES REMOVAL. 3.DAILY INSPECTION IS TO BE MADE BY THE CONTRACTOR. 4.REMOVE ACCUMULATED SEDIMENT AND DEBRIS ONCE AGGREGATE IS 50% COVERED OR AS DIRECTED BY THE ENGINEER OR OWNER'S REPRESENTATIVE. STABILIZED CONSTRUCTION ENTRANCE & EXIT (SCEE) TYPE A REQUIREMENTS 1.GEOTEXTILE FABRIC MATERIAL - WOVEN OR NONWOVEN FABRIC WHICH IS PERMEABLE MADE WITH POLYPROPYLENE OR POLYETHYLENE FABRIC WITH A MINIMUM GRAB STRENGTH OF 270 PSI (ASTM D-4632). TO BE PLACED BETWEEN NATURAL GROUND AND AGGREGATE. 2.AGGREGATE 2.1.TYPE 1 - SHALL CONSIST OF 3 TO 6 INCH DIAMETER MATERIAL AND BE NON-DELETERIOUS MATERIAL. 2.2.TYPE 2 - SHALL BE FLEXIBLE BASE AND BE NON-DELETERIOUS MATERIAL. 3.SIZE - SHALL BE A MINIMUM LENGTH OF 50 FEET, A WIDTH OF 16 FEET, AND A THICKNESS OF 8 INCHES AT THE DRIVE SURFACE. 4.PLACEMENT - PLACE GEOTEXTILE FABRIC BELOW AGGREGATE AND THE SLOPE SHALL PROMOTE DRAINAGE TO SIDES AND TOWARDS THE CONSTRUCTION SITE. SECTION NOT TO SCALE SCEE A NOTICE: MUST BE USED BY ALL VEHICLES EXITING CONSTRUCTION SITE. FLOW 16' MINIMUM WIDTH AT DRIVE SURFACE8" PLACE GEOTEXTILE FABRIC FULL WIDTH AND LENGTH OF ENTRANCE & EXIT. GEOTEXTILE FILTER FABRIC FASTEN FILTER FABRIC TO TOP STRAND OF WELDED WIRE MESH BY HOG RINGS OR CORD AT A MAXIMUM OF 15". 4' MINIMUM STEEL POSTS OR WOODEN POSTS SPACED A MAXIMUM OF 3' ON CENTER. ATTACH THE WELDED WIRE MESH & FILTER FABRIC TO POSTS USING 4 EVENLY SPACED T-CLIPS, STAPLES, OR SEWN VERTICAL POCKETS. CONNECT THE ENDS OF SUCCESSIVE WELDED WIRE MESH SHEETS OR ROLLS AT A MINIMUM OF 6" AT A POST WITH A MINIMUM OF 6 FASTENERS ALONG BOTH ENDS SPACED EVENLY. GALVANIZED WELDED WIRE MESH FLOW 2" 90.2° EMBED POSTS 1' MINIMUM OR ANCHOR IF IN ROCK OR PAVEMENT. PLACE 6" OF FILTER FABRIC AGAINST THE TRENCH SIDE AND APPROX. 4" ACROSS TRENCH BOTTOM IN THE UPSTREAM DIRECTION. MINIMUM TRENCH SIZE SHALL BE 6" SQUARE. BACKFILL AND HAND TAMP. NOTICE: THE EROSION CONTROL DEVICES AND BEST MANAGEMENT PRACTICE (BMP) DETAILS ON THIS SHEET ARE FOR REFERENCE AND NOT THE ONLY PRODUCTS OR METHODS THAT CAN BE USED. THE CONTRACTOR IS THE PRIMARY OPERATOR AND WILL BE RESPONSIBLE FOR DETERMINING THE TYPE OF BMP NECESSARY TO MAINTAIN COMPLIANCE WITH LOCAL, STATE, AND FEDERAL REGULATIONS AND ANY PERMITS. PLAN NOT TO SCALE SCEE A CONSTRUCTION SITE IF PLACED ACROSS DRAINAGE WAY, PLACE STORM SEWER PIPE (CONTACT ENGINEER FOR PIPE APPROVAL). CURB AND GUTTER SIDEWALK 50' MINIMUM LENGTH AT DRIVE SURFACE PROPERTY LINE TYPE 1 AGGREGATE PAVEMENT PLACE 6" OF COMPACTED SAND BETWEEN SIDEWALK AND TYPE 2 AGGREGATE. DO NOT BLOCK GUTTER. 16' MINIMUM WIDTH AT DRIVE SURFACE TYPE B STABILIZED CONSTRUCTION ENTRANCE & EXIT (SCEE) TYPE B NOTES 1.SHALL BE INSTALLED AS SOON AS PRACTICABLE BEFORE CONSTRUCTION ACTIVITIES COMMENCE. 2.SHALL REMAIN IN PLACE AND MAINTAINED UNTIL DISTURBED AREA IS STABILIZED BY PERMANENT MEASURES AND THE ENGINEER OR OWNER APPROVES REMOVAL. 3.DAILY INSPECTION IS TO BE MADE BY THE CONTRACTOR. 4.REMOVE ACCUMULATED SEDIMENT AND DEBRIS ONCE AGGREGATE IS 50% COVERED OR AS DIRECTED BY THE ENGINEER OR OWNER'S REPRESENTATIVE. STABILIZED CONSTRUCTION ENTRANCE & EXIT (SCEE) TYPE B REQUIREMENTS 1.GEOTEXTILE FABRIC MATERIAL - WOVEN OR NONWOVEN FABRIC WHICH IS PERMEABLE MADE WITH POLYPROPYLENE OR POLYETHYLENE FABRIC WITH A MINIMUM GRAB STRENGTH OF 270 PSI (ASTM D-4632). TO BE PLACED BETWEEN NATURAL GROUND AND AGGREGATE. 2.AGGREGATE 2.1.TYPE 1 - SHALL CONSIST OF 3 TO 6 INCH DIAMETER MATERIAL AND BE A NON-DELETERIOUS MATERIAL. 2.2.TYPE 2 - SHALL BE FLEXIBLE BASE. 3.RAILROAD TIES - SHALL BE IN GOOD CONDITION. 4.LAG BOLTS - 1/2" X 6" MINIMUM LAG BOLTS SHALL BE USED TO ATTACH EACH RAILROAD TIE TO THE TREATED LUMBER. 5.TREATED LUMBER - SHALL BE GRADE #2 AND FREE OF LARGE AND LOOSE KNOTS. 6.SIZE - SHALL BE A MINIMUM LENGTH OF 50 FEET AND WIDTH OF 16 FEET AT DRIVE SURFACE. 7.PLACEMENT - PLACE GEOTEXTILE FABRIC BELOW AGGREGATE AND THE SLOPE SHALL PROMOTE DRAINAGE TO SIDES AND TOWARDS THE CONSTRUCTION SITE. SECTION NOT TO SCALE SCEE B NOTICE: MUST BE USED BY ALL VEHICLES EXITING CONSTRUCTION SITE. 16' MINIMUM WIDTH AT DRIVE SURFACE PLACE GEOTEXTILE FABRIC FULL WIDTH AND LENGTH OF ENTRANCE & EXIT. PLAN NOT TO SCALE SCEE B CONSTRUCTION SITE IF PLACED ACROSS DRAINAGE WAY, PLACE STORM SEWER PIPE (CONTACT ENGINEER FOR PIPE APPROVAL). CURB AND GUTTER SIDEWALK 50' MINIMUM LENGTH AT DRIVE SURFACE PROPERTY LINE TYPE 2 AGGREGATE PAVEMENT PLACE 6" OF COMPACTED SAND BETWEEN SIDEWALK AND TYPE 2 AGGREGATE. DO NOT BLOCK GUTTER. 16' MINIMUM WIDTH AT DRIVE SURFACE 6"6'-8"10"6'-8"6" 6" MINIMUM TYPE 2 AGGREGATE SCEE - STABILIZED CONSTRUCTION ENTRANCE & EXIT 2"x6" TREATED LUMBER 2"x10" TREATED LUMBER 8"x10" RAILROAD TIE FLOW SECTION NOT TO SCALE SB - STRAW BALE PLAN NOT TO SCALE FLOW FLOW SB - STRAW BALE NOTES 1.SHALL BE INSTALLED AS SOON AS PRACTICABLE. 2.SHALL REMAIN IN PLACE AND MAINTAINED UNTIL DISTURBED AREA IS STABILIZED BY PERMANENT MEASURES. 3.DAILY INSPECTION IS TO BE MADE BY THE CONTRACTOR. 4.SILT ACCUMULATION OF 1/3 THE HEIGHT OF THE STRAW BALE FENCE SHALL BE REMOVED PRIOR TO A STORM EVENT AND IMMEDIATELY AFTERWARDS. FLOW FLOW SB A SB MATERIAL REQUIREMENTS 1.STRAW BALE MATERIAL - SHALL BE COMPOSED OF NATURAL VEGETATIVE MATERIAL. 2.STRAW BALE SIZE - SHALL BE A MINIMUM LENGTH OF 30 INCHES, A WIDTH OF 14 INCHES, A HEIGHT OF 18 INCHES, AND WEIGH A MINIMUM OF 50 LBS. 3.BINDINGS - SHALL BE OF WIRE (14 GAUGE MIN.), NYLON OR POLYPROPYLENE ROPE (12 GAUGE MIN.). JUTE AND COTTON BINDING ARE NOT ALLOWED. 4.STRAW BALE PLACEMENT - BUTT THE ENDS OR SIDES OF THE STRAW BALES TIGHTLY AGAINST EACH OTHER. ANY GAPS SHALL BE FILLED COMPLETELY WITH STRAW MATERIAL. 5.STAKE MATERIAL 5.1.WOOD 5.1.1.2"x2" BY REQUIRED LENGTH MADE FROM NON-TREATED LUMBER WHICH IS FREE OF ANY DEFECTS. 5.2.STEEL 5.2.1.3/8" DIAMETER BY REQUIRED LENGTH. 6.MAINTENANCE OF MATERIALS 6.1.IMMEDIATELY REPLACE MATERIALS THAT ARE DAMAGED OR DETERIORATING. FLOW FLOW SB A FLOW FFT - FIBER FILTRATION TUBE PLAN NOT TO SCALE FFT NOTES 1.SHALL BE INSTALLED AS SOON AS PRACTICABLE. 2.SHALL REMAIN IN PLACE AND MAINTAINED UNTIL DISTURBED AREA IS STABILIZED BY PERMANENT MEASURES. 3.DAILY INSPECTION IS TO BE MADE BY THE CONTRACTOR. 4.WHEN SILT ACCUMULATION OF 1/3 THE HEIGHT HAS OCCURRED, THE SILT SHALL BE REMOVED. SILT SHALL BE REMOVED PRIOR TO A STORM EVENT. 5.SAND BAGS SHALL BE USED ONLY WHEN THE UNDERLYING MATERIAL IS CONCRETE, ASPHALT, OR OTHER HARD SURFACE. FLOW FFT A FFT MATERIAL REQUIREMENTS 1.FIBER FILTRATION TUBE 1.1.FIBER MATERIAL - SHALL BE COMPOSED OF PHYTO-SANITIZED WOOD FIBER AND MAN-MADE FIBER MATERIAL APPROVED BY THE ENGINEER. 1.2.SIZE - SHALL BE A MINIMUM LENGTH OF 72 INCHES, A DIAMETER OF 9 INCHES, AND WEIGH A MINIMUM OF 6 LBS. 1.3.TUBING - SHALL BE A HEAVY-DUTY, KNITTED, HIGH DENSITY POLYETHYLENE MESH. 2.STAKE 2.1.WOOD 2.1.1.2"x2" BY REQUIRED LENGTH MADE FROM NON-TREATED LUMBER WHICH IS FREE OF ANY DEFECTS. 2.2.STEEL 2.2.1.3/8" DIAMETER BY REQUIRED LENGTH. 3.SANDBAG REQUIREMENTS 3.1.BAG MATERIAL - WOVEN POLYPROPYLENE OR POLYETHYLENE FABRIC WITH A MULLEN BURST STRENGTH EXCEEDING 300 PSI (ASTM D-3786) AND AN ULTRAVIOLET RAY STABILITY EXCEEDING 70% (ASTM D-4355). BURLAP MATERIAL IS NOT ACCEPTABLE. 3.2.BAG COLOR - SHALL BE SAFETY ORANGE AND, IF ROADWAY IS MAINTAINED BY TxDOT, THEN THE CURRENT TxDOT STANDARDS SHOULD BE USED. 3.3.BAG SIZE - FILLED BAG SHALL BE A MINIMUM LENGTH OF 18 INCHES, A WIDTH OF 12 INCHES, A THICKNESS OF 3 INCHES, AND WEIGH APPROXIMATELY 33 LBS. 3.4.FILL MATERIAL - SHALL BE NON-COHESIVE, CLAY FREE AND NON-DELETERIOUS MATERIAL. 4.MAINTENANCE OF MATERIALS 4.1.IMMEDIATELY REPLACE ANY MATERIALS THAT ARE DAMAGED OR DETERIORATING. FLOW FFT A1' 1' SECTION NOT TO SCALE FIBER FILTRATION TUBE SAND BAG OR WOODEN STAKES (SEE NOTES) SAND BAG OR WOODEN STAKES (SEE NOTES) 2' 4' FLOW FLOW PIS NOTES 1.SHALL BE INSTALLED PRIOR TO BEGINNING CONSTRUCTION AT EACH ENTRANCE AND EXIT. 2.SHALL REMAIN IN PLACE AND MAINTAINED UNTIL DISTURBED AREA IS STABILIZED BY PERMANENT MEASURES. PIS MATERIAL REQUIREMENTS 1.WOOD MATERIAL - SHALL BE ALL TREATED LUMBER AND PLYWOOD WHICH IS PAINTED WHITE. 2.SIZE - SHALL BE A MAXIMUM HEIGHT OF 6 FEET ABOVE GRADE AND A WIDTH THAT ALLOWS THE REQUIRED INFORMATION SHOWN TO BE PLACED ON THE SIGN. 3.LETTER SIZE - LETTERS SHALL BE BLACK WITH A MINIMUM OF 112" IN HEIGHT. 4.PAPER - SHALL BE STANDARD 81 2" x 11" OR ENGINEER APPROVED OTHER, WHICH IS LAMINATED TO RESIST WEATHER CONDITIONS. 5.CONTRACTOR INFORMATION (OPTIONAL) - MAY INCLUDE CONTRACTOR NAME, CONTACT INFORMATION, AND OTHER GENERAL INFORMATION. TEXT SIZE OF 1" MAXIMUM. 6.PLACEMENT - SHALL BE AT EACH ENTRANCE AND EXIT. COPIES OF THE DOCUMENTS SHALL BE ADHERED TO THE BOARD BY MEANS THAT RESIST THE EFFECTS OF WIND AND PRECIPITATION. 7.IMMEDIATELY REPLACE MATERIALS AND DOCUMENTS ONCE DAMAGED OR DETERIORATING. PIS - POLLUTION INFORMATION SIGN NOT TO SCALE STORM WATER POLLUTION PREVENTION INFORMATION 2' MAXIMUM BETWEEN POSTS 112" TALL BLACK STANDARD LETTERS CONSTRUCTION SITE NOTICE NOTICE OF INTENT CONTRACTOR INFORMATION (OPTIONAL) 4x4 TREATED POST 2' M I N I M U M 2' M I N I M U M FILL GAPS COMPLETELY AND TIGHTLY WITH STRAW MATERIAL. ANGLE FIRST STAKE TOWARDS PREVIOUSLY LAID BALE. BINDINGS FLOW SECTION NOT TO SCALE SBF - STRAW BALE FENCE PLAN NOT TO SCALE FLOW SBF - STRAW BALE FENCE NOTES 1.SHALL BE INSTALLED AS SOON AS PRACTICABLE. 2.SHALL REMAIN IN PLACE AND MAINTAINED UNTIL DISTURBED AREA IS STABILIZED BY PERMANENT MEASURES. 3.DAILY INSPECTION IS TO BE MADE BY THE CONTRACTOR. 4.SILT ACCUMULATION OF 1/3 THE HEIGHT OF THE STRAW BALE FENCE SHALL BE REMOVED PRIOR TO A STORM EVENT AND IMMEDIATELY AFTERWARDS. FLOW FLOWSBF A SBF MATERIAL REQUIREMENTS 1.STRAW BALE MATERIAL - SHALL BE COMPOSED OF NATURAL VEGETATIVE MATERIAL. 2.STRAW BALE SIZE - SHALL BE A MINIMUM LENGTH OF 30 INCHES, A WIDTH OF 14 INCHES, A HEIGHT OF 18 INCHES, AND WEIGH A MINIMUM OF 50 LBS. 3.BINDINGS - SHALL BE OF WIRE (14 GAUGE MIN.), NYLON OR POLYPROPYLENE ROPE (12 GAUGE MIN.). JUTE AND COTTON BINDING ARE NOT ALLOWED. 4.STRAW BALE PLACEMENT - BUTT THE ENDS OR SIDES OF THE STRAW BALES TIGHTLY AGAINST EACH OTHER. ANY GAPS SHALL BE FILLED COMPLETELY WITH STRAW MATERIAL. 5.STAKE MATERIAL 5.1.WOOD 5.1.1.2"x2" BY REQUIRED LENGTH MADE FROM NON-TREATED LUMBER WHICH IS FREE OF ANY DEFECTS. 5.2.STEEL 5.2.1.3/8" DIAMETER BY REQUIRED LENGTH. 6.MAINTENANCE OF MATERIALS 6.1.IMMEDIATELY REPLACE MATERIALS THAT ARE DAMAGED OR DETERIORATING. FLOW FLOW SBF A FILL GAPS COMPLETELY AND TIGHTLY WITH STRAW MATERIAL. ANGLE FIRST STAKE TOWARDS PREVIOUSLY LAID BALE. STAKE BINDINGS FLOW SECTION NOT TO SCALE CWDF - CONCRETE WASHOUT / DEWATERING FENCE PLAN NOT TO SCALE CWF A CWF A FLOW FLOW FLOW FILL GAPS COMPLETELY AND TIGHTLY WITH STRAW MATERIAL. ANGLE FIRST STAKE TOWARDS PREVIOUSLY LAID STRAW BALE. CWDF - CONCRETE WASHOUT / DEWATERING FENCE NOTES 1.SHALL BE INSTALLED PRIOR TO COMMENCING CONCRETE OR DEWATERING ACTIVITIES. 2.SHALL REMAIN IN PLACE AND MAINTAINED UNTIL CONCRETE OR DEWATERING ACTIVITIES ARE COMPLETED. 3.LOCATION SHALL BE CLEARLY LABELED AND ACCESSIBLE. 4.DAILY INSPECTION IS TO BE MADE BY THE CONTRACTOR. 5.ONCE CONCRETE RESIDUAL / SILT ACCUMULATION OF 1/3 THE HEIGHT OF THE STRAW BALE FENCE HAS OCCURRED, THE RESIDUAL SHALL BE REMOVED BEFORE CONTINUING WITH ACTIVITIES. 6.SIZE VARIES DEPENDING ON THE AMOUNT OF WASHING / FLOW THAT WILL BE DONE. THE SIZE SHALL BE SUFFICIENT SO THAT WASH WATER DOES NOT TOP THE STRAW BALES. CWDF MATERIAL REQUIREMENTS 1.STRAW BALE 1.1.STRAW BALE MATERIAL - SHALL BE COMPOSED OF NATURAL VEGETATIVE MATERIAL. 1.2.STRAW BALE SIZE - SHALL BE A MINIMUM LENGTH OF 30 INCHES, A WIDTH OF 14 INCHES, A HEIGHT OF 18 INCHES, AND WEIGH A MINIMUM OF 50 LBS. 1.3.BINDINGS - SHALL BE OF WIRE (14 GAUGE MIN.), NYLON OR POLYPROPYLENE ROPE (12 GAUGE MIN.). JUTE AND COTTON BINDING ARE NOT ALLOWED. 1.4.STRAW BALE PLACEMENT - BUTT THE ENDS OR SIDES OF THE STRAW BALES TIGHTLY AGAINST EACH OTHER. ANY GAPS SHALL BE FILLED COMPLETELY WITH STRAW MATERIAL. 2.FIBER FILTRATION TUBE 2.1.FIBER MATERIAL - SHALL BE COMPOSED OF PHYTO-SANITIZED WOOD FIBER AND MAN-MADE FIBER MATERIAL APPROVED BY THE ENGINEER. 2.2.SIZE - SHALL BE A MINIMUM LENGTH OF 72 INCHES, A DIAMETER OF 9 INCHES, AND WEIGH A MINIMUM OF 6 LBS. 2.3.TUBING - SHALL BE A HEAVY-DUTY, KNITTED, HIGH DENSITY POLYETHYLENE MESH. 3.STAKE 3.1.MATERIAL - MADE FROM NON-TREATED LUMBER WHICH IS FREE OF ANY DEFECTS. 3.2.SIZE - SHAPE AND SIZE AS NOTED. 4.POLYETHYLENE 4.1.SHALL BE OF 8 MIL MINIMUM, BLACK WITH AN OVERLAP EDGE OF 12 INCHES, AND A 6 INCH LAP ON THE STRAW BALE WHICH IS ANCHORED TO THE GROUND AND STRAW BALE. 5.CONCRETE WASHOUT SIZE: OVERALL SIZE VARIES DEPENDING ON THE AMOUNT OF WASHING THAT WILL BE DONE. THE SIZE SHALL BE SUFFICIENT SO THAT WASH WATER DOES NOT TOP THE STRAW BALES. 6.MAINTENANCE OF MATERIALS 6.1.IMMEDIATELY REPLACE ANY MATERIAL WHEN DAMAGED OR DETERIORATING. 7.REMOVAL OF THIS DEVICE WILL INCLUDE ALL MATERIALS AND ALL RESIDUE NEAR THE DEVICE. PROPOSED GRADES MUST BE ESTABLISHED DEPENDING ON LOCATION. 1' WOODEN STAKES .EMBED 4" MINIMUM TO 6" MAXIMUM OR ANCHOR IF IN ROCK. PLASTIC LINER 1 12,09 1 S F T 2 13,50 0 S F T 3 7,653 S F T 7 7,036 SFT 5 6,017 SFT 11 6,032 SFT 8 6,012 SFT 10 7,199 SFT 12 7,054 SFT 16 6,050 SFT 13 6,033 SFT 15 6,050 SFT 14 6,101 SFT 18 6,050 SFT 19 6,050 SFT 17 6,050 SFT 23 6,050 SFT 21 6,050 SFT 20 6,050 SFT 22 8,437 SFT 1 8, 9 7 9 S F T 2 6, 6 0 0 S F T 3 6, 6 0 0 S F T 4 6, 6 0 0 S F T 8 6, 6 0 0 S F T 5 6, 6 0 0 S F T 6 6, 6 0 0 S F T 7 6, 6 0 0 S F T 9 6, 6 0 0 S F T 10 6, 6 0 0 S F T 12 6, 6 0 0 S F T 11 6, 6 0 0 S F T 13 6, 6 0 0 S F T 14 6, 6 0 0 S F T 15 6, 6 0 0 S F T 16 6, 4 8 0 S F T 17 6, 4 8 0 S F T 18 6, 4 8 0 S F T 19 6, 4 8 0 S F T 20 8, 2 0 6 S F T 2 7,151 SFT 3 9,025 SFT 1 7,093 SFT 4 9,027 SFT 9 9,016 SFT 5 7,151 SFT 8 7,145 SFT 10 10,949 SFT 11 7,160 SFT 14 7,203 SFT 16 7,182 SFT 15 7,203 SFT 13 7,182 SFT 1 8, 3 7 9 S F T 12 8, 3 7 9 S F T 2 7, 2 0 0 S F T 11 7, 2 0 0 S F T 4 7, 2 0 0 S F T 9 7, 2 0 0 S F T 3 7, 2 0 0 S F T 10 7, 2 0 0 S F T 5 7, 2 0 0 S F T 8 7, 2 0 0 S F T 6 8, 3 7 9 S F T 7 8, 3 7 9 S F T 1 1 1 2 3 22 3 4 10 ' U E 25 ' Y R 10' UE10' UE 7. 5 ' U E 7. 5 ' U E 7. 5 ' U E 10' UE 7. 5 ' U E 25 ' Y R 10' UE 7. 5 ' U E 1 10' UE 10' UE 7. 5 ' U E 5 R'Y CHARLES LILE 1.26 ACS OUT OF LT 20 SEC 26 FLOUR BLUFF & ENC FRM GDN TRACT DOC. 873038, O.P.R.N.C.T. LEWIS STOOPS 3.25 ACS OUT OF LTS 20 & 21 SEC 26 FLOUR BLUFF & ENC FRM GDN TRACT DOC. 2005002681, O.P.R.N.C.T. BERNIE BRAY 0.50 ACS OUT OF LT 20 SEC 26 FLOUR BLUFF & ENC FRM GDN TRACT DOC. 873037, O.P.R.N.C.T. ROBYN LOVE 0.282 ACS OUT OF LT 20 & 21 SEC 26 FLOUR BLUFF & ENC FRM GDN TRACT DOC. 2015044453, O.P.R.N.C.T. VIKKI DE LIMA 0.45 ACS OUT OF LT 21 SEC 26 FLOUR BLUFF & ENC FRM GDN TRACT DOC. 201504452, O.P.R.N.C.T. FR M G D N T R A C T DO C . 2 0 1 4 0 0 1 8 4 6 , O . P . R . N . C . T . ROBYN LOVE 0.444 ACS OUT OF LT 20 & 21 SEC 26 FLOUR BLUFF & ENC FRM GDN TRACT DOC. 1997033425, O.P.R.N.C.T. STEPHEN GORALCZYK 0.564 ACS OUT OF LT 21 SEC 26 FLOUR BLUFF & ENC FRM GDN TRACT DOC 2015005753, O.P.R.N.C.T. LEGENDS OF DIAMANTE UNIT 1 VOL. 66, PG. 95, M.R.N.C.T. LEGENDS OF DIAMANTE UNIT 2 VOL. 67, PG. 322, M.R.N.C.T. DIANNE PERIMAN 0.4387 ACS OUT OF LT 21 SEC 26 FLOUR BLUFF & ENC FRM GDN TRACT DOC 2018042769, O.P.R.N.C.T. CHRISTY GUEST 0.37 ACS OUT OF LT 20 & 21 SEC 26 FLOUR BLUFF & ENC FRM GDN TRACT DOC. 2015044451, O.P.R.N.C.T. 6 740 27 2912 39 25 24 7,045 SFT 29 2830 8 11 10 2628 12 9 3127 7 7,177 SFT 8 9 DO R S A L D E V E L O P M E N T , L L C . 69 . 8 1 2 A C S O U T O F L T S 2 2 , 2 3 , 2 4 & 2 5 SE C 2 6 F L O U R B L U F F & E N C F R M G D N TR A C T D O C 2 0 1 3 0 0 3 7 1 6 , O . P . R . N . C . T . 6 7,179 SFT 10 11 9 7,179 SFT 4 7,180 SFT 12 7,183 SFT 15 'YR 15 'Y R 1 5 'Y R CHARLES LILE 0.41 ACS OUT OF LT 20 SEC 26 FLOUR BLUFF & ENC FRM GDN TRACT DOC. 873037, O.P.R.N.C.T. 18'' ST E 8 ' ' W E 8 ' ' W E 8 ' ' W E 8 ' ' W E 8 ' ' W E 8 ' ' W E 8 ' ' W E 8 ' ' W 24 ' ' S T 24 ' ' S T 24 ' ' S T 24 ' ' S T 24 ' ' S T 18'' ST 24'' ST 24'' ST 24'' ST 24'' ST 24'' ST 24'' ST30'' ST 30'' ST 30'' ST30'' ST 30'' ST 30'' ST DYH DYH DYH DYH DYH 10'' SS 10'' SS 10'' SS 10'' SS E 8 ' ' S S E 8 ' ' S S S E 2 ' ' G A S E 2 ' ' G A S E 2'' GAS E 2'' GAS E 2'' GAS E 2'' GAS E 2'' GAS E 2'' GAS E 2'' GAS E 2 ' ' G A S E 2 ' ' G A S E 8 ' ' W E 8 ' ' W E 8 ' ' W PP E O H E E O H E E O H E E OHE X X X X X X X X X X X X X X X X X X X X X X X DYH WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WVWV WV WV D 30'' ST 30'' ST 30'' ST 30'' ST D D 24 ' ' S T 24 ' ' S T 24 ' ' S T 24 ' ' S T 24 ' ' S T 24 ' ' S T 24 ' ' S T 24 ' ' S T 24 ' ' S T 24 ' ' S T D D D D D D D D D D D D D D D D AM E T H Y S T D R I V E D SA P P H I R E C O U R T GA R N E T C O U R T TO P A Z C O U R T 10 ' ' S S 10 ' ' S S 10 ' ' S S 10 ' ' S S 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' S S 8'' S S 8'' S S 8'' S S 8'' S S 8'' SS 8'' SS 8'' SS 8'' SS 8'' SS 8'' SS 8'' SS 8'' SS 8'' SS 8'' SS 8'' SS 8'' SS 8'' S S 8'' S S 8'' S S 8'' S S 8'' S S 8'' S S 8'' S S 8'' S S 8'' S S 8'' S S 8'' S S 8'' SS 8'' SS 8'' SS 8'' SS 8'' SS 8'' SS 8'' SS 8'' SS 8'' SS 8'' SS 8'' SS 8'' SS 8'' SS 8'' SS 8'' SS 8'' SS 8'' SS 8'' SS 8'' SS 8'' S S 8'' S S 8'' S S 8'' SS 8'' SS 8'' SS 8'' SS 8'' SS 8'' SS 8'' SS 8'' SS 8'' SS 8'' S S 8'' S S 8'' S S 8'' SS 8'' SS 8'' SS S S S S S S S SS S S S S S S S WW MH A10 (4'D) WW MH G01 (4'D) WW MH A08 (4'D) WW MH C02 (4'D) WW MH C01 (4'D) WW MH F01 (4'D) WW MH E01 (4'D) WW MH B02 (4'D) WW MH B04 (4'D) WW MH D01 (4'D) WW MH B03 (4'D) WW MH A13 (4'D) WW MH A12 (4'D) WW MH A11 (4'D) 327 LF, 8" PVC AT 0.40% (WW B02)98 LF, 8" PVC AT 0.72% (WW B04)290 LF, 8" PVC AT 0.41% (WW B03) 371 LF, 8" PVC AT 0.40% (WW A12)290 LF, 8" PVC AT 0.40% (WW A11) 226 LF, 8" PVC AT 0.40% (WW A10) 143 LF, 8" PVC AT 1.12% (WW C02) 464 LF, 8" PVC AT 0.41% (WW C01) 116 LF, 8" PVC AT 0.43% (WW G01) 192 LF, 8" PVC AT 0.47% (WW F01) 188 LF, 8" PVC AT 1.06% (WW D01)188 LF, 8" PVC AT 1.06% (WW E01) 243 LF, 10" PVC AT 0.31% (WW A07) 290 LF, 8" PVC AT 0.40% (WW A09) AU S T R I A N C O U R T AT H E N I A N C O U R T ME D I A N D R I V E TA N Z A N I T E D R I V E LA T I N C O U R T MACEDONIAN DRIVE ROMAN DRIVE 62 LF, 8" PVC AT 0.40% (WW A08) EM P I R E S U B D I V I S I O N OF F - S I T E W A S T E W A T E R I M P R O V E M E N T S JOB NO. CI V I L S T R U C T U R A L M A R I N E TO P O G R A P H I C S U R V E Y I N G TB P E F I R M N o . F - 1 2 2 4 0 CU110 DR A W N B Y : CH K B Y : AP P B Y : SC A L E : DA T E : R E V I S I O N S DA T E AP P R BY DE S C R I P T I O N NO . MU N O Z E N G I N E E R I N G , L L C © 2 0 2 0 ( M: \ P r o j e c t s \ L - M o s t a g h a s i I n v e s t m e n t \ E m p i r e \ 0 4 - C I V I L \ 0 1 - D W G \ 0 3 - W W P L A N \ C 4 1 0 0 - W A S T E W A T E R U T I L I T Y P L A N . d w g ) PH O N E : 3 6 1 - 9 4 6 - 4 8 4 8 16 0 8 S . B R O W N L E E B O U L E V A R D CO R P U S C H R I S T I , T E X A S 7 8 4 0 4 AS N O T E D AP R I L 2 0 2 0 RR TT RM I I I 190026-B 04/07/2020 WA S T E W A T E R U T I L I T Y P L A N ( 1 O F 2 ) 0 SCALE: 1" = 50' 10050 AM E T R I N E D R I V E MA T C H L I N E S T A 2 + 0 0 ESTIMATED QUANTITIES NOTE: QUANTITIES ARE APPROXIMATE AND NOT ALL REQUIRED MATERIALS MAY BE INDICATED, CONTRACTOR IS TO CONFIRM ALL QUANTITIES AND PROVIDE ALL MATERIALS REQUIRED TO COMPLETE WORK. ESTIMATED UNIT OF DESCRIPTION QUANTITY MEASUREMENT WASTEWATER - 8" LINE 1,239 LF WASTEWATER - 10" LINE 94 LF WASTEWATER MANHOLE 6 EA CONSTRUCTION ENTRANCE AND CONCRETE WASHOUT LOCATION TO BE LOT 23 NOTE: 1.CONTRACTOR TO ABIDE BY REQUIREMENTS OF CONSTRUCTION EASEMENT AGREEMENTS FOR ALL WORK ON DORSAL DEVELOPMENT PROPERTY. 2.THE FOLLOWING IMPROVEMENTS ARE WITHIN WASTEWATER REIMBURSEMENT REQUEST: WASTEWATER MANHOLE A01, A02, A03, A04, A05, A06, A07, A08, A09, A10, A11, AND A13 AND WASTEWATER A01, A02, A03, A04, A05, A06, A07, A08, A09, A10, A11 AND A12. 3.ALL SERVICE CONNECTION ARE TO BE INSTALLED AT TIME OF THIS CONSTRUCTION AND ARE TO BE UNDER CONTRACT FOR EMPIRE SUBDIVISION PUBLIC IMPROVEMENTS. 23 6, 0 5 0 S F T 1 8,979 SFT 2 6,600 SFT 3 6,600 SFT 4 6,600 SFT 1 2 10' UE 25' YR 10 ' U E 10 ' U E 7.5' UE 7.5' UE 10 ' U E 25' YR LEGENDS OF DIA M A N T E U N I T 1 VOL. 66, PG. 9 5 , M . R . N . C . T . 6 7 40 29 39 28 10 ' ' S S 10 ' ' S S 10 ' ' S S 10 ' ' S S 10'' SS 10'' SS 10'' SS 10'' SS 10'' SS 10'' SS 10'' SS10'' SS 10'' SS 10'' SS 10'' SS 10'' SS 10'' SS E 8 ' ' S S E 8 ' ' S S E 8 ' ' S S E 8 ' ' S S E 8 ' ' S S E 8 ' ' S S E 8'' SS E 8'' SS E 8'' SS E 8'' SS E 8'' SS E 8'' SS S S S E 1 0 ' ' F M E 1 0 ' ' F M E 1 0 ' ' F M E 1 0 ' ' F M E 1 0 ' ' F M E 1 0 ' ' F M E 1 0 ' ' F M E 1 0 ' ' F M E 1 0 ' ' F M E 1 0 ' ' F M E 1 0 ' ' F M E 1 5 ' ' S S E 1 5 ' ' S S E 1 5 ' ' S S E 1 5 ' ' S S E 1 5 ' ' S S E 1 5 ' ' S S E 1 5 ' ' S S E 8 ' ' S S S S E 8'' W E 8'' W E 8'' W E 8'' W E 8'' W E 8'' W E 8'' W X X X X XXXXXXX WV TANZANITE DRIVE SL O U G H R O A D TO U R M A L I N E D R I V E 10'' SS 10'' SS 10'' SS 10'' SS 10'' SS 10'' SS S 8'' W 8'' W S S S SS S S S E O H E E O H E E O H E E O H E E O H E E O H E E O H E PP PP E O H E E O H E WW MH A08 (4'D) WW MH A07 (4'D) WW MH A03 (4'D) WW MH A04 (4'D)300 LF, 10" PVC AT 0.30% (WW A03)302 LF, 10" PVC AT 0.30% (WW A04) 243 LF, 10" PVC AT 0.31% (WW A07) WW MH A04 (4'D)WW MH A04 (4'D) DORSAL DEVELOPMENT, LLC WW MH A01 (4'D) 91 LF, 10" PVC AT 0.33% (WW A02) WW MH A05 (4'D)302 LF, 10" PVC AT 0.30% (WW A04)302 LF, 10" PVC AT 0.30% (WW A04) 25 LF, 10" PVC AT 0.41% (WW A06) 9 LF, 8" PVC AT 0.40% (STUB OUT A03)9 LF, 8" PVC AT 0.40% (STUB OUT A02) 5 LF, 10" PVC AT 0.30% (STUB OUT A00) 290 LF, 10" PVC AT 0.31% (WW A05) 9 LF, 8" PVC AT 0.40% (STUB OUT A01) 221 LF, 10" PVC AT 0.32% (WW A01) WW MH A02 (4'D) EM P I R E S U B D I V I S I O N OF F - S I T E W A S T E W A T E R I M P R O V E M E N T S JOB NO. CI V I L S T R U C T U R A L M A R I N E TO P O G R A P H I C S U R V E Y I N G TB P E F I R M N o . F - 1 2 2 4 0 CU111 DR A W N B Y : CH K B Y : AP P B Y : SC A L E : DA T E : R E V I S I O N S DA T E AP P R BY DE S C R I P T I O N NO . MU N O Z E N G I N E E R I N G , L L C © 2 0 2 0 ( M: \ P r o j e c t s \ L - M o s t a g h a s i I n v e s t m e n t \ E m p i r e \ 0 4 - C I V I L \ 0 1 - D W G \ 0 3 - W W P L A N \ C 4 1 0 0 - W A S T E W A T E R U T I L I T Y P L A N . d w g ) PH O N E : 3 6 1 - 9 4 6 - 4 8 4 8 16 0 8 S . B R O W N L E E B O U L E V A R D CO R P U S C H R I S T I , T E X A S 7 8 4 0 4 AS N O T E D AP R I L 2 0 2 0 RR TT RM I I I 190026-B 04/07/2020 WA S T E W A T E R U T I L I T Y P L A N ( 2 O F 2 ) 0 SCALE: 1" = 40' 8040 WW EX MH A01 WW EX MH A02 TIE TO EXISTING 15" WASTEWATER LINE (START POINT OF CONSTRUCTION) NOTICE: CONTRACTOR TO FIELD VERIFY DEPTH PRIOR TO COMMENCING ANY WORK ON-SITE, INCLUDING BUT NOT LIMITED TO SANITARY, STORM SEWER, WATER UTILITIES WW MH A01 RIM ELEVATION=13.50 EXISTING 15" WASTEWATER LINE FL 15"=-7.90 FL 10"=-6.60 8" PLUG 8" PLUG 10" PLUG ESTIMATED MATERIAL: NOT ALL REQUIRED MATERIAL ARE INDICATED BELOW THAT WILL BE REQUIRED TO COMPLETE THE WORK; THE CONTRACTOR WILL BE REQUIRED TO PROVIDE ALL REQUIRED MATERIALS TO COMPLETE THE WORK. ESTIMATED QUANTITIES NOTE: QUANTITIES ARE APPROXIMATE AND NOT ALL REQUIRED MATERIALS MAY BE INDICATED, CONTRACTOR IS TO CONFIRM ALL QUANTITIES AND PROVIDE ALL MATERIALS REQUIRED TO COMPLETE WORK. ESTIMATED UNIT OF DESCRIPTION QUANTITY MEASUREMENT WASTEWATER - 8" LINE 27 LF WASTEWATER - 10" LINE 1,385 LF WASTEWATER - MANHOLE 7 EA WASTEWATER - 8" PLUG 3 EA WASTEWATER - 10" PLUG 1 EA NOTE: 1.CONTRACTOR TO ABIDE BY REQUIREMENTS OF CONSTRUCTION EASEMENT AGREEMENTS FOR ALL WORK ON DORSAL DEVELOPMENT PROPERTY. 2.THE FOLLOWING IMPROVEMENTS ARE WITHIN WASTEWATER REIMBURSEMENT REQUEST: WASTEWATER MANHOLE A01, A02, A03, A04, A05, A06, A07, A08, A09, A10, A11, AND A13 AND WASTEWATER A01, A02, A03, A04, A05, A06, A07, A08, A09, A10, A11 AND A12. 8" PLUG WW EX A01 WW EX A02 WW EX 15" MATCHLINE STA 2+00 ACCESS FROM TOURMALINE DRIVE IS NOT ALLOWED OVERHEAD ELECTRICAL LINE CAUTION!! 50 LF OF REINFORCED FILTER FABRIC FENCE PAVEMENT DEMOLITION AND REPLACEMENT = +/- 480 SFT PRIVATE DRIVE - COORDINATE WITH OWNER OF PROPERTY PRIOR TO AND DURING CONSTRUCTION THAT REQUIRES THE DEMOLITION AND REPLACEMENT OF PAVEMENT, AND DURING THE CONSTRUCTION OF WASTEWATER LINE. ALL WORK SHALL BE COMPLETED IN A SINGLE-DAY UNLESS PROVISIONS FOR SATISFACTORY ACCESS ARE PROVIDED TO THE OWNER. WW A07 WW MH A08 (4'D) STA: 2+93.50, 0.00 RIM: 14.31 INV IN: 0.00, WW A08 INV OUT: -2.05, WW A07 WW MH A07 (4'D) STA: 0+50.00, 0.00 RIM: 16.50 INV IN: -2.80, WW A07 INV OUT: -2.80, WW A06 INV OUT: -2.80, STUB OUT A00 WW A02 WW A03 WW A04 WW A06 STUB OUT A00 WW A01 WW A05 WW MH A03 (4'D) STA: 3+62.32, 0.00 RIM: 14.25 INV IN: -5.60, WW A03 INV OUT: -5.60, WW A02 WW MH A04 (4'D) STA: 6+62.75, 0.00 RIM: 16.00 INV IN: -4.70, WW A04 INV IN: -4.55, STUB OUT A03 INV OUT: -4.70, WW A03 WW MH A05 (4'D) STA: 9+64.96, 0.00 RIM: 16.00 INV IN: -3.80, WW A05 INV IN: -3.65, STUB OUT A02 INV OUT: -3.80, WW A04 WW MH A07 (4'D) STA: 12+79.59, 0.00 RIM: 16.50 INV IN: -2.80, WW A07 INV OUT: -2.80, WW A06 INV OUT: -2.80, STUB OUT A00 STUB OUT A01 STUB OUT A03 WW MH A02 (4'D) STA: 2+71.26, 0.00 RIM: 14.00 INV IN: -5.90, WW A02 INV OUT: -5.90, WW A01 WW MH A01 STA: 0+50.00, 0.00 RIM: 12.50 INV IN: -6.60, WW A01 INV IN: -7.74, WW EXISTING 01 INV OUT: -7.74, WW EXISTING 02 STUB OUT A02 WW MH A06 (4'D) STA: 12+54.98, 0.00 RIM: 16.50 INV IN: -2.90, WW A06 INV IN: -2.75, STUB OUT A01 INV OUT: -2.90, WW A0510" PVC FORCE MAIN (FIELD VERIFY LOCATION AND DEPTH) EM P I R E S U B D I V I S I O N OF F - S I T E W A S T E W A T E R I M P R O V E M E N T S JOB NO. CI V I L S T R U C T U R A L M A R I N E TO P O G R A P H I C S U R V E Y I N G TB P E F I R M N o . F - 1 2 2 4 0 CU220 DR A W N B Y : CH K B Y : AP P B Y : SC A L E : DA T E : R E V I S I O N S DA T E AP P R BY DE S C R I P T I O N NO . MU N O Z E N G I N E E R I N G , L L C © 2 0 2 0 ( M: \ P r o j e c t s \ L - M o s t a g h a s i I n v e s t m e n t \ E m p i r e \ 0 4 - C I V I L \ 0 1 - D W G \ 0 3 - W W P L A N \ C 3 7 0 0 - P L A N A N D P R O F I L E S . d w g ) PH O N E : 3 6 1 - 9 4 6 - 4 8 4 8 16 0 8 S . B R O W N L E E B O U L E V A R D CO R P U S C H R I S T I , T E X A S 7 8 4 0 4 AS N O T E D AP R I L 2 0 2 0 RR TT RM I I I 190026-B 04/07/2020 WA S T E W A T E R P R O F I L E ( 1 O F 2 ) WASTEWATER 3 WASTEWATER 2 NOTE: 1.CONTRACTOR TO ABIDE BY REQUIREMENTS OF CONSTRUCTION EASEMENT AGREEMENTS FOR ALL WORK ON DORSAL DEVELOPMENT PROPERTY. 2.THE FOLLOWING IMPROVEMENTS ARE WITHIN WASTEWATER REIMBURSEMENT REQUEST: WASTEWATER MANHOLE A01, A02, A03, A04, A05, A06, A07, A08, A09, A10, A11 A12 AND WASTEWATER A01, A02, A03, A04, A05, A06, A07, A08, A09, A10, A11, A12 AND A13. CONTRACTOR TO FILED VERIFY FLOW LINE PRIOR TO ANY CONSTRUCTION WW A10 WW A08 WW A09 WW MH A08 (4'D) STA: 1+15.00, 18.00R RIM: 14.31 INV IN: 0.00, WW A08 INV OUT: -2.05, WW A07 WW MH A10 (4'D) STA: 4+67.00, 18.00R RIM: 14.17 INV IN: 1.40, WW A10 INV IN: 5.00, WW C01 INV OUT: 1.40, WW A09 WW MH A09 (4'D) STA: 1+77.00, 18.00R RIM: 13.90 INV IN: 0.25, WW A09 INV IN: 2.20, WW B01 INV OUT: 0.25, WW A08 WW MH A11 (4'D) STA: 6+93.13, 18.00R RIM: 15.06 INV IN: 2.35, WW A11 INV OUT: 2.30, WW A10 PROP GRADE EXIST GRADE PROP WATER PROP WATER DROP CONNECTION REQUIRED WW A12 WW A11 WW MH A11 (4'D) STA: 7+11.83, 0.00 RIM: 15.06 INV IN: 2.35, WW A11 INV OUT: 2.30, WW A10 WW MH A13 (4'D) STA: 0+50.00, 0.00 RIM: 14.60 INV OUT: 5.00, WW A12 WW MH A12 (4'D) STA: 4+21.50, 0.00 RIM: 14.58 INV IN: 3.50, WW A12 INV IN: 8.50, WW G01 INV OUT: 3.50, WW A11 PROP GRADEEXIST GRADE DROP CONNECTION REQUIRED EM P I R E S U B D I V I S I O N OF F - S I T E W A S T E W A T E R I M P R O V E M E N T S JOB NO. CI V I L S T R U C T U R A L M A R I N E TO P O G R A P H I C S U R V E Y I N G TB P E F I R M N o . F - 1 2 2 4 0 CU221 DR A W N B Y : CH K B Y : AP P B Y : SC A L E : DA T E : R E V I S I O N S DA T E AP P R BY DE S C R I P T I O N NO . MU N O Z E N G I N E E R I N G , L L C © 2 0 2 0 ( M: \ P r o j e c t s \ L - M o s t a g h a s i I n v e s t m e n t \ E m p i r e \ 0 4 - C I V I L \ 0 1 - D W G \ 0 3 - W W P L A N \ C 3 7 0 0 - P L A N A N D P R O F I L E S . d w g ) PH O N E : 3 6 1 - 9 4 6 - 4 8 4 8 16 0 8 S . B R O W N L E E B O U L E V A R D CO R P U S C H R I S T I , T E X A S 7 8 4 0 4 AS N O T E D AP R I L 2 0 2 0 RR TT RM I I I 190026-B 04/07/2020 WA S T E W A T E R P R O F I L E ( 2 O F 2 ) WASTEWATER 1 TANZANITE DRIVE PIPE SEAL DETAIL PLAN FORCE MAIN DISCHARGE MANHOLE DETAIL PLAN GENERAL WASTEWATER CONSTRUCTION NOTES: FIBERGLASS MANHOLE MANHOLE PROTECTION IN UNPAVED AREAS (CULTIVATED/SPECIAL) MANHOLE PROTECTION IN UNPAVED AREAS (RESIDENTIAL) CONCRETE MANHOLE WASTEWATER MANHOLE (BOTTOM) SECTION EM P I R E S U B D I V I S I O N OF F - S I T E W A S T E W A T E R I M P R O V E M E N T S JOB NO. CI V I L S T R U C T U R A L M A R I N E TO P O G R A P H I C S U R V E Y I N G TB P E F I R M N o . F - 1 2 2 4 0 C-560 DR A W N B Y : CH K B Y : AP P B Y : SC A L E : DA T E : R E V I S I O N S DA T E AP P R BY DE S C R I P T I O N NO . MU N O Z E N G I N E E R I N G , L L C © 2 0 2 0 ( M: \ P r o j e c t s \ L - M o s t a g h a s i I n v e s t m e n t \ E m p i r e \ 0 4 - C I V I L \ 0 1 - D W G \ 0 3 - W W P L A N \ C 6 6 1 0 - C O C C W A S T E W A T E R D E T A I L S . d w g ) PH O N E : 3 6 1 - 9 4 6 - 4 8 4 8 16 0 8 S . B R O W N L E E B O U L E V A R D CO R P U S C H R I S T I , T E X A S 7 8 4 0 4 AS N O T E D AP R I L 2 0 2 0 RR TT RM I I I 190026-B 04/07/2020 ST A N D A R D W A S T E W A T E R DE T A I L S ( 1 O F 4 ) FRP INSERT REHABILITATION OF EXISTING MANHOLE FRP INSERT PIPE SEAL DETAIL SECTION OF RING & COVER COVER PLAN VIEW RING & COVER APPROVED LIST EM P I R E S U B D I V I S I O N OF F - S I T E W A S T E W A T E R I M P R O V E M E N T S JOB NO. CI V I L S T R U C T U R A L M A R I N E TO P O G R A P H I C S U R V E Y I N G TB P E F I R M N o . F - 1 2 2 4 0 C-561 DR A W N B Y : CH K B Y : AP P B Y : SC A L E : DA T E : R E V I S I O N S DA T E AP P R BY DE S C R I P T I O N NO . MU N O Z E N G I N E E R I N G , L L C © 2 0 2 0 ( M: \ P r o j e c t s \ L - M o s t a g h a s i I n v e s t m e n t \ E m p i r e \ 0 4 - C I V I L \ 0 1 - D W G \ 0 3 - W W P L A N \ C 6 6 1 0 - C O C C W A S T E W A T E R D E T A I L S . d w g ) PH O N E : 3 6 1 - 9 4 6 - 4 8 4 8 16 0 8 S . B R O W N L E E B O U L E V A R D CO R P U S C H R I S T I , T E X A S 7 8 4 0 4 AS N O T E D AP R I L 2 0 2 0 RR TT RM I I I 190026-B 04/07/2020 ST A N D A R D W A S T E W A T E R DE T A I L S ( 2 O F 4 ) SERVICE CONNECTION NOTES: SERVICE CONNECTION DETAILS BOLLARD DETAIL DEEP CUT SERVICE CONNECTION FRONT VIEW SIDE VIEW STANDARD SERVICE MARKER TYPICAL CAST IRON CLEAN-OUT BOOT SECTION B-B PLAN SECTION A-A CLEAN-OUT BOOT EM P I R E S U B D I V I S I O N OF F - S I T E W A S T E W A T E R I M P R O V E M E N T S JOB NO. CI V I L S T R U C T U R A L M A R I N E TO P O G R A P H I C S U R V E Y I N G TB P E F I R M N o . F - 1 2 2 4 0 C-562 DR A W N B Y : CH K B Y : AP P B Y : SC A L E : DA T E : R E V I S I O N S DA T E AP P R BY DE S C R I P T I O N NO . MU N O Z E N G I N E E R I N G , L L C © 2 0 2 0 ( M: \ P r o j e c t s \ L - M o s t a g h a s i I n v e s t m e n t \ E m p i r e \ 0 4 - C I V I L \ 0 1 - D W G \ 0 3 - W W P L A N \ C 6 6 1 0 - C O C C W A S T E W A T E R D E T A I L S . d w g ) PH O N E : 3 6 1 - 9 4 6 - 4 8 4 8 16 0 8 S . B R O W N L E E B O U L E V A R D CO R P U S C H R I S T I , T E X A S 7 8 4 0 4 AS N O T E D AP R I L 2 0 2 0 RR TT RM I I I 190026-B 04/07/2020 ST A N D A R D W A S T E W A T E R DE T A I L S ( 3 O F 4 ) TRENCH BACKFILL FOR WASTEWATER LINES AND PAVEMENT REPAIR FOR UTILITIES GENERAL NOTES FOR BACKFILL UNPAVED AREAS PAVED AREAS *NOTE: PER CITY ORD. 030040 ARTICLE III CUTS AND EXCAVATIONS, A PERMIT FROM CITY DEVELOPMENT SERVICES DEPARTMENT IS REQUIRED FOR ALL UTILITY STREET CUTS. THE INSTALLATION OF A UTILITY THAT CROSSES THE ROW AT A PERPENDICULAR OR NEAR PERPENDICULAR ANGLE AND HAS AN O.D. OF 6” OR LESS WILL NOT BE PERMITTED TO BE INSTALLED BY CUTTING THE ROAD SECTION. ANY UTILITY RELATED STREET EXCAVATION/CUT SHALL INCLUDE REPAIR OF NOT ONLY THE IMPACTED TRENCH, BUT ALSO A FULL LANE OVERLAY/PAVEMENT REPAIR FOR PARALLEL CUTS OR 12' WIDE FOR PERPENDICULAR CUTS ON ASPHALT STREETS, AND FULL PANEL REPLACEMENT ON CONCRETE STREETS. A SITE SPECIFIC PAVEMENT CUT AND RESTORATION PLAN THAT INDICATES THE GENERAL NATURE OF THE PAVEMENT AND ROADWAY TO BE CUT AND RESTORED, THE EXISTING PAVEMENT SECTION (IF KNOWN), THE LOCATION AND APPROXIMATE AREA OF THE EXCAVATION/PAVEMENT REPAIR, INCLUDING THE APPROXIMATE LENGTH AND WIDTH OF THE PAVEMENT REPAIR IN RELATION TO THE ROADWAY TRAVEL LANE(S), MUST BE INCLUDED IN THE DRAWINGS/PERMIT APPLICATION. * EM P I R E S U B D I V I S I O N OF F - S I T E W A S T E W A T E R I M P R O V E M E N T S JOB NO. CI V I L S T R U C T U R A L M A R I N E TO P O G R A P H I C S U R V E Y I N G TB P E F I R M N o . F - 1 2 2 4 0 C-563 DR A W N B Y : CH K B Y : AP P B Y : SC A L E : DA T E : R E V I S I O N S DA T E AP P R BY DE S C R I P T I O N NO . MU N O Z E N G I N E E R I N G , L L C © 2 0 2 0 ( M: \ P r o j e c t s \ L - M o s t a g h a s i I n v e s t m e n t \ E m p i r e \ 0 4 - C I V I L \ 0 1 - D W G \ 0 3 - W W P L A N \ C 6 6 1 0 - C O C C W A S T E W A T E R D E T A I L S . d w g ) PH O N E : 3 6 1 - 9 4 6 - 4 8 4 8 16 0 8 S . B R O W N L E E B O U L E V A R D CO R P U S C H R I S T I , T E X A S 7 8 4 0 4 AS N O T E D AP R I L 2 0 2 0 RR TT RM I I I 190026-B 04/07/2020 ST A N D A R D W A S T E W A T E R DE T A I L S ( 4 O F 4 ) 7B SLOUGH CR 7B AMETHYST AMETRINE TOPAZAQUAMARINE GARNET EAST LAKE LAS BAHIAS SAPPHIRE FREDS FOLLY TANZANITE SOUTH LAKE TOURMALINE WOODHOUSE YORKTOWN BLVD GLENOAK DRRAMFIELD RD WALDRON RD YORKTOWNCIMARRON BLVDEVERHART RD RODD FIELD RD SARATOGA BLVD SH 358 WOOLDRIDGE RD YORKTOWN CIMARRON BLVD GLENOAK DR HOLLY RD µ 0 1,000500Feet LOCATION MAP Date Created: 5/29/2020Prepared By: ReyRDepartment of Development Services SUBJECTPROPERTYEmpire Subdivision Location Map Reimbursement Agreement with Mostaghasi Enterprises, LLC Reimbursement Agreement September 15, 2020 2 Location Map 3 Project Map 10-inch collection Line Empire Subdivision property 4 Recommendation Approval The reimbursement agreement is in accordance with UDC Section 8.5.2 Wastewater Trust Fund. The applicant has paid the required processing fee for the reimbursement agreement. 5 Wastewater Master Plan 10-inch wastewater line Subject property 6 Preliminary Plat DATE: August 3, 2020 TO: Peter Zanoni, City Manager FROM: Annette Rodriguez, M.P.H., Director of Public Health Annetter@cctexas.com 361.826.7205 CAPTION: 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. SUMMARY: To provide funds for personnel costs, supplies and other expenses for the WIC Program that provides supplemental foods, health care referrals, and nutrition education for eligible low-income pregnant, breastfeeding, and non-breastfeeding postpartum women, and to infants and children up to age five who are found to be at nutritional risk within the State of Texas. BACKGROUND AND FINDINGS: Population Served: The WIC target population are low-income, nutritionally at risk: Pregnant women (through pregnancy and up to 6 weeks after birth) Breastfeeding women (up to infant’s 1st birthday) Non breastfeeding postpartum women (up to 6 months after the birth of an infant) Infants (up to 1st birthday) WIC serves 53 percent of all infants born in the United States Children up to their 5th birthday Filled Positions: 1 Program Manager-FT, 3 Nutritionist-FT, 1 Registered Dietitian-FT, 3 Community Service Aide- FT, 2 Lactation Peer Counselor-FT Vacant Positions: 1 Sr. Account Clerk-FT, 6 Community Service Aide-FT, 1 Adm Support II-FT, 1 Lactation Peer AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of September 15, 2020 Second Reading Ordinance for the City Council Meeting of September 22, 2020 Acceptance and appropriation of the Women, Infants and Children (WIC) grant contract in the amount of $1,006,829.00 for the period 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 The WIC grant supports 21 positions. Counselor-FT, 1 Lactation Peer Consultant-PT, 1 Custodian-PT ALTERNATIVES: Refuse the grant, reject the 1,006,829.00 and lose the WIC program. FISCAL IMPACT: The WIC grant will not have a fiscal impact for 2021 to the general fund, this grant is 100% grant funded and this funding will pay for WIC salaries and operations. Funding Detail: Fund: 1066 Health Grants paid by Department of State Health Services Organization/Activity: 831321F Mission Element: 106 Conduct Health Education Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Contract No. HHS000802100001 Notice of Award Ordinance 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. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1: The City Manager or designee is authorized to execute all documents necessary to accept and appropriate a grant from the Health and Human Services Commission in the amount of $1,006,829.00, for the contract period of October 1, 2020, through September 30, 2025. Section 2: The proposed personnel complement of 21 positions is authorized for carrying out aspects of the approved contract Section 3: The City Manager or designee is authorized to execute any future amendments to the grant contract which extend the contract period or increase or decrease the amount of the grant. Section 6: Each fiscal year, should funding be awarded, upon execution of the grant agreements, that the grant funds awarded by Health and Human Services Commission for the WIC program shall be deemed appropriated in the No. 1066 Health Grants Fund for the WIC program and said funds may be spent by the Corpus Christi Nueces County Public Health District for their intended purposes upon receipt of funding. Section 7: That the City Manager is authorized to execute contract amendments pertaining to these funds in the following instances: a) carry-over funds, when ascertained and approved by the funding agency through a revised notice of award; b) amendments which will provide supplemental grant funds; c) reimbursement increases of administration funds for each participant served; d) amendments to comply with applicable State or Federal laws and regulations; and e) amendments which do not change the essential purpose of the grant. Section 8: A copy of the executed grant shall be filed in the office of the City Secretary. 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 _________________, 2019. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor P.O. Box 13247 • Austin, Texas 78711-3247 • 512-424-6500 • hhs.texas.gov June 22, 2020 Kathrine Galvan, WIC Director Corpus Christi - Nueces County Public Health District (City), LA #038 1702 Horne Rd Corpus Christi, TX 78416 RE: Health and Human Services Commission (HHSC) Women, Infants and Children (WIC) Local Agency Contract #HHS000802100001. CFDA Grant 10-557 Awarding Agency/Contact United States Department of Agriculture FNS Southwest Regional Office Food and Nutrition Service 1100 Commerce Street Room 522 Dallas, TX 75242-9980 (214) 290-9810 This is a notification of your organization’s FY 2021 (October 1, 2020 to September 30, 2021) WIC Local Agency funding. Your organization will be receiving funding as listed below: Funding Formula Rate (FFR): $15.08 Project Project Contact Project Total ($) Type of Allocation Admin Nutrition Education Breastfeeding General Admin Funding Elsa Rodriguez Elsa.Rodriguez2@hhsc.state.tx.us 802,324 X X X Peer Counselor Asia Sartor Asia.Sartor@hhsc.state.tx.us 84,469 X Registered Dietitian Stephanie Holland Stephanie.Holland1@hhsc.state.tx.us 42,000 X X X Lactation Services Neesha Bukht Neesha.Bukht@hhsc.state.tx.us 7,200 X Kathrine Galvan June 22, 2020 Page 2 Project Project Contact Project Total ($) Type of Allocation Admin Nutrition Education Breastfeeding SNAP-Ed Program - Nutritional Education Juliette Coronado Juliette.Coronado@hhsc.state.tx.us 10,000 X Extra Funding – Summer Food Prog Jennifer Berringer Jennifer.Berringer@hhsc.state.tx.us 4,516 X Extra Funding – Improving Participant Experience/ Clinic Kara Nemethy Kara.Nemathy@hhsc.state.tx.us 50,500 X Extra Funding – TXIN Internet Cindy Varnador Cindy.Varnador@hhsc.state.tx.us 5,820 X Funding Total $1,006,829 This notice does not relieve the agency from seeking additional approvals as required by WIC Policy. All purchases must be in compliance with WIC policies and the Uniform Grant Management Standards. For HHSC to track local agency expenditures, please submit a separate State of Texas Purchase Voucher (Invoice) for reimbursement of actual allowable costs associated with each project. When submitting the Extra Funding voucher, include all Extra Funding Projects expenses onto one State of Texas Purchase Voucher. Identify the Project by listing the Project name on the Unit Price Column and its corresponding expense on the Amount Column on the face of the voucher. Example: TXIN Internet | $500.00. When submitting the SNAP-ED funding voucher, include all SNAP-Ed Projects expense onto one State of Texas Purchase Voucher. Identify the Project name on the Unit Price Column and the corresponding expense on the Amount Column on the face of the voucher. Example: SNAP-Ed NE | $350.00. If the allocation amounts on special projects are exceeded, any subsequent amount billed will be charged to your administrative WIC Funding. For questions regarding purchase requests, please contact Belinda Saunders at WICLARequests@hhsc.state.tx.us. Kathrine Galvan June 22, 2020 Page 3 For questions regarding funding concerns, please contact Cindy Varnador at Cindy.Varnador@hhsc.state.tx.us. If you have any questions or require additional information regarding your special projects, please use the project contact information listed above. Sincerely, Edgar Curtis Director Texas WIC Cc: Annette Rodriguez, MPH Director of Public Health HHSC Contract #HHS000802100001 Page 1 of 4 HHSC Grant - v 2.14 Effective: May 1, 2019 SIGNATURE DOCUMENT FOR HEALTH AND HUMAN SERVICES COMMISSION CONTRACT NO. HHS000802100001 UNDER THE WOMEN, INFANTS AND CHILDREN’S NUTRITION GRANT PROGRAM I. PURPOSE The Health and Human Services Commission (“HHSC” or “System Agency”), a pass-through entity, and Corpus Christi-Nueces County Public Health District (City) (“Grantee”) (each a “Party” and collectively the “Parties”) enter into the following grant contract to provide funding for the Women, Infants and Children’s Nutrition Program (the “Contract”). II. LEGAL AUTHORITY This Contract is authorized by and in compliance with the provisions of 42 U.S.C. § 1786, 7 CFR Part 246, and Chapter 32 of the Texas Health & Safety Code. III. DURATION The Contract is effective on October 01, 2020, and terminates on September 30, 2025, unless renewed, extended, or terminated pursuant to the terms and conditions of the Contract. Notwithstanding the limitation in the preceding sentence, System Agency, at its sole discretion, also may extend the Contract beyond five years as necessary to ensure continuity of service, for purposes of transition, or as otherwise determined by System Agency to serve the best interest of the State. IV. BUDGET HHSC will issue an annual funding letter (“Notice of Award”) to Grantee by July 1 setting the award amount for the corresponding fiscal year. HHSC will notify Grantee of any changes to annual funding amounts by issuing a revised Notice of Award. Grantee acknowledges and understands awards under this Contract are subject to federal funding to HHSC to facilitate the WIC program All expenditures under the Contract will be in accordance with ATTACHMENT A, STATEMENT OF WORK. Indirect Cost Rate: The Grantee’s acknowledged or approved Indirect Cost Rate (ICR) and either the ICR Acknowledgement Letter, ICR Acknowledgement Letter – Ten Percent De Minimis, or the ICR Agreement Letter is incorporated into this contract by reference. If the System Agency, at its sole discretion, approves or acknowledges an updated indirect cost rate, the new rate, together with the revised ICR Acknowledgement Letter, ICR Acknowledgement Letter – Ten Percent De Minimis, or the ICR Agreement Letter, will be incorporated into this contract by reference. DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B HHSC Contract #HHS000802100001 Page 2 of 4 HHSC Grant - v 2.14 Effective: May 1, 2019 V. CONTRACT REPRESENTATIVES The following will act as the representative authorized to administer activities under this Contract on behalf of their respective Party. System Agency Grantee Health and Human Services Commission Corpus Christi-Nueces County Public Health District (City) P.O. Box 149347 1702 Horne Rd. Austin, TX 78714-9347 Corpus Christi, TX 78416 Attention: Cynthia Wright, HHSC Contract Manager Attention: Annette Rodriguez, Director of Public Health cynthia.wright@hhsc.state.tx.us annetter@cctexas.com VI. LEGAL NOTICES Any legal notice required under this Contract shall be deemed delivered when deposited by the System Agency either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required, to the appropriate address below: System Agency Grantee Health and Human Services Commission Corpus Christi-Nueces County Public Health District (City) 4900 N. Lamar Blvd., Mail Code 1100 1702 Horne Rd. Austin, TX 78751-2316 Corpus Christi, TX 78416 Attention: Office of Chief Counsel Attention: Annette Rodriguez, Director of Public Health VII. NOTICE REQUIREMENTS Notice given by Grantee will be deemed effective when received by the System Agency. Either Party may change its address for notices by providing written notice to the other Party. All notices submitted to System Agency must: A. include the Contract number; B. be sent to the person(s) identified in the Contract; and, C. comply with all terms and conditions of the Contract. VIII. ADDITIONAL GRANT INFORMATION A. Grantee Data Universal Numbering System (DUNS) Number: 80-678-1373 B. Catalog of Federal Domestic Assistance (CFDA) Name and Number: • Name - Number: 10-557 Special Supplemental Nutrition Program for Women, Infants & Children (FOOD, ADMIN and PEER) • Name - Number: 10-561 Supplemental Nutrition Assistance Program C. Federal Award Period: October 1, 2020 to September 30, 2021 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B HHSC Contract #HHS000802100001 Page 3 of 4 HHSC Grant - v 2.14 Effective: May 1, 2019 D. Name of Federal Awarding Agency: United States Department of Agriculture (USDA) - Food and Nutrition Service (FNS) E. Awarding Official Contact Information: FNS Southwest Regional Office Food and Nutrition Service 1100 Commerce Street Room 522 Dallas, TX 75242-9980 (214) 290-9810 SIGNATURE PAGE FOLLOWS DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B HHSC Contract #HHS000802100001 Page 4 of 4 HHSC Grant - v 2.14 Effective: May 1, 2019 SIGNATURE PAGE FOR SYSTEM AGENCY CONTRACT NO. HHS000802100001 HEALTH & HUMAN SERVICES COMMISSION CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) _____________________________________ Signature: ___________________________ Printed Name: ________________________ Title: _______________________________ Date of Signature: ______________________ Date of Signature: _____________________ THE FOLLOWING ATTACHMENTS TO SYSTEM AGENCY CONTRACT NO. HHS000802100001 ARE INCORPORATED BY REFERENCE: ATTACHMENT A – STATEMENT OF WORK ATTACHMENT B – UNIFORM TERMS AND CONDITIONS - GRANT ATTACHMENT C – CONTRACT AFFIRMATIONS ATTACHMENT D – SPECIAL/SUPPLEMENTAL CONDITIONS ATTACHMENT E – FEDERAL ASSURANCES AND CERTIFICATIONS ATTACHMENT F – FFATA ATTACHMENT G – DATA USE AGREEMENT ATTACHMENTS FOLLOW DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Annette Rodriquez Health Director ATTACHMENT A STATEMENT OF WORK System Agency Contract #HHS000802100001 Page 1 of 11 I. GRANTEE RESPONSIBILITIES Grantee will: 1.1 Perform professional, administrative and clerical services necessary to determine eligibility, provide food benefits, and provide appropriate nutrition education and counseling to qualified women, infants and children in a specified geographic area. Grantee shall ensure adequate staff coverage and uninterrupted delivery of services. Services shall be performed according to the statutes, rules, policies, and directives of the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) and/or as directed by the United States Department of Agriculture (USDA) as referenced in this Contract. During the term of this Contract, the USDA may issue regulations, instructions, policies and/or directives, which may be incorporated into the current System Agency WIC Program Policy and Procedures Manual and program rules. 1.2 Determine eligibility of applicants through assessment of their categorical criteria, income, residence and nutritional status, and provide nutrition education and counseling to eligible participants. 1.3 Review the immunization records of WIC Program applicants/participants to ensure that immunizations are current. Make appropriate referrals to health care providers for necessary immunizations according to WIC Program policy. 1.4 Determine participants’ access to health care, medical care and other human services, and make appropriate referrals. Grantee shall have a system in place to provide participants with appropriate health services or make appropriate referrals to health care providers under written agreements that ensure confidentiality of participants’ personal information. 1.5 Issue pre-numbered WIC Electronic Benefit Transfer (EBT) cards furnished by System Agency to qualified participants who shall use such EBT cards to obtain specified food items from participating vendors; maintain complete accountability and security of all WIC EBT cards received from System Agency. Grantee shall be held financially responsible for all unaccounted WIC EBT cards and/or for the redeemed value of those issued to ineligible participants. In addition, Grantee shall be held financially liable for issuance of infant formula instruments that are not authorized or prescribed according to the System Agency WIC Policy and Procedures Manual. 1.6 Provide services within the state boundaries of Texas and in the approved clinic locations described in Grantee’s approved application which is incorporated herein by reference and made a part of this Contract. 1.7 Appoint a Grantee WIC Director/Supervisor. DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B ATTACHMENT A STATEMENT OF WORK System Agency Contract #HHS000802100001 Page 2 of 11 1.8 Offer services during extended hours of operation outside the traditional times of 8:00 a.m. to 5:00p.m., Monday through Friday, according to the Grantee’s System Agency-approved Annual Plan of Operations, which incorporated by reference and made a part of this Contract. 1.9 Assist System Agency or USDA in the collection of data that will identify benefits of this nutrition intervention program and furnish financial, health, nutrition education and any other special reports in a timely manner as required by System Agency’s WIC Program policies and procedures for the compilation of such data. 1.10 Become and maintain designation as a Mother-Friendly Worksite in accordance with 25 Tex. Admin. Code§ 31.1. 1.11 Implement or expand Grantee Breastfeeding Peer Counseling program to provide training and salary of peer counselors who assist pregnant and breastfeeding WIC program participants in normal breastfeeding situations. Provide clients with after- hours peer counseling services. Funding for this activity will be contingent on availability and written approval by System Agency. 1.12 If selected by the System Agency, implement or expand Grantee Breastfeeding Peer Dad Program. A. The Peer Dad Program is separate from the Peer Counselor program. B. If selected, Grantee shall submit to System Agency for review and approval a quarterly activity report in a format designated by System Agency. The activity report shall include goals and objectives, strategies, activities, timeline of events and performance measures for implementing and evaluating the program. Grantee shall submit the activity report to System Agency within thirty (30) calendar days after the end of each quarter during the Contract term. 1.13 Stock System Agency provided manual pumps, single-user electric breast pumps and multi-user electric breast pumps, collection kits, and purchase additional sized flanges. Distribute the appropriate pumps, kits, and/or additional sized flanges to eligible WIC participants. System Agency reserves the right to withhold payment if Grantee fails to accurately complete and submit online breast pump receiving reports within three (3) business days of receiving a System Agency breast pump delivery as documented in the current WIC Local Agency policy and procedure manual. 1.14 Implement or expand Grantee’s use of a Registered Dietitian (RD) who is registered with the Commission on Dietetic Registration to provide for Grantee that includes, but not limited to: high-risk individual counseling, developing and conducting facilitated discussion nutrition education classes, consultation regarding the appropriate issuance of special formulas, nutrition publications and visual aids for on the job use, implementing staff training, assisting with the Annual Nutrition Education and Breastfeeding plan, and plan and assist with special projects. DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B ATTACHMENT A STATEMENT OF WORK System Agency Contract #HHS000802100001 Page 3 of 11 1.15 Train Local Agency staff. The term “Local Agency” is defined at 7 CFR § 246.2. 1.16 Develop an Outreach and Retention Plan and submit to the System Agency as part of the annual Nutrition and Breastfeeding Plan as required by WIC Local Agency Policy. Conduct outreach to potential participants and community partners and implement strategies to retain existing participants in accordance with Grantee outreach plan. 1.17 Complete surveys as requested. 1.18 Provide all WIC local agency employees providing services to WIC clients, a computer that has access to the WIC Management Information System (MIS) system and meets requirements set by the Texas WIC program. 1.19 Coordinate with System Agency to visit the physical address of a proposed grocery store outlet and determine if a store exists at the specified location and confirm the signage closely matches the indicated store name, if signage is present. Grantee shall send System Agency an email correspondence indicating findings on a form provided by System Agency, within five (5) business days of receipt of the form. 1.20 Resolve all possible dual participation records anytime the “duplicate detection” grid appears in the MIS. System Agency reserves the right to withhold payment if Grantee fails to accurately resolve all possible dual participation at the time of certification. 1.21 Implement special projects according to System Agency-approved plan related to nutrition education, outreach or breastfeeding if project is requested by Grantee and approved by System Agency. Funding for special projects is contingent upon availability and approval in writing by System Agency of the Grantee’s plan for the special project. 1.22 If selected by System Agency, provide meals to WIC participants as part of the WIC Summer Food Service Pilot Program in collaboration with the Texas Department of Agriculture (TDA) as follows: A. Implement WIC Summer Food Service Pilot Program according to System Agency-approved plan. B. Submit meals served data to Contracting Entity (CE), a designated TDA contractor, in a frequency and format designated by the CE. C. Submit requested updates and/or reports to System Agency in a frequency and format designated by System Agency. 1.23 Implement lactation services for WIC program participants who have breastfeeding problems that are beyond the scope of practice of Grantee’s WIC staff and/or peer counselors using International Board-Certified Lactation Consultants (IBCLC) or DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B ATTACHMENT A STATEMENT OF WORK System Agency Contract #HHS000802100001 Page 4 of 11 the most qualified equivalent. Lactation services may also include Local Agency staff training and the provision of lactation equipment. System Agency will provide written approval of Grantee’s plan to use lactation funding. 1.24 If selected by System Agency, serve as: A. A lactation center for WIC program mothers with breastfeeding problems as outlined by System Agency; B. A training center for WIC local agency staff and other health providers to receive clinical experience working with breastfeeding mothers; and C. A statewide Lactation Resource Center for health providers to utilize for information and assistance when working with pregnant and breastfeeding women. To serve as the Lactation Resource Center Grantee must: 1. Provide counseling services (to include in-person, phone, web-cam, and email consults) to at least 1000 breastfeeding mothers at Grantee’s location every fiscal year. 2. Ensure at least 40 students (i.e. WIC staff, dietetic interns, residents, nurses) complete the Clinical Lactation Practicum or other breastfeeding training at Grantee’s location. 3. Provide community education and track outreach activities to promote and support breastfeeding and the use of the lactation center in the community. 4. Submit quarterly activity reports within thirty (30) calendar days after the end of each quarter of this Contract, in a format designated by System Agency. Activity reports will include, Grantee’s activities to meet requirements stated within this section. 1.25 Ensure adequate staff coverage and uninterrupted delivery of WIC services if any member of Grantee’s staff is approved in writing by System Agency to participate in the System Agency's dietetic Internship program. This internship will consist of no less than 1,200 hours of supervised learning experiences in a variety of nutrition-related facilities. Grantee is responsible for: A. Designating a WIC Nutritionist, preferably a registered dietitian, to be the Community Nutrition WIC Preceptor and oversee and evaluate intern’s performance for the Community Nutrition (CN)/WIC portion of the System Agency dietetic internship. B. The Community Nutrition Preceptor to ensure that the dietetic interns meet all requirements, standards and required supervised practice hours for the CN Supervised Practice as outlined by the System Agency’s WIC Program. C. Ensuring that the intern is not used for regular WIC duties during the internship period. DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B ATTACHMENT A STATEMENT OF WORK System Agency Contract #HHS000802100001 Page 5 of 11 D. Collecting pay-back monies from intern in the event that the intern does not fulfill dietetic internship local agency contract requirements. Monies must be returned to System Agency. 1.26 If selected by System Agency, implement or expand SNAP-Education (SNAP-Ed) projects. Snap-Ed projects will focus on obesity prevention, nutrition education or breastfeeding friendly community initiatives, or peer counselor services for Supplemental Nutrition Assistance Program (SNAP) and WIC eligible populations within the community. If selected, grantee shall appoint a project coordinator to oversee the implementation and evaluation of each initiative; participate in activities as requested by System Agency, including but not limited to, reports including budget status and evaluation results, collaboration on articles, participation in sharing sessions; follow the Snap-Ed guidance related to allowable costs for approved Snap-Ed projects; collect data and submit all requested reports in a frequency and format designated by Snap-Ed and System Agency for review and approval. 1.27 If selected by System Agency, implement or expand the Improving Participant Experience (IPE) initiative and strategies to improve the client experience and alleviate client “pain points,” thus improving the quality of services and client satisfaction. This may include clinic improvements or other improvements. A. Grantee shall submit proposed initiatives and required reports in a frequency and format designated by System Agency for review and approval. B. Grantee shall appoint a project coordinator to oversee the implementation and evaluation of each initiative. C. Grantee shall participate in activities as requested by System Agency, including but not limited to, writing news articles, submitting mid-year and end of year reports and participating in sharing sessions. D. Grantee shall spend funds related to clinic improvements on items that meet the Texas WIC Design Guidelines and Catalog or have received approval from the System Agency. 1.28 If selected by System Agency, serve as an Innovation Center to implement innovative approaches in nutrition education, with a focus on behavior change and retention projects as proposed to System Agency. Grantee shall designate an Innovation Lead based on requirements from System Agency who is responsible for overseeing local agency training, support, and evaluation on innovative concepts for clinic staff in addition to the implementation and evaluation of Innovation Center projects. DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B ATTACHMENT A STATEMENT OF WORK System Agency Contract #HHS000802100001 Page 6 of 11 Grantee shall participate in additional activities as requested by System Agency, including but not limited to, observation and training on innovative techniques to staff from other WIC local agencies, collaboration on articles, reports including budget status and results, evaluation of innovative techniques, workgroup meetings at System Agency, and presentations at the Texas WIC Nutrition and Breastfeeding Conference. Grantee projects will comply with written Innovation Center plan submitted and approved by System Agency which is incorporated by reference. Grantee will submit reports in a frequency and in a format designated by System Agency. 1.29 If selected by System Agency, provide services to assist other WIC local agencies with management of participation growth, including, but not limited to, scheduling participants, clinic flow, and utilization of clinic space. Services are to include the following: A. Consultation with local agency staff regarding placement of equipment, clinic scheduling, clinic reconfiguration, changes in patient flow, and revision of staff duties; B. Visits to local agency sites to ensure that changes are successfully implemented and to advise and make recommendations as needed; C. Evaluation and assistance to WIC local agencies with processing applicants within federal timeframes; D. Additional duties not listed but deemed necessary by either the local agency or System Agency; E. Submit reports to System Agency in a format and frequency designated by System Agency documenting services provided to local agencies and local agency clinic efficiency; and F. Consult with System Agency concerning design and implementation of a new computerized system for administering and tracking WIC program activity. 1.30 If selected by System Agency, Grantee will provide women’s health, infant mortality, and WIC education and outreach in designated regions. These services to include the following: A. Schedule WIC training for all Community Health Workers who shall attend at least one (1) training session per fiscal year; and B. Oversee Community Health Workers in conducting education and outreach at, but not limited to, libraries, parent groups, schools, churches, businesses, health fairs, WIC clinics, etc., to educate potentially eligible persons about the benefits of the WIC Program including nutrition education, breastfeeding support, and supplemental foods, and the location of WIC clinics. C. Submit requested updates and/or reports to System Agency in a frequency and format designated by System Agency for review and approval. DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B ATTACHMENT A STATEMENT OF WORK System Agency Contract #HHS000802100001 Page 7 of 11 1.31 If selected by System Agency, provide WIC outreach utilizing a subcontracted entity for a designated area of the state. Subcontracted WIC program outreach services to include: A. Educate potentially eligible persons about the benefits of the WIC Program, including nutrition education, breastfeeding support and supplemental foods; B. Provide WIC application and appointment assistance; C. Promote WIC services at community events and through local media; D. Provide Medicaid, Food Stamps and Texas Temporary Assistance for Needy Families (TANF) application assistance to WIC participants; E. Track and reporting case outcome determination; including persons referred to WIC who subsequently participate in the WIC program; and F. Provide WIC clients and applicants with appointment reminders. G. Require at a minimum, one (1) in-person training per federal fiscal year (FFY) for all subrecipient subcontractor staff providing WIC program services outreach. Grantee will submit to System Agency training content for review and approval upon request. H. Provide System Agency with Grantee and Grantee subcontractor activity reports in the frequency and format designated by System Agency. I. Grantee shall maintain and provide to System Agency upon request, written policies and procedures for monitoring subrecipient subcontractors for both financial and programmatic performance. J. Grantee shall submit to System Agency upon request, results of ongoing monitoring and corrective actions in a format and frequency designated by System Agency. K. Grantee shall ensure a signed Data Use form is signed for every contract term and that all client and potential client identifying information forwarded to the subrecipient subcontractor is used only for the purposes stated in this section. 1.32 If selected by System Agency, serve as a Regional Training and Conference center for the Texas WIC program and the United States Department of Agriculture (USDA) staff. A. In addition to training implemented by Grantee, the Regional Training and Conference Center shall be used as a central site for conducting routine System Agency. B. Training center staff may be requested to develop specific courses as designated by the System Agency. DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B ATTACHMENT A STATEMENT OF WORK System Agency Contract #HHS000802100001 Page 8 of 11 C. Training center staff may be required to travel to other agencies/sites to conduct trainings at the System Agency’s request. D. Grantee shall submit proposed courses, initiatives and required reports in a frequency and format designated by System Agency for review and approval. E. The Regional Training and Conference Center will also be available for satellite video conferencing as needed by System Agency, USDA, and WIC local agencies. II. PERFORMANCE MEASURES The System Agency will monitor the Grantee’s performance of the requirements in this Attachment A and compliance with the Contract's terms and conditions. The following performance measures will be used to assess, in part, Grantee’s effectiveness in providing the services described in the Contract, without waiving the enforceability of any of the other terms of the contract. 2.1 Grantee shall ensure: A. Each quarter, an average of less than 5% of families who participate in the WIC Program by receiving food benefits will refuse nutrition education classes at the time of food instrument issuance. B. An average of 20% of all pregnant women who enter the WIC Program each quarter shall be certified as eligible during the period of the first trimester of their pregnancy; C. An average of 80% of clients a quarter who are enrolled in the WIC Program, excluding dual participants, transfer locked and/or migrant clients, shall participate as food benefit recipients each month (breast-feeding infants are also included in the client count); and D. 100% of participants who indicate during the enrollment process for the WIC Program that they have no source of health care shall be referred to an appropriate service. E. An average customer satisfaction percentage of no more than 10% below the statewide average. III. INVOICE AND PAYMENT 3.1 HHSC will send Grantee an annual funding letter (“Notice of Award”) setting the award amount for the corresponding fiscal year. Annual and funding adjustment Notices of Award will be incorporated into this Contract by reference. DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B ATTACHMENT A STATEMENT OF WORK System Agency Contract #HHS000802100001 Page 9 of 11 3.2 Grantee will request monthly payments using the State of Texas Purchase Voucher (invoice) and submit with any supporting documentation by electronic mail to HHSC WIC Program Services Branch at WicVouchers@hhsc.state.tx.us. A. Grantee shall indicate separately on the face of the State of Texas Purchase Voucher (invoice), the costs associated with nutrition education, breast-feeding, and other administrative costs. 3.3 Grantee shall submit a separate State of Texas Purchase Voucher (Invoice) for reimbursement of actual allowable costs associated with each special project. 3.4 Grantee will submit Financial Status Reports (FSR) by electronic mail to HHSC WIC Program Services Branch at WicVouchers@hhsc.state.tx.us by the last business day of the month following the end of each quarter of the Contract term for review and financial assessment. 3.5. Grantee will be paid on a cost categorical basis and in accordance with the terms of this Contract. 3.6 In order to claim indirect costs, Grantee must have an approved indirect cost rate or elect to use the de Minimis rate by December 31, 2020. The options for indirect cost recovery are as follows: A. Elect to use the de minimis; B. Grantee provides System Agency with an approved negotiated indirect cost rate agreement from a federal or state agency; C. Grantee requests a negotiated rate from a cognizant agency; D. Grantee requests a negotiated rate from System Agency directly; or E. Grantee waives indirect cost recovery. Indirect costs may be restricted or prohibited by legal statute or the grant terms and conditions. Any restrictions that are identified by legal, statute, or grant terms will limit the maximum amount of grant dollars available to recover indirect costs. 3.7 All payments made by System Agency to Grantee under this Contract will be reimbursements subject to the following requirements, conditions and stipulations: A. All categories of costs billed to System Agency and allocation of such costs, shall be in accordance with the Plan to Allocate Direct Costs (PADC) submitted by Grantee and accepted by the System Agency. This document is incorporated in the Contract by reference. B. System Agency will reimburse Grantee for administrative costs incurred when determining eligibility, providing appropriate nutrition education and counseling, issuing WIC Electronic Benefit Transfer (EBT) cards, making DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B ATTACHMENT A STATEMENT OF WORK System Agency Contract #HHS000802100001 Page 10 of 11 participant referrals, vendor evaluation, outreach, start-up costs and general administrative support. C. Administrative costs will be reimbursed based on actual costs, but not to exceed the “maximum reimbursement” based upon the sum of the participants who were issued WIC benefits each month plus infants who do not receive any WIC benefits whose breastfeeding mothers were participants to the extent that the total so derived does not exceed Grantee’s total assigned caseload within any given month. Surplus funds (the amount by which maximum reimbursements exceed actual costs) can be accumulated and carried forward within the Contract term. D. The participant caseload will be assigned by System Agency by giving written notice to Grantee. The participant caseload is subject to change upon written notice to Grantee from System Agency with Grantee’s concurrence. Grantee assumes liability for all food costs resulting from Grantee exceeding its assigned caseload. The number of individuals served in excess of assigned caseload are not to be included in the calculation of earned administrative funds as described below. E. Grantee will be allowed the option of receiving a two (2) month cash advance in accordance with current System Agency's WIC program policy and procedures. F. Grantee surplus encumbered by September 30 shall be billed and vouchers received by System Agency no later than sixty (60) calendar days following the fiscal year. G. Grantee shall identify and document separately not less than 19% of total administrative costs as expenditures directly related to nutrition education and counseling. Nutrition education and counseling expenditures shall be supported by documentation of participant attendance or non-attendance within the WIC Program. H. System Agency will reimburse Grantee for administrative expenses at a rate not greater than 5.26 times the amount of properly documented expenditures for nutrition education and counseling, but not more than is earned based on actual participation not to exceed Grantee’s assigned participant caseload, plus any incentive funds allocated to Grantee by System Agency. I. System Agency will identify annually to Grantee an amount of funds that shall be spent for breastfeeding promotion. The allocation of breast feeding funds to Grantee will be based on Grantee’s proportional share of the statewide combined total of pregnant and breastfeeding participants as reported to System Agency. DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B ATTACHMENT A STATEMENT OF WORK System Agency Contract #HHS000802100001 Page 11 of 11 J. System Agency reserves the right to withhold a proportionate amount of earned administrative funds when evidence exists that nutrition education and/or breastfeeding promotion is not being provided by Grantee, or Grantee is not complying with the provisions of USDA and/or System Agency directives. K. System Agency may provide extended hours funding to Grantee for participants who are provided WIC services outside the normal traditional hours to the extent that federal funding is available. L. System Agency may amend or terminate the Contract if available funds become reduced, depleted, or unavailable during the term of the Contract to the extent that the WIC Program is unable to provide administrative funding at the rate(s) stated in the Notice of Award. System Agency will notify Grantee if a change in funding occurs and Grantee will have sixty (60) days to provide written notice to System Agency with intention to terminate this contract. M. System Agency may, at its sole discretion, pay for additional goods or services, as specified in this attachment, if provided by Grantee during the term of the Contract and not otherwise paid during the Contract term if it is in the best interest of System Agency. If Grantee exceeds the amount of earned administrative funds as stated above, Grantee shall continue to bill System Agency for the services provided. If additional funds become available at a later date for the provision of these services, System Agency may elect to pay Grantee a share of these funds. DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B HHSC Uniform Terms and Conditions Version 2.16 Published and Effective: March 26, 2019 Responsible Office: Chief Counsel Health and Human Services Commission HHSC Uniform Terms and Conditions - Grant Version 2.16.1 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B HHSC Grantee Uniform Terms and Conditions Page 2 of 21 v. 2.16.1 Effective 03/26/2019 TABLE OF CONTENTS ARTICLE I. DEFINITIONS AND INTERPRETIVE PROVISIONS .................................... 4 1.1 Definitions ...................................................................................................................... 4 1.2 Interpretive Provisions .................................................................................................... 6 ARTICLE II. PAYMENT METHODS AND RESTRICTIONS .............................................. 6 2.1 Payment Methods ........................................................................................................... 6 2.2 Final Billing Submission ................................................................................................ 7 2.3 Financial Status Reports (FSRs) ..................................................................................... 7 2.4 Use of Funds ................................................................................................................... 7 2.5 Use for Match Prohibited ............................................................................................... 7 2.6 Program Income ............................................................................................................. 7 2.7 Nonsupplanting............................................................................................................... 8 2.8 Allowable Costs.............................................................................................................. 8 2.9 Indirect Cost Rates ......................................................................................................... 8 ARTICLE III. STATE AND FEDERAL FUNDING ................................................................ 8 3.1 Funding ........................................................................................................................... 8 3.2 No Debt Against the State .............................................................................................. 8 3.3 Debt and Delinquencies .................................................................................................. 8 3.4 Recapture of Funds ......................................................................................................... 8 ARTICLE IV. ALLOWABLE COSTS AND AUDIT REQUIREMENTS ............................. 9 4.1 Allowable Costs. ............................................................................................................ 9 4.2 Audits and Financial Statements .................................................................................. 10 4.3 Submission of Audits and Financial Statements .......................................................... 11 ARTICLE V. AFFIRMATIONS, ASSURANCES AND CERTIFICATIONS ..................... 11 5.1 General Affirmations .................................................................................................... 11 5.2 Federal Assurances ....................................................................................................... 11 5.3 Federal Certifications ................................................................................................... 11 ARTICLE VI. INTELLECTUAL PROPERTY ...................................................................... 11 6.1 Ownership of Work Product ........................................................................................ 11 6.2 Grantees Pre-existing Works ....................................................................................... 12 6.3 Agreements with Employees and Subcontractors ....................................................... 12 6.4 Delivery Upon Termination or Expiration .................................................................. 12 6.5 Survival ........................................................................................................................ 12 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B HHSC Grantee Uniform Terms and Conditions Page 3 of 21 v. 2.16.1 Effective 03/26/2019 ARTICLE VII. RECORDS, AUDIT, AND DISCLOSURE ................................................... 13 7.1 Books and Records ....................................................................................................... 13 7.2 Access to Records, Books, and Documents ................................................................. 13 7.3 Response/Compliance with Audit or Inspection Findings ........................................... 13 7.4 SAO Audit .................................................................................................................... 14 7.5 Confidentiality .............................................................................................................. 14 ARTICLE VIII. CONTRACT MANAGEMENT AND EARLY TERMINATION ............ 14 8.1 Contract Remedies........................................................................................................ 14 8.2 Termination for Convenience ....................................................................................... 14 8.3 Termination for Cause .................................................................................................. 14 ARTICLE IX. MISCELLANEOUS PROVISIONS ................................................................ 15 9.1 Amendment .................................................................................................................. 15 9.2 Insurance ...................................................................................................................... 15 9.3 Legal Obligations ......................................................................................................... 15 9.4 Permitting and Licensure .............................................................................................. 16 9.5 Indemnity ...................................................................................................................... 16 9.6 Assignments ................................................................................................................. 16 9.7 Independent Contractor ................................................................................................ 17 9.8 Technical Guidance Letters .......................................................................................... 17 9.9 Dispute Resolution ....................................................................................................... 17 9.10 Governing Law and Venue ........................................................................................... 17 9.11 Severability ................................................................................................................... 17 9.12 Survivability ................................................................................................................. 18 9.13 Force Majeure ............................................................................................................... 18 9.14 No Waiver of Provisions .............................................................................................. 18 9.15 Publicity ........................................................................................................................ 18 9.16 Prohibition on Non-compete Restrictions .................................................................... 19 9.17 No Waiver of Sovereign Immunity .............................................................................. 19 9.18 Entire Contract and Modification ................................................................................. 19 9.19 Counterparts ................................................................................................................. 19 9.20 Proper Authority ........................................................................................................... 19 9.21 E-Verify Program .......................................................................................................... 19 9.22 Civil Rights ................................................................................................................... 19 9.23 System Agency Data ..................................................................................................... 21 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B HHSC Grantee Uniform Terms and Conditions Page 4 of 21 v. 2.16.1 Effective 03/26/2019 ARTICLE I. DEFINITIONS AND INTERPRETIVE PROVISIONS 1.1 DEFINITIONS As used in this Contract, unless the context clearly indicates otherwise, the following terms and conditions have the meanings assigned below: “Amendment” means a written agreement, signed by the Parties, which documents changes to the Contract other than those permitted by Work Orders or Technical Guidance Letters. “Attachment” means documents, terms, conditions, or information added to this Contract following the Signature Document or included by reference, and made a part of this Contract. “Contract” means the Signature Document, these Uniform Terms and Conditions, along with any Attachments, and any Amendments, or Technical Guidance Letters that may be issued by the System Agency, to be incorporated by reference for all purposes. “Deliverable” means the work product(s), including all reports and project documentation, required to be submitted by Grantee to the System Agency. “Effective Date” means the date agreed to by the Parties as the date on which the Contract takes effect. “Federal Fiscal Year” means the period beginning October 1 and ending September 30 each year, which is the annual accounting period for the United States government. “GAAP” means Generally Accepted Accounting Principles. “GASB” means the Governmental Accounting Standards Board. “Grantee” means the Party receiving funds under this Contract. May also be referred to as "Contractor" in certain attachments. “Health and Human Services Commission” or “HHSC” means the administrative agency established under Chapter 531, Texas Government Code, or its designee. “HUB” means Historically Underutilized Business, as defined by Chapter 2161 of the Texas Government Code. “Intellectual Property Rights” means the worldwide proprietary rights or interests, including patent, copyright, trade secret, and trademark rights, as such right may be evidenced by or embodied in: i. any idea, design, concept, personality right, method, process, technique, apparatus, invention, discovery, or improvement; ii. any work of authorship, including any compilation, computer code, website or web page design, literary work, pictorial work, or graphic work; iii. any trademark, service mark, trade dress, trade name, branding, or other indicia of source or origin; iv. domain name registrations; and v. any other proprietary or similar rights. The Intellectual Property Rights of a Party include all worldwide proprietary rights or interests that the Party may have acquired by assignment, by exclusive license, or by license with the right to grant sublicenses. DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B HHSC Grantee Uniform Terms and Conditions Page 5 of 21 v. 2.16.1 Effective 03/26/2019 “Mentor Protégé” means the Comptroller of Public Accounts’ leadership program found at: http://www.window.state.tx.us/procurement/prog/hub/mentorprotege/. “Parties” means the System Agency and Grantee, collectively. “Party” means either the System Agency or Grantee, individually. “Program” means the statutorily authorized activities of the System Agency under which this Contract has been awarded. “Project” means specific activities of the Grantee that are supported by funds provided under this Contract. “Public Information Act” or “PIA” means Chapter 552 of the Texas Government Code. “Signature Document” means the document executed by both Parties that specifically sets forth all of the documents that constitute the Contract. “Solicitation” or "Request for Applications (RFA)” means the document (including all amendments and attachments) issued by the System Agency under which applications for Program funds were requested, which is incorporated by reference for all purposes in its entirety. “Solicitation Response" or "Application" means Grantee’s full and complete response (including any attachments and addenda) to the Solicitation, which is incorporated by reference for all purposes in its entirety. “State Fiscal Year” means the period beginning September 1 and ending August 31 each year, which is the annual accounting period for the State of Texas. “State of Texas Textravel” means Texas Administrative Code, Title 34, Part 1, Chapter 5, Subchapter C, Section 5.22, relative to travel reimbursements under this Contract, if any. “Statement of Work” means the description of activities performed in completing the Project, as specified in the Contract and as may be amended. “System Agency” means HHSC or any of the agencies of the State of Texas that are overseen by HHSC under authority granted under State law and the officers, employees, authorized representatives and designees of those agencies. These agencies include: HHSC and the Department of State Health Services. “Technical Guidance Letter” or “TGL” means an instruction, clarification, or interpretation of the requirements of the Contract, issued by the System Agency to the Grantee. “Work Product” means any and all works, including work papers, notes, materials, approaches, designs, specifications, systems, innovations, improvements, inventions, software, programs, source code, documentation, training materials, audio or audiovisual recordings, methodologies, concepts, studies, reports, whether finished or unfinished, and whether or not included in the deliverables, that are developed, produced, generated or provided by Grantee in connection with Grantee’s performance of its duties under the Contract or through use of any funding provided under this Contract. “Uniform Grant Management Standards” or “UGMS” means uniform grant and contract administration procedures, developed under the authority of Chapter 783 of the Texas DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B HHSC Grantee Uniform Terms and Conditions Page 6 of 21 v. 2.16.1 Effective 03/26/2019 Government Code, to promote the efficient use of public funds in local government and in programs requiring cooperation among local, state, and federal agencies. 1.2 INTERPRETIVE PROVISIONS A. The meanings of defined terms include the singular and plural forms. B. The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, or schedule of this Contract unless otherwise specified. C. The term “including” is not limiting and means “including without limitation” and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation. D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract. E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract. F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract. G. All Attachments, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract. H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative and each will be performed in accordance with its terms. I. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretion.” J. Time is of the essence in this Contract. ARTICLE II. PAYMENT METHODS AND RESTRICTIONS 2.1 PAYMENT METHODS A. Except as otherwise provided by this Contract, the payment method will be one or more of the following: i. Cost Reimbursement. This payment method is based on an approved budget and submission of a request for reimbursement of expenses Grantee has incurred at the time of the request; ii. Unit rate/fee-for-service. This payment method is based on a fixed price or a specified rate(s) or fee(s) for delivery of a specified unit(s) of service and acceptable submission of all required documentation, forms and/or reports; or iii. Advance payment. This payment method is based on disbursal of the minimum necessary funds to carry out the Program or Project where the Grantee has DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B HHSC Grantee Uniform Terms and Conditions Page 7 of 21 v. 2.16.1 Effective 03/26/2019 implemented appropriate safeguards. This payment method will only be utilized in accordance with governing law, state and federal regulations, and at the sole discretion of the System Agency. B. Grantee shall bill the System Agency in accordance with the Contract. Unless otherwise specified in the Contract, Grantee shall submit requests for reimbursement or payment monthly by the last business day of the month following the month in which expenses were incurred or services provided. Grantee shall maintain all documentation that substantiates invoices and make the documentation available to the System Agency upon request. 2.2 FINAL BILLING SUBMISSION Unless otherwise provided by the System Agency, Grantee shall submit a reimbursement or payment request as a final close-out invoice not later than forty-five (45) calendar days following the end of the term of the Contract. Reimbursement or payment requests received after the deadline may not be paid. 2.3 FINANCIAL STATUS REPORTS (FSRS) Except as otherwise provided, for contracts with categorical budgets, Grantee shall submit quarterly FSRs to System Agency by the last business day of the month following the end of each quarter for System Agency review and financial assessment. Grantee shall submit the final FSR no later than forty-five (45) calendar days following the end of the applicable term. 2.4 USE OF FUNDS Grantee shall expend funds under this Contract only for approved services and for reasonable and allowable expenses directly related to those services. 2.5 USE FOR MATCH PROHIBITED Grantee shall not use funds provided under this Contract for matching purposes in securing other funding without the written approval of the System Agency. 2.6 PROGRAM INCOME Income directly generated from funds provided under this Contract or earned only as a result of such funds is Program Income. Unless otherwise required under the Program, Grantee shall use Program Income, as provided in UGMS Section III, Subpart C, .25(g)(2), to further the Program, and Grantee shall spend the Program Income on the Project. Grantee shall identify and report Program Income in accordance with the Contract, applicable law, and any programmatic guidance. Grantee shall expend Program Income during the Contract term, when earned, and may not carry Program Income forward to any succeeding term. Grantee shall refund Program Income to the System Agency if the Program Income is not expended in the term in which it is earned. The System Agency may base future funding levels, in part, upon Grantee’s proficiency in identifying, billing, collecting, and reporting Program Income, and in using Program Income for the purposes and under the conditions specified in this Contract. DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B HHSC Grantee Uniform Terms and Conditions Page 8 of 21 v. 2.16.1 Effective 03/26/2019 2.7 NONSUPPLANTING Grant funds may be used to supplement existing, new or corresponding programming and related activities. Grant funds may not be used to supplant (replace) existing funds in place to support current programs and related activities. 2.8 ALLOWABLE COSTS Allowable Costs are restricted to costs that comply with the Texas Uniform Grant Management Standards (UGMS) and applicable state and federal rules and law. The Parties agree that all the requirements of the UGMS apply to this Contract, including the criteria for Allowable Costs. Additional federal requirements apply if this Contract is funded, in whole or in part, with federal funds. 2.9 INDIRECT COST RATES The System Agency may acknowledge an indirect cost rate for Grantees that is utilized for all applicable contracts. Grantee will provide the necessary financial documents to determine the indirect cost rate in accordance with the Uniform Grant Guidance (UGG) and Uniform Grant Management Standards (UGMS). ARTICLE III. STATE AND FEDERAL FUNDING 3.1 FUNDING This Contract is subject to termination or cancellation, without penalty to System Agency, either in whole or in part, subject to the availability of state funds. System Agency is a state agency whose authority and appropriations are subject to actions of the Texas Legislature. If System Agency becomes subject to a legislative change, revocation of statutory authority, or lack of appropriated funds that would render either System Agency’s or Grantee’s delivery or performance under the Contract impossible or unnecessary, the Contract will be terminated or cancelled and be deemed null and void. In the event of a termination or cancellation under this Section, System Agency will not be liable to Grantee for any damages, that are caused or associated with such termination, or cancellation, and System Agency will not be required to give prior notice. 3.2 NO DEBT AGAINST THE STATE This Contract will not be construed as creating any debt by or on behalf of the State of Texas. 3.3 DEBT AND DELINQUENCIES Grantee agrees that any payments due under the Contract shall be directly applied towards eliminating any debt or delinquency it has to the State of Texas including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support. 3.4 RECAPTURE OF FUNDS A. At its sole discretion, the System Agency may i) withhold all or part of any payments to Grantee to offset overpayments, unallowable or ineligible costs made to the Grantee, or if any required financial status report(s) is not submitted by the due date(s), or ii) require Grantee to promptly refund or credit - within thirty (30) calendar days of written notice - DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B HHSC Grantee Uniform Terms and Conditions Page 9 of 21 v. 2.16.1 Effective 03/26/2019 any funds erroneously paid by System Agency which are not expressly authorized under the Contract. B. “Overpayments” as used in this Section include payments (i) made by the System Agency that exceed the maximum allowable rates; (ii) that are not allowed under applicable laws, rules, or regulations; or (iii) that are otherwise inconsistent with this Contract, including any unapproved expenditures. Grantee understands and agrees that it will be liable to the System Agency for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this Contract. Grantee further understands and agrees that reimbursement of such disallowed costs shall be paid by Grantee from funds which were not provided or otherwise made available to Grantee under this Contract. ARTICLE IV. ALLOWABLE COSTS AND AUDIT REQUIREMENTS 4.1 ALLOWABLE COSTS A. System Agency will reimburse the allowable costs incurred in performing the Project that are sufficiently documented. Grantee must have incurred a cost prior to claiming reimbursement and within the applicable term to be eligible for reimbursement under this Contract. At its sole discretion, the System Agency will determine whether costs submitted by Grantee are allowable and eligible for reimbursement. The System Agency may take repayment (recoup) from funds available under this Contract in amounts necessary to fulfill Grantee’s repayment obligations. Applicable cost principles, audit requirements, and administrative requirements include, but are not limited to: Applicable Entity Applicable Cost Principles Audit Requirements Administrative Requirements State, Local, and Tribal Governments 2 CFR Part 200 and UGMS 2 CFR Part 200, Subpart F and UGMS 2 CFR Part 200 and UGMS Educational Institutions 2 CFR Part 200 and UGMS 2 CFR Part 200, Subpart F and UGMS 2 CFR Part 200 and UGMS Non-Profit Organizations 2 CFR Part 200 and UGMS 2 CFR Part 200, Subpart F and UGMS 2 CFR Part 200 and UGMS DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B HHSC Grantee Uniform Terms and Conditions Page 10 of 21 v. 2.16.1 Effective 03/26/2019 For-profit Organization other than a hospital and an organization named in OMB Circular A-122 (2 CFR Part, 230) as not subject to that circular. 48 CFR Part 31, Contract Cost Principles and Procedures, or Uniform cost accounting standards that comply with cost principles acceptable to the federal or state awarding agency 2 CFR Part 200, Subpart F and UGMS 2 CFR Part 200 and UGMS B. OMB Circulars will be applied with the modifications prescribed by UGMS with effect given to whichever provision imposes the more stringent requirement in the event of a conflict. 4.2 AUDITS AND FINANCIAL STATEMENTS A. Audits i. HHS Single Audit Unit will notify Grantee to complete the Single Audit Determination Form. If Grantee fails to complete the form within thirty (30) calendar days after receipt of notice, Grantee will be subject to the sanctions and remedies for non-compliance with this Contract. ii. If Grantee, within Grantee’s fiscal year, expends at least SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) in federal funds awarded, Grantee shall have a single audit or program-specific audit in accordance with 2 CFR 200. The federal threshold amount includes federal funds passed through by way of state agency awards. iii. If Grantee, within Grantee’s fiscal year, expends at least SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) in state funds awarded, Grantee shall have a single audit or program-specific audit in accordance with UGMS, State of Texas Single Audit Circular. The audit must be conducted by an independent certified public accountant and in accordance with 2 CFR 200, Government Auditing Standards, and UGMS. iv. For-profit Grantees whose expenditures meet or exceed the federal or state expenditure thresholds stated above shall follow the guidelines in 2 CFR 200 or UGMS, as applicable, for their program-specific audits. v. Each Grantee that is required to obtain a single audit must competitively re-procure single audit services once every six years. Grantee shall procure audit services in compliance with this section, state procurement procedures, as well as with the provisions of UGMS. B. Financial Statements Each Grantee that does not meet the expenditure threshold for a single audit or program-specific audit, must provide financial statements. DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B HHSC Grantee Uniform Terms and Conditions Page 11 of 21 v. 2.16.1 Effective 03/26/2019 4.3 SUBMISSION OF AUDITS AND FINANCIAL STATEMENTS A. Audits Due the earlier of 30 days after receipt of the independent certified public accountant's report or nine months after the end of the fiscal year, Grantee shall submit electronically one copy of the single audit or program-specific audit to the System Agency via: i. HHS portal at: or, https://hhsportal.hhs.state.tx.us/heartwebextr/hhscSau ii. Email to: single_audit_report@hhsc.state.tx.us. B. Financial Statements Due no later than nine months after the Grantee’s fiscal year end, Grantees which are not required to submit an audit, shall submit electronically financial statements via: i. HHS portal at: https://hhsportal.hhs.state.tx.us/heartwebextr/hhscSau; or, ii. Email to: single_audit_report@hhsc.state.tx.us. ARTICLE V. AFFIRMATIONS, ASSURANCES AND CERTIFICATIONS 5.1 GENERAL AFFIRMATIONS Grantee certifies that, to the extent General Affirmations are incorporated into the Contract under the Signature Document, the Grantee has reviewed the General Affirmations and that Grantee is in compliance with all requirements. 5.2 FEDERAL ASSURANCES Grantee further certifies that, to the extent Federal Assurances are incorporated into the Contract under the Signature Document, the Grantee has reviewed the Federal Assurances and that Grantee is in compliance with all requirements. 5.3 FEDERAL CERTIFICATIONS Grantee further certifies that, to the extent Federal Certifications are incorporated into the Contract under the Signature Document, the Grantee has reviewed the Federal Certifications and that Grantee is in compliance with all requirements. In addition, Grantee certifies that it is in compliance with all applicable federal laws, rules, and regulations, as they may pertain to this Contract. ARTICLE VI. INTELLECTUAL PROPERTY 6.1 OWNERSHIP OF WORK PRODUCT All right, title, and interest in the Work Product, including all Intellectual Property Rights therein, is exclusively owned by System Agency. Grantee and Grantee’s employees will have no rights in or ownership of the Work Product or any other property of System Agency. Any and all Work Product that is copyrightable under United States copyright law is deemed to be “work made for hire” owned by System Agency, as provided by Title 17 of the United States Code. To the extent that Work Product does not qualify as a “work made for hire” under applicable federal law, Grantee hereby irrevocably assigns and transfers to System Agency, its successors and assigns, the entire right, title, and interest in and to the Work Product, including any and all Intellectual Property Rights embodied therein or associated DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B HHSC Grantee Uniform Terms and Conditions Page 12 of 21 v. 2.16.1 Effective 03/26/2019 therewith, and in and to all works based upon, derived from, or incorporating the Work Product, and in and to all income, royalties, damages, claims and payments now or hereafter due or payable with respect thereto, and in and to all causes of action, either in law or in equity for past, present or future infringement based on the copyrights, and in and to all rights corresponding to the foregoing. Grantee agrees to execute all papers and to perform such other property rights as System Agency may deem necessary to secure for System Agency or its designee the rights herein assigned. In the event that Grantee has any rights in and to the Work Product that cannot be assigned to System Agency, Grantee hereby grants to System Agency an exclusive, worldwide, royalty-free, transferable, irrevocable, and perpetual license, with the right to sublicense, to reproduce, distribute, modify, create derivative works of, publicly perform and publicly display, make, have made, use, sell and offer for sale the Work Product and any products developed by practicing such rights. 6.2 GRANTEE’S PRE-EXISTING WORKS To the extent that Grantee incorporates into the Work Product any works of Grantee that were created by Grantee or that Grantee acquired rights in prior to the Effective Date of this Contract (“Incorporated Pre-existing Works”), Grantee retains ownership of such Incorporated Pre-existing Works, and Grantee hereby grants to System Agency an irrevocable, perpetual, non-exclusive, royalty-free, transferable, worldwide right and license, with the right to sublicense, to use, modify, copy, create derivative works of, publish, publicly perform and display, sell, offer to sell, make and have made, the Incorporated Pre-existing Works, in any medium, with or without the associated Work Product. Grantee represents, warrants, and covenants to System Agency that Grantee has all necessary right and authority to grant the foregoing license in the Incorporated Pre-existing Works to System Agency. 6.3 AGREEMENTS WITH EMPLOYEES AND SUBCONTRACTORS Grantee shall have written, binding agreements with its employees and subcontractors that include provisions sufficient to give effect to and enable Grantee’s compliance with Grantee’s obligations under this Article VI. 6.4 DELIVERY UPON TERMINATION OR EXPIRATION No later than the first calendar day after the termination or expiration of the Contract or upon System Agency’s request, Grantee shall deliver to System Agency all completed, or partially completed, Work Product, including any Incorporated Pre-existing Works, and any and all versions thereof. Grantee’s failure to timely deliver such Work Product is a material breach of the Contract. Grantee will not retain any copies of the Work Product or any documentation or other products or results of Grantee’s activities under the Contract without the prior written consent of System Agency. 6.5 SURVIVAL The provisions and obligations of this Article VI survive any termination or expiration of the Contract. DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B HHSC Grantee Uniform Terms and Conditions Page 13 of 21 v. 2.16.1 Effective 03/26/2019 ARTICLE VII. RECORDS, AUDIT, AND DISCLOSURE 7.1 BOOKS AND RECORDS Grantee shall keep and maintain under GAAP or GASB, as applicable, full, true, and complete records necessary to fully disclose to the System Agency, the Texas State Auditor’s Office, the United States Government, and their authorized representatives sufficient information to determine compliance with the terms and conditions of this Contract and all state and federal rules, regulations, and statutes. Unless otherwise specified in this Contract, Grantee shall maintain legible copies of this Contract and all related documents for a minimum of seven (7) years after the termination of the Contract period or seven (7) years after the completion of any litigation or dispute involving the Contract, whichever is later. 7.2 ACCESS TO RECORDS, BOOKS, AND DOCUMENTS In addition to any right of access arising by operation of law, Grantee and any of Grantee’s affiliate or subsidiary organizations, or Subcontractors shall permit the System Agency or any of its duly authorized representatives, as well as duly authorized federal, state or local authorities, unrestricted access to and the right to examine any site where business is conducted or services are performed, and all records, which includes but is not limited to financial, client and patient records, books, papers or documents related to this Contract. If the Contract includes federal funds, federal agencies that shall have a right of access to records as described in this section include: the federal agency providing the funds, the Comptroller General of the United States, the General Accounting Office, the Office of the Inspector General, and any of their authorized representatives. In addition, agencies of the State of Texas that shall have a right of access to records as described in this section include: the System Agency, HHSC, HHSC's contracted examiners, the State Auditor’s Office, the Office of the Texas Attorney General, and any successor agencies. Each of these entities may be a duly authorized authority. If deemed necessary by the System Agency or any duly authorized authority, for the purpose of investigation or hearing, Grantee shall produce original documents related to this Contract. The System Agency and any duly authorized authority shall have the right to audit billings both before and after payment, and all documentation that substantiates the billings. Grantee shall include this provision concerning the right of access to, and examination of, sites and information related to this Contract in any Subcontract it awards. 7.3 RESPONSE/COMPLIANCE WITH AUDIT OR INSPECTION FINDINGS A. Grantee must act to ensure its and its Subcontractors’ compliance with all corrections necessary to address any finding of noncompliance with any law, regulation, audit requirement, or generally accepted accounting principle, or any other deficiency identified in any audit, review, or inspection of the Contract and the services and Deliverables provided. Any such correction will be at Grantee’s or its Subcontractor's sole expense. Whether Grantee's action corrects the noncompliance shall be solely the decision of the System Agency. B. As part of the services, Grantee must provide to HHSC upon request a copy of those portions of Grantee's and its Subcontractors' internal audit reports relating to the services and Deliverables provided to the State under the Contract. DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B HHSC Grantee Uniform Terms and Conditions Page 14 of 21 v. 2.16.1 Effective 03/26/2019 7.4 SAO AUDIT A. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Contract or indirectly through a subcontract under the Contract. The acceptance of funds directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. B. Grantee shall comply with any rules and procedures of the state auditor in the implementation and enforcement of Section 2262.154 of the Texas Government Code. 7.5 CONFIDENTIALITY Grantee shall maintain as confidential, and shall not disclose to third parties without System Agency’s prior written consent, any System Agency information including but not limited to System Agency’s business activities, practices, systems, conditions and services. This section will survive termination or expiration of this Contract. ARTICLE VIII. CONTRACT REMEDIES AND EARLY TERMINATION 8.1 CONTRACT REMEDIES To ensure Grantee’s full performance of the Contract and compliance with applicable law, the System Agency reserves the right to hold Grantee accountable for breach of contract or substandard performance and may take remedial or corrective actions, including, but not limited to: i. suspending all or part of the Contract; ii. requiring the Grantee to take specific actions in order to remain in compliance with the Contract; iii. recouping payments made by the System Agency to the Grantee found to be in error; iv. suspending, limiting, or placing conditions on the Grantee’s continued performance of the Project; v. imposing any other remedies, sanctions or penalties authorized under this Contract or permitted by federal or state statute, law, regulation or rule. 8.2 TERMINATION FOR CONVENIENCE The System Agency may terminate the Contract at any time when, in its sole discretion, the System Agency determines that termination is in the best interests of the State of Texas. The termination will be effective on the date specified in HHSC’s notice of termination. The System Agency’s right to terminate the Contract for convenience is cumulative of all rights and remedies which exist now or in the future. 8.3 TERMINATION FOR CAUSE Except as otherwise provided by the U.S. Bankruptcy Code, or any successor law, the System Agency may terminate the Contract, in whole or in part, upon either of the following conditions: DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B HHSC Grantee Uniform Terms and Conditions Page 15 of 21 v. 2.16.1 Effective 03/26/2019 i. Material Breach The System Agency will have the right to terminate the Contract in whole or in part if the System Agency determines, in its sole discretion, that Grantee has materially breached the Contract or has failed to adhere to any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction and such violation prevents or substantially impairs performance of Grantee’s duties under the Contract. Grantee's misrepresentation in any aspect of Grantee’s Solicitation Response, if any, or Grantee's addition to the Excluded Parties List System (EPLS) will also constitute a material breach of the Contract. ii. Failure to Maintain Financial Viability The System Agency may terminate the Contract if, in its sole discretion, the System Agency has a good faith belief that Grantee no longer maintains the financial viability required to complete the services and Deliverables, or otherwise fully perform its responsibilities under the Contract. ARTICLE IX. MISCELLANEOUS PROVISIONS 9.1 AMENDMENT The Contract may only be amended by an Amendment executed by both Parties. 9.2 INSURANCE A. Unless otherwise specified in this Contract, Grantee shall acquire and maintain, for the duration of this Contract, insurance coverage necessary to ensure proper fulfillment of this Contract and potential liabilities thereunder with financially sound and reputable insurers licensed by the Texas Department of Insurance, in the type and amount customarily carried within the industry as determined by the System Agency. Grantee shall provide evidence of insurance as required under this Contract, including a schedule of coverage or underwriter’s schedules establishing to the satisfaction of the System Agency the nature and extent of coverage granted by each such policy, upon request by the System Agency. In the event that any policy is determined by the System Agency to be deficient to comply with the terms of this Contract, Grantee shall secure such additional policies or coverage as the System Agency may reasonably request or that are required by law or regulation. If coverage expires during the term of this Contract, Grantee must produce renewal certificates for each type of coverage. B. These and all other insurance requirements under the Contract apply to both Grantee and its Subcontractors, if any. Grantee is responsible for ensuring its Subcontractors' compliance with all requirements. 9.3 LEGAL OBLIGATIONS Grantee shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including all federal and state accessibility laws relating to direct and indirect use of information and communication technology. Grantee shall be deemed to have knowledge of all applicable laws and regulations and be deemed to understand them. DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B HHSC Grantee Uniform Terms and Conditions Page 16 of 21 v. 2.16.1 Effective 03/26/2019 9.4 PERMITTING AND LICENSURE At Grantee's sole expense, Grantee shall procure and maintain for the duration of this Contract any state, county, city, or federal license, authorization, insurance, waiver, permit, qualification or certification required by statute, ordinance, law, or regulation to be held by Grantee to provide the goods or services required by this Contract. Grantee shall be responsible for payment of all taxes, assessments, fees, premiums, permits, and licenses required by law. Grantee shall be responsible for payment of any such government obligations not paid by its Subcontractors during performance of this Contract. 9.5 INDEMNITY A. GRANTEE SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND SYSTEM AGENCY, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF OR RESULTING FROM ANY ACTS OR OMISSIONS OF GRANTEE 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 GRANTEE WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND GRANTEE MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. GRANTEE AND SYSTEM AGENCY AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. B. THIS PARAGRAPH IS NOT INTENDED TO AND SHALL NOT BE CONSTRUED TO REQUIRE GRANTEE TO INDEMNIFY OR HOLD HARMLESS THE STATE OR THE SYSTEM AGENCY FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLEGENT ACTS OR OMISSIONS OF THE SYSTEM AGENCY OR ITS EMPLOYEES. C. For the avoidance of doubt, System Agency shall not indemnify Grantee or any other entity under the Contract. 9.6 ASSIGNMENTS A. Grantee may not assign all or any portion of its rights under, interests in, or duties required under this Contract without prior written consent of the System Agency, which may be withheld or granted at the sole discretion of the System Agency. Except where otherwise agreed in writing by the System Agency, assignment will not release Grantee from its obligations under the Contract. B. Grantee understands and agrees the System Agency may in one or more transactions assign, pledge, or transfer the Contract. This assignment will only be made to another State agency or a non-state agency that is contracted to perform agency support. DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B HHSC Grantee Uniform Terms and Conditions Page 17 of 21 v. 2.16.1 Effective 03/26/2019 9.7 INDEPENDENT CONTRACTOR Grantee and Grantee’s employees, representatives, agents, Subcontractors, suppliers, and third-party service providers shall serve as independent contractors in providing the services under the Contract. Neither Grantee nor System Agency is an agent of the other and neither may make any commitments on the other party’s behalf. Should Grantee subcontract any of the services required in the Contract, Grantee expressly understands and acknowledges that in entering such subcontract(s), System Agency is in no manner liable to any Subcontractor(s) of Grantee. In no event shall this provision relieve Grantee of the responsibility for ensuring that the services performed under all subcontracts are rendered in compliance with the Contract. Grantee shall have no claim against System Agency for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. The Contract shall not create any joint venture, partnership, agency, or employment relationship between Grantee and System Agency. 9.8 TECHNICAL GUIDANCE LETTERS In the sole discretion of the System Agency, and in conformance with federal and state law, the System Agency may issue instructions, clarifications, or interpretations as may be required during work performance in the form of a Technical Guidance Letter (TGL). A TGL must be in writing, and may be delivered by regular mail, electronic mail, or facsimile transmission. Any TGL issued by the System Agency will be incorporated into the Contract by reference for all purposes when it is issued. 9.9 DISPUTE RESOLUTION A. The dispute resolution process provided for in Chapter 2260 of the Texas Government Code must be used to attempt to resolve any dispute arising under the Contract. B. If a contract dispute arises that cannot be resolved to the satisfaction of the Parties, either Party may notify the other Party in writing of the dispute. If the Parties are unable to satisfactorily resolve the dispute within fourteen (14) days of the written notification, the Parties must use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve the dispute. This provision will not apply to any matter with respect to which either Party may make a decision within its respective sole discretion. 9.10 GOVERNING LAW AND VENUE The Contract shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under the Contract is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to the System Agency. 9.11 SEVERABILITY If any provision contained in this Contract is held to be unenforceable by a court of law or equity, this Contract shall be construed as if such provision did not exist and the non- DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B HHSC Grantee Uniform Terms and Conditions Page 18 of 21 v. 2.16.1 Effective 03/26/2019 enforceability of such provision shall not be held to render any other provision or provisions of this Contract unenforceable. 9.12 SURVIVABILITY Expiration or termination of the Contract for any reason does not release Grantee from any liability or obligation set forth in the Contract that is expressly stated to survive any such expiration or termination, that by its nature would be intended to be applicable following any such expiration or termination, or that is necessary to fulfill the essential purpose of the Contract, including without limitation the provisions regarding warranty, indemnification, confidentiality, and rights and remedies upon termination. 9.13 FORCE MAJEURE Neither Grantee nor System Agency shall be liable to the other for any delay in, or failure of performance, of any requirement included in the Contract caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome. 9.14 NO WAIVER OF PROVISIONS The failure of the System Agency to object to or to take affirmative action with respect to any conduct of the Grantee which is in violation or breach of the terms of the Contract shall not be construed as a waiver of the violation or breach, or of any future violation or breach. 9.15 PUBLICITY A. Except as provided in the paragraph below, Grantee must not use the name of, or directly or indirectly refer to, the System Agency, the State of Texas, or any other State agency in any media release, public announcement, or public disclosure relating to the Contract or its subject matter, including in any promotional or marketing materials, customer lists, or business presentations. B. Grantee may publish, at its sole expense, results of Grantee performance under the Contract with the System Agency’s prior review and approval, which the System Agency may exercise at its sole discretion. Any publication (written, visual, or sound) will acknowledge the support received from the System Agency and any Federal agency, as appropriate. C. Contractor is prohibited from using the Work for any Contractor or third party marketing, advertising, or promotional activities, without the prior written consent of System Agency. The foregoing prohibition includes, without limitation, the placement of banners, pop-up ads, or other advertisements promoting Contractor’s or a third party’s products, services, workshops, trainings, or other commercial offerings on any website portal or internet-based service or software application hosted or managed by Contractor as part of the Work. DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B HHSC Grantee Uniform Terms and Conditions Page 19 of 21 v. 2.16.1 Effective 03/26/2019 9.16 PROHIBITION ON NON-COMPETE RESTRICTIONS Grantee shall not require any employees or Subcontractors to agree to any conditions, such as non-compete clauses or other contractual arrangements that would limit or restrict such persons or entities from employment or contracting with the State of Texas. 9.17 NO WAIVER OF SOVEREIGN IMMUNITY Nothing in the Contract will be construed as a waiver of the System Agency’s or the State’s sovereign immunity. This Contract shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the System Agency or the State of Texas. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to the System Agency or the State of Texas under the Contract or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. System Agency does not waive any privileges, rights, defenses, or immunities available to System Agency by entering into the Contract or by its conduct prior to or subsequent to entering into the Contract. 9.18 ENTIRE CONTRACT AND MODIFICATION The Contract constitutes the entire agreement of the Parties and is intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements that may have been made in connection with the subject matter hereof. Any additional or conflicting terms in any future document incorporated into the Contract will be harmonized with this Contract to the extent possible. 9.19 COUNTERPARTS This Contract may be executed in any number of counterparts, each of which will be an original, and all such counterparts will together constitute but one and the same Contract. 9.20 PROPER AUTHORITY Each Party represents and warrants that the person executing this Contract on its behalf has full power and authority to enter into this Contract. 9.21 E-VERIFY PROGRAM Grantee certifies that it utilizes and will continue to utilize the U.S. Department of Homeland Security's E-Verify system to determine the eligibility of: i. all persons employed to perform duties within Texas during the term of the Contract; and ii. all persons, (including subcontractors) assigned by the Grantee to perform work pursuant to the Contract within the United States of America. 9.22 CIVIL RIGHTS A. Grantee agrees to comply with state and federal anti-discrimination laws, including: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.); ii. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794); iii. Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); iv. Age Discrimination Act of 1975 (42 U.S.C. §§6101-6107); DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B HHSC Grantee Uniform Terms and Conditions Page 20 of 21 v. 2.16.1 Effective 03/26/2019 v. Title IX of the Education Amendments of 1972 (20 U.S.C. §§1681-1688); vi. Food and Nutrition Act of 2008 (7 U.S.C. §2011 et seq.); and vii. The System Agency's administrative rules, as set forth in the Texas Administrative Code, to the extent applicable to this Contract. B. Grantee agrees to comply with all amendments to the above-referenced laws, and all requirements imposed by the regulations issued pursuant to these laws. These laws provide in part that no persons in the United States may, on the grounds of race, color, national origin, sex, age, disability, political beliefs, or religion, be excluded from participation in or denied any aid, care, service or other benefits provided by Federal or State funding, or otherwise be subjected to discrimination. C. Grantee agrees to comply with Title VI of the Civil Rights Act of 1964, and its implementing regulations at 45 C.F.R. Part 80 or 7 C.F.R. Part 15, prohibiting a contractor from adopting and implementing policies and procedures that exclude or have the effect of excluding or limiting the participation of clients in its programs, benefits, or activities on the basis of national origin. State and federal civil rights laws require contractors to provide alternative methods for ensuring access to services for applicants and recipients who cannot express themselves fluently in English. Grantee agrees to take reasonable steps to provide services and information, both orally and in writing, in appropriate languages other than English, in order to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits, and activities. D. Grantee agrees to post applicable civil rights posters in areas open to the public informing clients of their civil rights and including contact information for the HHS Civil Rights Office. The posters are available on the HHS website at: http://hhscx.hhsc.texas.gov/system-support- services/civil-rights/publications E. Grantee agrees to comply with Executive Order 13279, and its implementing regulations at 45 C.F.R. Part 87 or 7 C.F.R. Part 16. These provide in part that any organization that participates in programs funded by direct financial assistance from the United States Department of Agriculture or the United States Department of Health and Human Services shall not discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. F. Upon request, Grantee shall provide HHSC’s Civil Rights Office with copies of the Grantee’s civil rights policies and procedures. G. Grantee must notify HHSC’s Civil Rights Office of any civil rights complaints received relating to its performance under this Contract. This notice must be delivered no more than ten (10) calendar days after receipt of a complaint. Notice provided pursuant to this section must be directed to: HHSC Civil Rights Office 701 W. 51st Street, Mail Code W206 Austin, Texas 78751 Phone Toll Free: (888) 388-6332 Phone: (512) 438-4313 TTY Toll Free: (877) 432-7232 Fax: (512) 438-5885. DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B HHSC Grantee Uniform Terms and Conditions Page 21 of 21 v. 2.16.1 Effective 03/26/2019 9.23 SYSTEM AGENCY DATA As between the Parties, all data and information acquired, accessed, or made available to Contractor by or through System Agency or System Agency contractors, including all electronic data generated, processed, transmitted, or stored by Contractor in the course of providing data processing services in connection with Contractor’s performance hereunder, (the “System Agency Data”), is owned solely by System Agency. Contractor has no right or license to use, analyze, aggregate, transmit, create derivatives of, copy, disclose, or process the System Agency Data except as required for Contractor to fulfill its obligations under the Contract or as authorized in advance in writing by System Agency. For the avoidance of doubt, Contractor is expressly prohibited from using, and from permitting any third party to use, System Agency Data for marketing, research, or other non-governmental or commercial purposes, without the prior written consent of System Agency. DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Health and Human Services Contract Affirmations v. 1.6 Effective November 7, 2019 Page 1 of 11 Attachment C HEALTH AND HUMAN SERVICES CONTRACT AFFIRMATIONS The term “System Agency” used in these affirmations means HHS or any of the agencies of the State of Texas that are overseen by HHSC under authority granted under Texas law and the officers, employees, authorized representatives, and designees of those agencies. These agencies include: HHSC and the Department of State Health Services. By entering into this Contract, Contractor affirms, without exception, understands, and agrees to comply with the following items through the life of the Contract: 1.Contractor represents and warrants that these Contract Affirmations apply to Contractor and all of Contractor's principals, officers, directors, shareholders, partners, owners, agents,employees, subcontractors, independent contractors, and any other representatives whomay provide services under, who have a financial interest in, or otherwise are interested inthis Contract and any related Solicitation. 2.Complete and Accurate Information Contractor represents and warrants that all statements and information provided to SystemAgency are current, complete, and accurate. This includes all statements and informationin this Contract and any related Solicitation Response. 3.Public Information Act Contractor understands that System Agency will comply with the Texas Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by judicial rulings andopinions of the Attorney General of the State of Texas. Information, documentation, andother material prepared and submitted in connection with this Contract or any relatedSolicitation may be subject to public disclosure pursuant to the Texas Public Information Act. In accordance with Section 2252.907 of the Texas Government Code, Contractor is required to make any information created or exchanged with the State pursuant to theContract, and not otherwise excepted from disclosure under the Texas Public InformationAct, available in a format that is accessible by the public at no additional charge to theState. 4.Contracting Information Requirements Contractor represents and warrants that it will comply with the requirements of Section552.372(a) of the Texas Government Code. Except as provided by Section 552.374(c) ofthe Texas Government Code, the requirements of Subchapter J (Additional ProvisionsRelated to Contracting Information), Chapter 552 of the Government Code, may apply to the 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: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Health and Human Services Contract Affirmations v. 1.6 Effective November 7, 2019 Page 2 of 11 5. Assignment A. Contractor shall not assign its rights under the contract or delegate the performance of its duties under the contract without prior written approval from HHSC. Any attempted assignment in violation of this provision is void and without effect. B. Contractor understands and agrees the System Agency may in one or more transactions assign, pledge, or transfer the Contract. This assignment will only be made to another State agency or a non-state agency that is contracted to perform agency support. Upon receipt of System Agency’s notice of assignment, pledge, or transfer, Contractor shall cooperate with System Agency in giving effect to such assignment, pledge, or transfer, at no cost to System Agency or to the recipient entity 6. Terms and Conditions Attached to Response Contractor accepts the Solicitation terms and conditions unless specifically noted by exceptions advanced in the form and manner directed in the Solicitation, if any, under which this Contract was awarded. Contractor agrees that all exceptions to the Solicitation, as well as terms and conditions advanced by Contractor that differ in any manner from System Agency’s terms and conditions, if any, are rejected unless expressly accepted by System Agency in writing. 7. System Agency Right to Use Contractor agrees that System Agency has the right to use, produce, and distribute copies of and to disclose to System Agency employees, agents, and contractors and other governmental entities all or part of this Contract or any related Solicitation Response as System Agency deems necessary to complete the procurement process or comply with state or federal laws. 8. Release from Liability Contractor generally releases from liability and waives all claims against any party providing information about the Contractor at the request of System Agency. 9. Dealings with Public Servants Contractor has not given, has not offered to give, and does not intend to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with this Contract or any related Solicitation, or related Solicitation Response. 10. Financial Participation Prohibited Under Section 2155.004, Texas Government Code (relating to financial participation in preparing solicitations), Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Health and Human Services Contract Affirmations v. 1.6 Effective November 7, 2019 Page 3 of 11 11. Prior Disaster Relief Contract Violation Under Sections 2155.006 and 2261.053 of the Texas Government Code (relating to convictions and penalties regarding Hurricane Rita, Hurricane Katrina, and other disasters), the Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 12. Child Support Obligation Under Section 231.006(d) of the Texas Family Code regarding child support, Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive the specified payment and acknowledges that the Contract may be terminated and payment may be withheld if this certification is inaccurate. 13. Suspension and Debarment Contractor certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management (SAM) maintained by the General Services Administration. This certification is made pursuant to the regulations implementing Executive Order 12549 and Executive Order 12689, Debarment and Suspension, 2 C.F.R. Part 376, and any relevant regulations promulgated by the Department or Agency funding this project. This provision shall be included in its entirety in Contractor’s subcontracts, if any, if payment in whole or in part is from federal funds. 14. Excluded Parties Contractor certifies that it is not listed in the prohibited vendors list authorized by Executive Order 13224, “Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism,” published by the United States Department of the Treasury, Office of Foreign Assets Control.’ 15. Foreign Terrorists Organizations Contractor represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code. 16. Executive Head of a State Agency In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Contractor certifies that it is not (1) the executive head of an HHS agency, (2) a person who at any time during the four years before the date of this Contract was the executive head of an HHS agency, or (3) a person who employs a current or former executive head of an HHS agency. DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Health and Human Services Contract Affirmations v. 1.6 Effective November 7, 2019 Page 4 of 11 17. Human Trafficking Prohibition Under Section 2155.0061 of the Texas Government Code, Contractor certifies that the individual or business entity named in this Contract is not ineligible to receive this contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 18. Franchise Tax Status Contractor represents and warrants that it is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171 of the Texas Tax Code. 19. Debts and Delinquencies Contractor agrees that any payments due under this Contract shall be applied towards any debt or delinquency that is owed to the State of Texas. 20. Lobbying Prohibition Contractor represents and warrants that payments to Contractor and Contractor's receipt of appropriated or other funds under this Contract or any related Solicitation are not prohibited by Sections 556.005, 556.0055, or 556.008 of the Texas Government Code (relating to use of appropriated money or state funds to employ or pay lobbyists, lobbying expenses, or influence legislation). 21. Buy Texas Contractor agrees to comply with Section 2155.4441 of the Texas Government Code, requiring the purchase of products and materials produced in the State of Texas in performing service contracts. 22. Disaster Recovery Plan Contractor agrees that upon request of System Agency, Contractor shall provide copies of its most recent business continuity and disaster recovery plans. 23. Technology Access A. Contractor expressly acknowledges that state funds may not be expended in connection with the purchase of an automated information system unless that system meets certain statutory requirements relating to accessibility by persons with visual impairments. Accordingly, Contractor represents and warrants to System Agency that the technology provided to System Agency for purchase (if applicable under this Contract or any related Solicitation) is capable, either by virtue of features included within the technology or because it is readily adaptable by use with other technology, of: i. providing equivalent access for effective use by both visual and non-visual means; ii. presenting information, including prompts used for interactive communications, in formats intended for non-visual use; and iii. being integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired. B. For purposes of this Section, the phrase “equivalent access” means a substantially similar ability to communicate with or make use of the technology, either directly by features incorporated within the technology or by other reasonable means such as DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Health and Human Services Contract Affirmations v. 1.6 Effective November 7, 2019 Page 5 of 11 assistive devices or services which would constitute reasonable accommodations under the Americans With Disabilities Act or similar state or federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical displays, and customizable display appearance. C. In accordance with Section 2157.005 of the Texas Government Code, the Technology Access Clause contract provision remains in effect for any contract entered into before September 1, 2006. 24. Computer Equipment Recycling Program If this Contract is for the purchase or lease of computer equipment, then Contractor certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328. 25. Television Equipment Recycling If this Contract is for the purchase or lease of covered television equipment, then Contractor certifies that it is compliance with Subchapter Z, Chapter 361 of the Texas Health and Safety Code related to the Television Equipment Recycling Program. 26. Cybersecurity Training A. Contractor represents and warrants that it will comply with the requirements of Section 2054.5192 of the Texas Government Code relating to cybersecurity training and required verification of completion of the training program. B. Contractor represents and warrants that if Contractor or Subcontractors, officers, or employees of Contractor have access to any state computer system or database, the Contractor, Subcontractors, officers, and employees of Contractor shall complete cybersecurity training pursuant to and in accordance with Government Code, Section 2054.5192. 27. Restricted Employment for Certain State Personnel Contractor acknowledges that, pursuant to Section 572.069 of the Texas Government Code, a former state officer or employee of a state agency who during the period of state service or employment participated on behalf of a state agency in a procurement or contract negotiation involving Contractor may not accept employment from Contractor before the second anniversary of the date the Contract is signed or the procurement is terminated or withdrawn. 28. Disclosure of Prior State Employment If this Contract is for consulting services under Chapter 2254 of the Texas Government Code, in accordance with Section 2254.033 of the Texas Government Code, Contractor certifies that it does not employ an individual who was employed by System Agency or another agency at any time during the two years preceding the submission of any related DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Health and Human Services Contract Affirmations v. 1.6 Effective November 7, 2019 Page 6 of 11 Solicitation Response related to this Contract or, in the alternative, Contractor has disclosed in any related Solicitation Response the following: i. the nature of the previous employment with System Agency or the other agency; ii. the date the employment was terminated; and iii. the annual rate of compensation at the time of the employment was terminated. 29. No Conflicts of Interest A. Contractor represents and warrants that it has no actual or potential conflicts of interest in providing the requested goods or services to System Agency under this Contract or any related Solicitation and that Contractor’s provision of the requested goods and/or services under this Contract and any related Solicitation will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety. B. Contractor agrees that, if after execution of the Contract, Contractor discovers or is made aware of a Conflict of Interest, Contractor will immediately and fully disclose such interest in writing to HHSC. In addition, Contractor will promptly and fully disclose any relationship that might be perceived or represented as a conflict after its discovery by Contractor or by HHSC as a potential conflict. HHSC reserves the right to make a final determination regarding the existence of Conflicts of Interest, and Contractor agrees to abide by HHSC’s decision. 30. Fraud, Waste, and Abuse Contractor understands that System Agency does not tolerate any type of fraud. The agency's policy is to promote consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. All employees or contractors who suspect fraud, waste or abuse (including employee misconduct that would constitute fraud, waste, or abuse) are required to immediately report the questionable activity to both the Health and Human Services Commission's Office of the Inspector General at 1-800-436-6184 and the State Auditor's Office. Contractor agrees to comply with all applicable laws, rules, regulations, and System Agency policies regarding fraud including, but not limited to, HHS Circular C-027. 31. Antitrust The undersigned affirms under penalty of perjury of the laws of the State of Texas that: A. in connection with this Contract and any related Solicitation Response, neither I nor any representative of the Contractor has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; B. in connection with this Contract and any related Solicitation Response, neither I nor any representative of the Contractor has violated any federal antitrust law; and C. neither I nor any representative of the Contractor has directly or indirectly communicated any of the contents of this Contract and any related Solicitation Response to a competitor of the Contractor or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Contractor. DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Health and Human Services Contract Affirmations v. 1.6 Effective November 7, 2019 Page 7 of 11 32. Legal and Regulatory Actions Contractor represents and warrants that it is not aware of and has received no notice of any court or governmental agency proceeding, investigation, or other action pending or threatened against Contractor or any of the individuals or entities included in numbered paragraph 1 of these Contract Affirmations within the five (5) calendar years immediately preceding execution of this Contract or the submission of any related Solicitation Response that would or could impair Contractor’s performance under this Contract, relate to the contracted or similar goods or services, or otherwise be relevant to System Agency’s consideration of entering into this Contract. If Contractor is unable to make the preceding representation and warranty, then Contractor instead represents and warrants that it has provided to System Agency a complete, detailed disclosure of any such court or governmental agency proceeding, investigation, or other action that would or could impair Contractor’s performance under this Contract, relate to the contracted or similar goods or services, or otherwise be relevant to System Agency’s consideration of entering into this Contract. In addition, Contractor acknowledges this is a continuing disclosure requirement. Contractor represents and warrants that Contractor shall notify System Agency in writing within five (5) business days of any changes to the representations or warranties in this clause and understands that failure to so timely update System Agency shall constitute breach of contract and may result in immediate contract termination. 33. No Felony Criminal Convictions Contractor represents that neither Contractor nor any of its employees, agents, or representatives, including any subcontractors and employees, agents, or representative of such subcontractors, have been convicted of a felony criminal offense or that if such a conviction has occurred Contractor has fully advised System Agency in writing of the facts and circumstances surrounding the convictions. 34. Unfair Business Practices Contractor 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 Contractor has not been found to be liable for such practices in such proceedings. Contractor 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. 35. Entities that Boycott Israel Pursuant to Section 2271.002 of the Texas Government Code, Contractor certifies that either: i. it meets an exemption criteria under Section 2271.002; or ii. it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this Solicitation. If Contractor refuses to make that certification, DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Health and Human Services Contract Affirmations v. 1.6 Effective November 7, 2019 Page 8 of 11 Contractor shall state here any facts that make it exempt from the boycott certification: ________________________________________________________________________ _______________________________________________________________________________________________________________________________________________. 36. E-Verify Program Contractor certifies that for contracts for services, Contractor shall utilize the U.S. Department of Homeland Security’s E-Verify system during the term of this Contract to determine the eligibility of: i. all persons employed by Contractor to perform duties within Texas; and ii. all persons, including subcontractors, assigned by Contractor to perform work pursuant to this Contract within the United States of America. 37. Professional or Consulting Contract If this Contract is an employment contract, a professional services contract under Chapter 2254 of the Texas Government Code, or a consulting services contract under Chapter 2254 of the Texas Government Code, Contractor represents and warrants that neither Contractor nor any of Contractor’s employees including, but not limited to, those authorized to provide services under the contract, were former employees of an HHS Agency during the twelve (12) month period immediately prior to the date of the execution of the contract. 38. Former Agency Employees Contractor represents and warrants, during the twelve (12) month period immediately prior to the date of the execution of this Contract, none of its employees including, but not limited to those who will provide services under the Contract, was an employee of an HHS Agency. Pursuant to Section 2252.901, Texas Government Code (relating to prohibitions regarding contracts with and involving former and retired state agency employees), Contractor will not allow any former employee of the System Agency to perform services under this Contract during the twelve (12) month period immediately following the employee’s last date of employment at the System Agency. 39. Disclosure of Prior State Employment If this Contract is for consulting services, A. In accordance with Section 2254.033 of the Texas Government Code, a Contractor providing consulting services who has been employed by, or employs an individual who has been employed by, HHSC or another State of Texas agency at any time during the two years preceding the submission of Contractor’s offer to provide services must disclose the following information in its offer to provide services. Contractor hereby certifies that this information was provided and remains true, correct, and complete: i. Name of individual(s) (Respondent or employee(s)); ii. Status; iii. The nature of the previous employment with HHSC or the other State of Texas agency; DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Health and Human Services Contract Affirmations v. 1.6 Effective November 7, 2019 Page 9 of 11 iv. The date the employment was terminated and the reason for the termination; and v. The annual rate of compensation for the employment at the time of its termination. B. If no information was provided in response to Section A above, Contractor certifies that neither Contractor nor any individual employed by Contractor was employed by HHSC or any other State of Texas agency at any time during the two years preceding the submission of Contractor’s offer to provide services. 40. Abortion Funding Limitation Contractor understands, acknowledges, and agrees that, pursuant to Article IX, Section 6.25 of the General Appropriations Act (the Act), to the extent allowed by federal and state law, money appropriated by the Texas Legislature may not be distributed to any individual or entity that, during the period for which funds are appropriated under the Act: i. performs an abortion procedure that is not reimbursable under the state’s Medicaid program; ii. is commonly owned, managed, or controlled by an entity that performs an abortion procedure that is not reimbursable under the state’s Medicaid program; or iii. is a franchise or affiliate of an entity that performs an abortion procedure that is not reimbursable under the state’s Medicaid program. The provision does not apply to a hospital licensed under Chapter 241, Health and Safety Code, or an office exempt under Section 245.004(2), Health and Safety Code. Contractor represents and warrants that it is not ineligible, nor will it be ineligible during the term of this Contract, to receive appropriated funding pursuant to Article IX, Section 6.25. 41. Funding Eligibility Contractor understands, acknowledges, and agrees that, pursuant to Chapter 2272 of the Texas Government Code, except as exempted under that Chapter, HHSC cannot contract with an abortion provider or an affiliate of an abortion provider. Contractor certifies that it is not ineligible to contract with HHSC under the terms of Chapter 2272 of the Texas Government Code. If Contractor refuses to make that certification, Contractor shall state here any facts that make it exempt from the certification: ________________________________________________________________________ ________________________________________________________________________ _______________________________________________________________________. 42. False Representation Contractor understands, acknowledges, and agrees that any false representation or any failure to comply with a representation, warranty, or certification made by Contractor is subject to all civil and criminal consequences provided at law or in equity including, but not limited to, immediate termination of this Contract. 43. False Statements Contractor represents and warrants that all statements and information prepared and submitted by Contractor in this Contract and any related Solicitation Response are current, complete, true, and accurate. Contractor acknowledges any false statement or material DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Health and Human Services Contract Affirmations v. 1.6 Effective November 7, 2019 Page 10 of 11 misrepresentation made by Contractor during the performance of this Contract or any related Solicitation is a material breach of contract and may void this Contract. Further, Contractor understands, acknowledges, and agrees that any false representation or any failure to comply with a representation, warranty, or certification made by Contractor is subject to all civil and criminal consequences provided at law or in equity including, but not limited to, immediate termination of this Contract. 44. Permits and License Contractor represents and warrants that it will comply with all applicable laws and maintain all permits and licenses required by applicable city, county, state, and federal rules, regulations, statutes, codes, and other laws that pertain to this Contract. 45. Drug-Free Workplace Contractor represents and warrants that it shall comply with the applicable provisions of the Drug-Free Work Place Act of 1988 (41 U.S.C. §701 et seq.) and maintain a drug-free work environment. 46. Equal Employment Opportunity Contractor represents and warrants its compliance with all applicable duly enacted state and federal laws governing equal employment opportunities. 47. Federal Occupational Safety and Health Law Contractor represents and warrants that all articles and services shall meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Act of 1970, as amended (29 U.S.C. Chapter 15). 48. Signature Authority Contractor represents and warrants that the individual signing this Contract Affirmations document is authorized to sign on behalf of Contractor and to bind the Contractor. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Health and Human Services Contract Affirmations v. 1.6 Effective November 7, 2019 Page 11 of 11 Authorized representative on behalf of Contractor must complete and sign the following: Legal Name of Contractor Assumed Business Name of Contractor, if applicable (D.B.A. or ‘doing business as’) Texas County(s) for Assumed Business Name (D.B.A. or ‘doing business as’) Attach Assumed Name Certificate(s) for each County Signature of Authorized Representative Date Signed Printed Name of Authorized Representative First, Middle Name or Initial, and Last Name Title of Authorized Representative Physical Street Address City, State, Zip Code Mailing Address, if different City, State, Zip Code Phone Number Fax Number Email Address DUNS Number Federal Employer Identification Number Texas Payee ID No. – 11 digits Texas Franchise Tax Number Texas Secretary of State Filing Number DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B annetter@cctexas.com Health and Human Services Commission WIC Local Agency Special Conditions Version 1.1 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Page 1 of 17 V 1.1 9.1.17 TABLE OF CONTENTS SUPPLEMENTAL CONDITIONS ..............................................................................................2 SPECIAL CONDITIONS Article I. Special Definitions ...............................................................................................4 Article II. Grantee Personnel ...............................................................................................5 Section 2.01 Qualifications ....................................................................................................... 5 Section 2.02 Conduct and Removal .......................................................................................... 5 Article III. Confidentiality .....................................................................................................5 Section 3.01 Confidential System Information ......................................................................... 5 Article IV. Miscellaneous Provisions ....................................................................................6 Section 4.01 Minor Administrative Changes ............................................................................ 6 Section 4.02 Conflicts of Interest.............................................................................................. 6 Section 4.03 Flow Down Provisions ......................................................................................... 7 Section 4.06 Incorporation of Terms in Subcontracts. .........................................................8 “Capital Assets” are tangible or intangible assets used in operations having a useful life of more than one year. Capital assets include (1) Land, buildings (facilities), equipment, and intellectual property (including software) whether acquired by purchase, construction, manufacture, lease-purchase, exchange; and (2) Additions, improvements, modifications, replacements, rearrangements, reinstallations, renovations or alterations to capital assets that materially increase their value or useful life (not ordinary repairs and maintenance). ............. 10 “Equipment” is tangible and intangible personal property (including information technology systems) having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds $5,000. .......................................................................................................... 10 • “Intangible Property” is considered equipment but has no physical existence, such as trademarks, copyrights, patents and patent applications and property, such as loans, notes and other debt instruments, lease agreements, stock and other instruments of property ownership (whether the property is tangible or intangible). ....................................................................... 10 “Supplies” is defined as consumable items necessary to carry out the services under this Contract including medical supplies, drugs, janitorial supplies, office supplies, patient educational supplies, and any items of tangible personal property other than those defined as Capital assets, Designated Reportable Assets, and equipment above. ...................................... 10 Article V. DSHS Legacy Provisions ..........................................................................................13 Section 5.01 Notice of Criminal Activity and Disciplinary Actions ...................................... 13 Section 5.02 Notice of IRS or TWC Insolvency ..................................................................... 14 Section 5.03 Disaster Services ................................................................................................ 14 Section 5.04 Consent by Non-Parent or Other State Law to Medical Care of a Minor.......... 14 Section 5.05 Telemedicine /Telepsychiatry Medical Services ............................................... 14 Section 5.06 Services and Information for Persons with Limited English Proficiency.......... 15 Section 5.07 HIV/AIDS Model Workplace Guidelines .......................................................... 15 Section 5.08 Medical Records Retention ................................................................................ 16 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Page 2 of 17 V 1.1 9.1.17 Section 5.09 Notice of a License Action ................................................................................ 16 Section 5.10 Interim Extension Amendment .......................................................................... 16 Section 5.11 Child Abuse Reporting Requirement ................................................................. 17 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Page 3 of 17 V 1.1 9.1.17 HHSC SUPPLEMENTAL CONDITIONS THE FOLLOWING SUPPLEMENTAL CONDITIONS APPLY TO THIS CONTRACT AND MODIFY THE HHS UNIFORM TERMS AND CONDITIONS Section 2.2 Final Billing Submission, of the Health and Human Services Commission Uniform Terms and Conditions – Grant, Version 2.16.1, is revised to read as follows: Unless otherwise provided by the System Agency, Grantee shall submit a reimbursement or payment request as a final close-out invoice not later than sixty (60) calendar days following the end of the term of the Contract. Reimbursement or payment requests received after the deadline may not be paid. Section 2.3 Financial Status Reports (FSRs), of the Health and Human Services Commission Uniform Terms and Conditions – Grant, Version 2.16.1, is revised to read as follows: Except as otherwise provided, for contracts with categorical budgets, Grantee shall submit quarterly FSRs to System Agency by the last business day of the month following the end of each quarter for System Agency review and financial assessment. Grantee shall submit the final FSR no later than sixty (60) calendar days following the end of the applicable term. Section 9.2 Insurance, of the Health and Human Services Commission Uniform Terms and Conditions - Grant, Version 2.16.1, is revised to add the following passage: C. Pursuant to Chapter 2259 of the Texas Government Code entitled, “Self-Insurance by Governmental Units,” Grantee is not required to purchase insurance if self-insured. Section 9.22 Civil Rights, of the Health and Human Services Commission Uniform Terms and Conditions – Grant, Version 2.16.1, is modified to add the following: Grantee shall comply with all provisions required by implementing the regulations of the Department of Agriculture, 7 CFR Part 246, 248; Department of Justice Guidelines for Enforcement of Title VI; 28 CFR § 50.3 and 28 CFR Part 42; and Food & Nutrition Service (FNS) directives and guidelines, to the effect that no person will, on the grounds of race, color, national origin, sex, age, or disability be excluded from participation under any program or activity for which Grantee receives federal financial assistance from FNS; and hereby gives assurance that it shall immediately take measures necessary to implement this Contract. Grantee shall compile data, maintain records and submit reports, as required, to permit effective enforcement of the nondiscrimination laws and permit authorized USDA and System Agency personnel, during normal working hours, to review such records, books, and accounts as needed to ascertain compliance with the nondiscrimination laws. The Department of Agriculture, Food and Nutrition Service (USDA), has the right to seek judicial enforcement if Grantee violates any nondiscrimination laws. This Assurance is binding on Grantee, its successors, transferees, and assignees, as long as they receive assistance or retain possession of any assistance from the Department of Agriculture. The person or persons whose signatures appear on the Contract are authorized to sign this Assurance on behalf of Grantee. DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Page 4 of 17 V 1.1 9.1.17 Article VIII Contract Management and Early Termination Provision of the Health and Human Services Commission Uniform Terms and Conditions – Grant, Version 2.16.1, is modified by adding the following: 8.05 Termination by Grantee If Grantee seeks to terminate this Contract, Grantee shall give System Agency no less than sixty (60) calendar days prior written notice and shall submit a transition plan to ensure client services are not disrupted. Article IX, Miscellaneous Provisions, of the HHSC Uniform Terms and Conditions – Grant version 2.16.1, is amended to add a new Subsection 9.24 as follows: 9.24 Identity The Grantee must notify System Agency in writing at least sixty (60) calendar days before the intended effective date of any change in legal entity status, such as ownership or control, name change, legal status with the Texas Secretary of State, or State Comptroller’s Texas Identification Number. Grantee will notify System Agency in writing within ten (10) calendar days any change in administrator or director; and within seven (7) working days of any change in the contact telephone number designated in the contract. HHSC SPECIAL CONDITIONS The terms and conditions of these Special Conditions are incorporated into and made a part of the Contract. Capitalized items used in these Special Conditions and not otherwise defined have the meanings assigned to them in HHSC Grantee Uniform Terms and Conditions – Version. 2.14. Article I. SPECIAL DEFINITIONS “Conflict of Interest” means a set of facts or circumstances, a relationship, or other situation under which Grantee, a Subcontractor, or individual has past, present, or currently planned personal or financial activities or interests that either directly or indirectly: (1) impairs or diminishes the Grantee’s, or Subcontractor’s ability to render impartial or objective assistance or advice to the HHSC; or (2) provides the Grantee or Subcontractor an unfair competitive advantage in future HHSC procurements. “Grantee Agents” means Grantee’s representatives, employees, officers, as well as any contractor or subgrantee's employees, contractors, officers, principals and agents. “Data Use Agreement” means the agreement incorporated into the Contract to facilitate creation, receipt, maintenance, use, disclosure or access to Confidential Information. “Item of Noncompliance” means Grantee’s acts or omissions that: (1) violate a provision of the Contract; (2) fail to ensure adequate performance of the Project; (3) represent a failure of Grantee to be responsive to a request of HHSC relating to the Project under the Contract. DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Page 5 of 17 V 1.1 9.1.17 “Minor Administrative Change” refers to a change to the Contract that does not increase the fees or term and done in accordance with Section 6.02 of these Special Conditions. “Confidential System Information” means any communication or record (whether oral, written, electronically stored or transmitted, or in any other form) provided to or made available to Grantee; or that Grantee may create, receive, maintain, use, disclose or have access to on behalf of HHSC or through performance of the Project, which is not designated as Confidential Information in a Data Use Agreement. “State” means the State of Texas and, unless otherwise indicated or appropriate, will be interpreted to mean HHSC and other agencies of the State of Texas that may participate in the administration of HHSC Programs; provided, however, that no provision will be interpreted to include any entity other than HHSC as the contracting agency. “Software” means all operating system and applications software used or created by Grantee to perform the work under the Contract. “UTC” means HHSC’s Uniform Terms and Conditions –Grantee- Version 2.15. Article II. GRANTEE PERSONNEL Section 2.01 Qualifications Grantee agrees to maintain the organizational and administrative capacity and capabilities proposed in its response to the Solicitation, as modified, to carry out all duties and responsibilities under the Contract. Grantee Agents assigned to perform the duties and responsibilities under the Contract must be and remain properly trained and qualified for the functions they are to perform. Notwithstanding the transfer or turnover of personnel, Grantee remains obligated to perform all duties and responsibilities under the Contract without degradation and in strict accordance with the terms of the Contract. Section 2.02 Conduct and Removal While performing the Project, Grantee Agents must comply with applicable Contract terms, State and federal rules, regulations, HHSC’s policies, and HHSC’s requests regarding personal and professional conduct; and otherwise conduct themselves in a businesslike and professional manner. If HHSC determines in good faith that a particular Grantee Agent is not conducting himself or herself in accordance with the terms of the Contract, HHSC may provide Grantee with notice and documentation regarding its concerns. Upon receipt of such notice, Grantee must promptly investigate the matter and, at HHSC’s election, take appropriate action that may include removing the Grantee Agent from performing the Project. Article III. CONFIDENTIALITY Section 3.01 Confidential System Information DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Page 6 of 17 V 1.1 9.1.17 HHSC prohibits the unauthorized disclosure of Other Confidential Information. Grantee and all Grantee Agents will not disclose or use any Other Confidential Information in any manner except as is necessary for the Project or the proper discharge of obligations and securing of rights under the Contract. Grantee will have a system in effect to protect Other Confidential Information. Any disclosure or transfer of Other Confidential Information by Grantee, including information requested to do so by HHSC, will be in accordance with the Contract. If Grantee receives a request for Other Confidential Information, Grantee will immediately notify HHSC of the request, and will make reasonable efforts to protect the Other Confidential Information from disclosure until further instructed by the HHSC. Grantee will notify HHSC promptly of any unauthorized possession, use, knowledge, or attempt thereof, of any Other Confidential Information by any person or entity that may become known to Grantee. Grantee will furnish to HHSC all known details of the unauthorized possession, use, or knowledge, or attempt thereof, and use reasonable efforts to assist HHSC in investigating or preventing the reoccurrence of any unauthorized possession, use, or knowledge, or attempt thereof, of Other Confidential Information. HHSC will have the right to recover from Grantee all damages and liabilities caused by or arising from Grantee or Grantee Agents’ failure to protect HHSC’s Confidential Information as required by this section. IN COORDINATION WITH THE INDEMNITY PROVISIONS CONTAINED IN THE UTC, Grantee WILL INDEMNIFY AND HOLD HARMLESS HHSC FROM ALL DAMAGES, COSTS, LIABILITIES, AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES AND COSTS) CAUSED BY OR ARISING FROM Grantee OR Grantee AGENTS FAILURE TO PROTECT OTHER CONFIDENTIAL INFORMATION. Grantee WILL FULFILL THIS PROVISION WITH COUNSEL APPROVED BY HHSC. Article IV. MISCELLANEOUS PROVISIONS Section 4.01 Minor Administrative Changes HHSC’s designee, referred to as the Contract Manager, Project Sponsor, or other equivalent, in the Contract, is authorized to provide written approval of mutually agreed upon Minor Administrative Changes to the Project or the Contract that do not increase the fees or term. Changes that increase the fees or term must be accomplished through the formal amendment procedure, as set forth in the UTC. Upon approval of a Minor Administrative Change, HHSC and Grantee will maintain written notice that the change has been accepted in their Contract files. Section 4.02 Conflicts of Interest Grantee warrants to the best of its knowledge and belief, except to the extent already disclosed to HHSC, there are no facts or circumstances that could give rise to a Conflict of Interest and further that Grantee or Grantee Agents have no interest and will not acquire any direct or indirect interest that would conflict in any manner or degree with their performance under the Contract. Grantee will, and require Grantee Agents, to establish safeguards to prohibit Contract Agents from using DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Page 7 of 17 V 1.1 9.1.17 their positions for a purpose that constitutes or presents the appearance of personal or organizational Conflict of Interest, or for personal gain. Grantee and Grantee Agents will operate with complete independence and objectivity without actual, potential or apparent Conflict of Interest with respect to the activities conducted under the Contract. Grantee agrees that, if after Grantee’s execution of the Contract, Grantee discovers or is made aware of a Conflict of Interest, Grantee will immediately and fully disclose such interest in writing to HHSC. In addition, Grantee will promptly and fully disclose any relationship that might be perceived or represented as a conflict after its discovery by Grantee or by HHSC as a potential conflict. HHSC reserves the right to make a final determination regarding the existence of Conflicts of Interest, and Grantee agrees to abide by HHSC’s decision. If HHSC determines that Grantee was aware of a Conflict of Interest and did not disclose the conflict to HHSC, such nondisclosure will be considered a material breach of the Contract. Furthermore, such breach may be submitted to the Office of the Attorney General, Texas Ethics Commission, or appropriate State or federal law enforcement officials for further action. Section 4.03 Flow Down Provisions Grantee must include any applicable provisions of the Contract in all subcontracts based on the scope and magnitude of work to be performed by such Subcontractor. Any necessary terms will be modified appropriately to preserve the State's rights under the Contract. Section 4.04 Contracts with Subcontractors. a. Grantee may enter into contracts with subcontractors unless restricted or otherwise prohibited in the Contract. b. Grantee must obtain prior written approval from System Agency before entering into an agreement which subcontracts any portion of Grantee’s Scope of Work. c. Grantees are prohibited from subcontracting with for-profit organizations under this Contract. d. Subcontracting shall be conducted solely at the Grantee’s expense; e. Prior to entering into a subcontract agreement equaling or exceeding $100,000, Grantee will obtain written approval from the System Agency. f. Obtain written approval before modifying any subcontract agreement to cause the agreement to exceed $100,000. g. Establish written policies and procedures for competitive procurement and monitoring of subcontracts and will produce a subcontracting monitoring plan. h. Monitor subcontractors for both financial and programmatic performance and will maintain pertinent records. DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Page 8 of 17 V 1.1 9.1.17 i. Submit quarterly monitoring reports to the System Agency in a format determined by the System Agency. j. ensure that subcontracts are fully aware of the requirements placed upon them by state/federal statutes, rules, and regulations and by the provisions of this Contract. k. Ensure all subcontracts, must be in writing and include the following: 1. Name and address of all parties and the subcontractor’s Vendor Identification Number (VIN) or Employee Identification Number (EIN); 2. Detailed description of the services to be provided; 3. Measurable method and rate of payment and total not-to-exceed amount of the contract; 4. Clearly defined and executable termination clause; and 5. Beginning and ending dates that coincide with the dates of the Contract. l. Ensure and be responsible for the performance of the subcontractor(s). m. Not contract with a subcontractor, at any tier, that is debarred, suspended, or excluded from or ineligible for participation in federal assistance programs or if the subcontractor would be otherwise ineligible to abide by the terms of this Contract. Section 4.05 Status of Subcontractors. Grantees will require that all subcontractors certify that they are/have: a. In good standing with all state and federal funding and regulatory agencies; b. Not currently debarred, suspended or otherwise excluded from participation in federal grant programs; c. Not delinquent on any repayment agreements; d. Not had a required license or certification revoked; e. Not ineligible under the terms of the Contract; and f. Not had a contract terminated by the System Agency. g. Not voluntarily surrendered within the past three years any license issued by System Agency. Section 4.06 Incorporation of Terms in Subcontracts. a. Grantee will include in all its contracts with subrecipient subcontractors and solicitations for subrecipient subcontracts, without modification (except as required to make applicable to the subcontract): 1. Statement of Work 2. Uniform Terms and Conditions 3. Supplemental and Special Conditions DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Page 9 of 17 V 1.1 9.1.17 4. Federal Assurances and Certifications 5. Non-Exclusive List of Applicable Laws 6. A provision granting to the System Agency, State Auditor’s Office (SAO), Office of Inspector General (OIG), and the Comptroller General of the United States, and any of their representatives, the right of access to inspect the work and the premises on which any work is performed, and the right to audit the subcontractor. b. Grantee will ensure that all written agreements with subcontractors incorporate the terms of this Contract so that all terms, conditions, provisions, requirements, duties and liabilities under this Contract applicable to the services provided or activities conducted by a subcontractor are passed down to that subcontractor. c. No provision of this Contract creates privity of contract between the System Agency and any subcontractor of Grantee. Section 4.07 Notice of Legal Matter or Litigation. Grantee will notify the contract manager assigned to this Contract of any litigation or legal matter related to or affecting this Contract within seven (7) calendar days of becoming aware of the litigation or legal matter. Section 4.08 Grantee’s Notification of Change of Contact Person or Key Personnel. Within ten (10) business days, Grantee shall notify the assigned contract manager to this Contract in writing of any change in the Grantee’s Contact Persons or Key Personnel. Section 4.09 Notice of Organizational change. Within ten (10) business days, Grantee shall notify the assigned contract manager to this Contract in writing of any change to Grantee's name, contact information, organizational structure, such as merger, acquisition, or change in form of business, legal standing, or authority to do business in Texas. Section 4.10 Significant Incidents. In addition to notifying the appropriate authorities, Grantee will notify the assigned contract manager to this Contract in writing any significant incidents involving substantial disruption of Grantee’s program operation or affecting or potentially affecting the health, safety or welfare of the System Agency funded clients or participants within three (3) calendar days of discovery. Section 4.11 Equipment, Supplies and Property. The Grantee shall have a property management system that meets federal requirements as stated by this Contract and WIC program policy. Items to be used for the originally authorized purpose as long as needed for that purpose, during which time the Grantee not dispose of or encumber its title or other interests. DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Page 10 of 17 V 1.1 9.1.17 Grantee will not encumber equipment purchased with System Agency funds without prior written approval from the System Agency. a. Definitions “Capital Assets” are tangible or intangible assets used in operations having a useful life of more than one year. Capital assets include (1) Land, buildings (facilities), equipment, and intellectual property (including software) whether acquired by purchase, construction, manufacture, lease-purchase, exchange; and (2) Additions, improvements, modifications, replacements, rearrangements, reinstallations, renovations or alterations to capital assets that materially increase their value or useful life (not ordinary repairs and maintenance). “Designated Reportable Assets” for purposes of this Contract, are Designated Reportable Assets any nonexpendable tangible personal property with an acquisition cost of $250 or more but less than $5000. Includes (1) desktop and laptop computers, non-portable printers and copiers, software, firmware, (2) emergency management equipment, medical and laboratory equipment, and (3) communication devices and systems, and media equipment. “Equipment” is tangible and intangible personal property (including information technology systems) having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds $5,000. • “Intangible Property” is considered equipment but has no physical existence, such as trademarks, copyrights, patents and patent applications and property, such as loans, notes and other debt instruments, lease agreements, stock and other instruments of property ownership (whether the property is tangible or intangible). “Supplies” is defined as consumable items necessary to carry out the services under this Contract including medical supplies, drugs, janitorial supplies, office supplies, patient educational supplies, and any items of tangible personal property other than those defined as Capital assets, Designated Reportable Assets, and equipment above. b. Property Inventory 1. Items acquired by Grantee with grant funds that meets the equipment, capital assets, and designated reportable assets definitions above, shall be physically inventoried annually with results documented and maintained using the designated System Agency inventory system and or forms. 2. Grantee shall complete the System Agency grant property inventory by August 31 and the designated report updated/current by September 30. 3. Grantee’s current inventory will be available upon request and for monitoring. 4. Grantee inventory shall be reconciled with the approved inventory report to verify the existence, the current utilization, and continued need for the equipment. 5. Grantee property records shall be maintained by including the following: DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Page 11 of 17 V 1.1 9.1.17 i. Description of the property, ii. Serial number or other identification number, iii. Source of funding for the property, iv. Who holds title, v. Acquisition date, vi. Cost of the property, vii. Percentage of Federal participation in the project costs for the Federal award under which the property was acquired, the location, use and condition of the property, viii. Disposition data including the date of disposal and sale price of the property. c. Maintenance of Property 1. Grantee shall maintain, repair, and protect assets under this Contract to assure their full availability and usefulness. i. Grantee shall have adequate maintenance procedures developed to keep the property in good condition. ii. In addition to the Insurance provision of the Uniform Terms and Conditions, Grantee will maintain insurance or other means of repairing or replacing assets purchased with System Agency funds. 2. Grantee shall have a control system to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft must be investigated and reported to System Agency. i. Grantee shall report lost or stolen items to System Agency within five (5) days after discovery. ii. If Grantee is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to, the equipment, designated reportable assets, and/or controlled assets covered by this policy, the Grantee shall use the proceeds to repair or replace the equipment, or record the proceeds as program income. d. Disposition of Property 1. Grantee shall reference WIC program policy and the current American Hospital Association’s (AHA) “Estimated Useful Lives of Depreciable Hospital Assets” in disposing, of items purchased with grant funds that meet the equipment definition stated above. i. If, prior to the end of the useful life, any item that meets the equipment definition, is no longer needed to perform services under this Contract, or becomes inoperable, and had an acquisition price equal to or greater than $5,000, Grantee shall request disposition approval and instructions in writing from the contract manager assigned to this Contract. DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Page 12 of 17 V 1.1 9.1.17 ii. Grantee will ensure that disposition of that item is in accordance with Grantee’s established organizational disposal policies, Generally Accepted Accounting Principles, and any applicable federal guidance. iii. When disposing of property, Grantee must have proper sales procedures to ensure the highest possible return. 2. Grantee shall obtain disposition approval from System Agency on items that meet the Capital Assets definition no matter the acquisition cost or useful life. 3. Grantee shall maintain all records for three (3) years after disposition, replacement, or transfer of property funds. e. Bankruptcy. 1. In the event of bankruptcy, Grantee will; i. sever the System Agency property, equipment, and supplies in possession of Grantee from the bankruptcy, and title must revert to the System Agency. ii. when directed by the System Agency, return all such property, equipment and supplies to the System Agency. iii. ensure that its subcontracts, if any, contain a specific provision requiring that in the event of the subcontractor’s bankruptcy, the subcontractor must sever the System Agency property, equipment, and supplies in possession of the subcontractor from the bankruptcy, and title must revert to the System Agency, who may require that the property, equipment and supplies be returned to the System Agency. f. Closeout of Equipment 1. At the end of the term of a Contract that has no additional renewals or that will not be renewed (Closeout), or when a Contract is otherwise terminated, Grantee will submit System Agency an inventory of equipment purchased with System Agency funds and request disposition instructions for such equipment. i. The title of equipment, capital assets, designated reportable assets equipment, and supplies in possession of Grantee from the bankruptcy, will revert to the System Agency. 2. All equipment purchased with System Agency funds must be secured by Grantee at the time of Closeout, or termination of this Contract, and must be disposed of according to the System Agency’s disposition instructions, which may include return of the equipment to System Agency or transfer of possession to another System Agency Grantee, at Grantee’s expense. 3. Grantee to ensure that its subcontracts, if any, must sever the System Agency property, equipment, and supplies in possession of the subcontractor and title must revert to the DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Page 13 of 17 V 1.1 9.1.17 System Agency, who may require that the property, equipment and supplies be returned to the System Agency. Section 4.12 Unilateral Amendment. The System Agency reserves the right to amend this Contract through execution of a unilateral amendment signed by the contract manager for this Contract and provided to the Contractor with ten (10) days’ notice prior to execution of the amendment under the following circumstances to: a. To comply with a court order or judgment b. Incorporate new or revised federal or state laws, regulations, rules or policies c. Correct an obvious clerical error in this Contract; d. Modify a Contract Number or Agency ID Number; e. Change the name of the Contractor in order to reflect the Contractor’s name as recorded by the Texas Secretary of State. f. To correct the name, mailing address, or contact information for persons named in the Contract; g. To update service descriptions or rates (if applicable); h. To revise budget category or service type funding amounts without increasing or decreasing the contract funding amount or i. To change the state fiscal year funding amount, based on utilization of funds or availability of funds. Section 4.13 Bilateral Amendment. Except as provided for the Unilateral Amendment in section 2.07, this Contract can only be changed by a Bilateral Amendment executed by both Parties. ARTICLE V. DSHS LEGACY PROVISIONS Section 5.01 Notice of Criminal Activity and Disciplinary Actions a. Grantee shall immediately report in writing to their contract manager when Grantee has knowledge or any reason to believe that they or any person with ownership or controlling interest in the organization/business, or their agent, employee, subcontractor or volunteer that is providing services under this Contract has: 1. Engaged in any activity that could constitute a criminal offense equal to or greater than a Class A misdemeanor or grounds for disciplinary action by a state or federal regulatory authority; or 2. Been placed on community supervision, received deferred adjudication, or been indicted for or convicted of a criminal offense relating to involvement in any financial matter, federal or state program or felony sex crime. DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Page 14 of 17 V 1.1 9.1.17 b. Grantee shall not permit any person who engaged, or was alleged to have engaged, in any activity subject to reporting under this section to perform direct client services or have direct contact with clients, unless otherwise directed in writing by the System Agency. Section 5.02 Notice of IRS or TWC Insolvency Grantee shall notify in writing their assigned contract manager their insolvency, incapacity or outstanding unpaid obligations to the Internal Revenue Service (IRS) or Texas Workforce Commission within five days of the date of becoming aware of such. Section 5.03 Disaster Services In the event of a local, state, or federal emergency, including natural, man- made, criminal, terrorist, and/or bioterrorism events, declared as a state disaster by the Governor, or a federal disaster by the appropriate federal official, Grantee may be called upon to assist the System Agency in providing the following services: a. Community evacuation; b. Health and medical assistance; c. Assessment of health and medical needs; d. Health surveillance; e. Medical care personnel; f. Health and medical equipment and supplies; g. Patient evacuation; h. In-hospital care and hospital facility status; i. Food, drug and medical device safety; j. worker health and safety; k. Mental health and substance abuse; l. Public health information; m. Vector control and veterinary services; and n. Victim identification and mortuary services. Section 5.04 Consent by Non-Parent or Other State Law to Medical Care of a Minor Unless a federal law applies, before a Grantee or its subcontractor can provide medical, dental, psychological or surgical treatment to a minor without parental consent, informed consent must be obtained as required by Texas Family Code Chapter 32. Section 5.05 Telemedicine /Telepsychiatry Medical Services If Grantee or its subcontractor uses telemedicine/telepsychiatry, these services shall be in accordance with the Grantee's written procedures. Grantee must use a protocol approved by Grantee’s medical director and equipment that complies with the System Agency equipment standards, if applicable. Grantee's procedures for providing telemedicine service must include the following requirements: DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Page 15 of 17 V 1.1 9.1.17 a. Clinical oversight by Grantee’s medical director or designated physician responsible for medical leadership; b. Contraindication considerations for telemedicine use; c. Qualified staff members to ensure the safety of the individual being served by telemedicine at the remote site; d. Safeguards to ensure confidentiality and privacy in accordance with state and federal laws; e. Use by credentialed licensed providers providing clinical care within the scope of their licenses; f. Demonstrated competency in the operations of the system by all staff members who are involved in the operation of the system and provision of the services prior to initiating the protocol; g. Priority in scheduling the system for clinical care of individuals; h. Quality oversight and monitoring of satisfaction of the individuals served; and i. Management of information and documentation for telemedicine services that ensures timely access to accurate information between the two sites. Telemedicine Medical Services does not include chemical dependency treatment services provided by electronic means under 25 Texas Administrative Code Rule § 448.911. Section 5.06 Services and Information for Persons with Limited English Proficiency a. Grantee shall take reasonable steps to provide services and information both orally and in writing, in appropriate languages other than English, to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits and activities. b. Grantee shall identify and document on the client records the primary language/dialect of a client who has limited English proficiency and the need for translation or interpretation services and shall not require a client to provide or pay for the services of a translator or interpreter. c. Grantee shall make every effort to avoid use of any persons under the age of 18 or any family member or friend of the client as an interpreter for essential communications with a client with limited English proficiency unless the client has requested that person and using the person would not compromise the effectiveness of services or violate the client’s confidentiality and the client is advised that a free interpreter is available. Section 5.07 HIV/AIDS Model Workplace Guidelines Grantee shall implement System Agency’s policies based on the Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome (HIV/AIDS), AIDS Model Workplace Guidelines for Businesses at http://www.dshs.state.tx.us/hivstd/policy/policies.shtm, State Agencies and State Grantees Policy No. 090.021. DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Page 16 of 17 V 1.1 9.1.17 Grantee shall also educate employees and clients concerning HIV and its related conditions, including AIDS, in accordance with the Texas. Health & Safety Code §§ 85.112-114. Section 5.08 Medical Records Retention a. Grantee shall retain medical records in accordance with 22 TAC §165.1(b) or other applicable statutes, rules and regulations governing medical information. b. Grantee shall maintain full and complete records concerning WIC Program operations and the following requirements: 1. Records shall include, but not be limited to, information pertaining to financial operations, food delivery systems, food benefit issuance and redemption, equipment purchases and inventory, certification, nutrition education, civil rights and fair hearing procedures. 2. If United States Department of Agriculture (USDA) deems any of the WIC program records to be of historical interest, it may require System Agency or the Grantee to forward such records to the USDA whenever either entity is disposing of them. 3. All records shall be available during normal business hours for representatives of the USDA, System Agency and the Comptroller General of the United States to inspect, audit, and copy. Any reports or other documents resulting from the examination of such records that are publicly released may not include confidential applicant or participant information. Section 5.09 Notice of a License Action Grantee shall notify their contract manager of any action impacting its license to provide services under this Contract within five days of becoming aware of the action and include the following: a. Reason for such action; b. Name and contact information of the local, state or federal department or agency or entity; c. Date of the license action; and d. License or case reference number. Section 5.10 Interim Extension Amendment a. Prior to or on the expiration date of this Contract, the Parties agree that this Contract can be extended as provided under this Section. b. The System Agency shall provide written notice of interim extension amendment to the Grantee under one of the following circumstances: 1. Continue provision of services in response to a disaster declared by the governor; or 2. To ensure that services are provided to clients without interruption. c. The System Agency will provide written notice of the interim extension amendment that specifies the reason for it and period of time for the extension. DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Page 17 of 17 V 1.1 9.1.17 d. Grantee will provide and invoice for services in the same manner that is stated in the Contract. e. An interim extension under Section (b)(1) above shall extend the term of the contract not longer than 30 days after governor's disaster declaration is declared unless the Parties agree to a shorter period of time. f. An interim extension under Section (b)(2) above shall be a one-time extension for a period of time determined by the System Agency. Section 5.11 Child Abuse Reporting Requirement a. Grantees shall comply with child abuse and neglect reporting requirements in Texas Family Code Chapter 261. This section is in addition to and does not supersede any other legal obligation of the Grantee to report child abuse. b. Grantee shall comply with System Agency WIC Program Child Abuse policy. c. Grantee shall use the System Agency's Child Abuse Reporting Form located at www.System Agency.state.tx.us/childabusereporting as required by the System Agency. Grantee shall retain reporting documentation on site and make it available for inspection by the System Agency. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B 1. OMB Number: 4040-0007 Expiration Date: 02/28/2022 ASSURANCES - NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE:Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U. S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to 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. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3.Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4.Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5.Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6.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 Previous Edition Usable Standard Form 424B (Rev. 7-97) Prescribed by OMB Circular A-102Authorized for Local Reproduction 7.Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies 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. 8.Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Standard Form 424B (Rev. 7-97) Back 9. 12. 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 subagreements. 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. 10.Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11.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 Clean 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). 13.Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 14.Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15.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. 16.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 residence structures. 17.Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations." 18.Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE DATE SUBMITTEDAPPLICANT ORGANIZATION Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub-recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. 19. DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Corpus Christi-Nueces County Public Health District Health Director Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION - 1 -Health & Human Services Commission Form 4734 – June 2013 The certifications enumerated below represent material facts upon which DSHS relies when reporting information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DSHS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Signor cannot certify all of the statements contained in this section, Signor must provide written notice to DSHS detailing which of the below statements it cannot certify and why. Legal Name of Contractor: FFATA Contact # 1 Name, Email and Phone Number: Primary Address of Contractor: FFATA Contact #2 Name, Email and Phone Number: ZIP Code: 9-digits Required www.usps.com - DUNS Number: 9-digits Required www.sam.gov State of Texas Comptroller Vendor Identification Number (VIN) 14 Digits Printed Name of Authorized Representative Signature of Authorized Representative Title of Authorized Representative Date DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Health Director Annette Rodriquez Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION - 2 - Health & Human Services Commission Form 4734 – June 2013 As the duly authorized representative (Signor) of the Contractor, I hereby certify that the statements made by me in this certification form are true, complete and correct to the best of my knowledge. Did your organization have a gross income, from all sources, of less than $300,000 in your previous tax year? Yes No If your answer is "Yes", skip questions "A", "B", and "C" and finish the certification. If your answer is "No", answer questions "A" and "B". ________________________________________________________________________ A.Certification Regarding % of Annual Gross from Federal Awards. Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? Yes No B.Certification Regarding Amount of Annual Gross from Federal Awards. Did your organization receive $25 million or more in annual gross revenues from federal awards in the preceding fiscal year? Yes No If your answer is "Yes" to both question "A" and "B", you must answer question "C". If your answer is "No" to either question "A" or "B", skip question "C" and finish the certification. ________________________________________________________________________ C.Certification Regarding Public Access to Compensation Information. Does the public have access to information about the compensation of the senior executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? Yes No If your answer is “Yes” to this question, where can this information be accessed? ________________________________________________________________________ If your answer is “No” to this question, you must provide the names and total compensation of the top five highly compensated officers below. For example: John Blum:500000;Mary Redd:50000;Eric Gant:400000;Todd Platt:300000; Sally Tom:300000 Provide compensation information here: DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B GOVERNMENTAL ENTITY VERSION HHS Data Use Agreement v.8.5 October 23, 2019 1 of 11 DATA USE AGREEMENT BETWEEN THE TEXAS HEALTH AND HUMAN SERVICES SYSTEM AND CONTRACTOR This Data Use Agreement (“DUA”) is effective as of the date of the Base Contract into which it is incorporated (“Effective Date”), by and between the Texas Health and Human Services System, which includes the Texas Health and Human Services Commission and the Department of State Health Services (“HHS”) and Contractor (the "Base Contract"). ARTICLE 1. PURPOSE; APPLICABILITY; ORDER OF PRECEDENCE The purpose of this DUA is to facilitate access to, creation, receipt, maintenance, use, disclosure or transmission of Confidential Information with Contractor, and describe Contractor’s rights and obligations with respect to the Confidential Information and the limited purposes for which the Contractor may create, receive, maintain, use, disclose or have access to Confidential Information. This DUA also describes HHS’s remedies in the event of Contractor’s noncompliance with its obligations under this DUA. This DUA applies to both HHS business associates, as “business associate” is defined in the Health Insurance Portability and Accountability Act (HIPAA), and contractors who are not business associates, who create, receive, maintain, use, disclose or have access to Confidential Information on behalf of HHS, its programs or clients as described in the Base Contract. As a best practice, HHS requires its contractors to comply with the terms of this DUA to safeguard all types of Confidential Information. As of the Effective Date of this DUA, if any provision of the Base Contract conflicts with this DUA, this DUA controls. ARTICLE 2. DEFINITIONS For the purposes of this DUA, capitalized, underlined terms have the following meanings: “Authorized Purpose” means the specific purpose or purposes described in the Base Contract for Contractor to fulfill its obligations under the Base Contract, or any other purpose expressly authorized by HHS in writing in advance. “Authorized User” means a person: (1) Who is authorized to create, receive, maintain, have access to, process, view, handle, examine, interpret, or analyze Confidential Information pursuant to this DUA; (2) For whom Contractor warrants and represents has a demonstrable need to create, receive, maintain, use, disclose or have access to the Confidential Information; and (3) Who has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information as required by this DUA. “Breach” means an impermissible use or disclosure of electronic or non-electronic sensitive personal information by an unauthorized person or for an unauthorized purpose that compromises the security or DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B GOVERNMENTAL ENTITY VERSION HHS Data Use Agreement v.8.5 October 23, 2019 2 of 11 privacy of Confidential Information such that the use or disclosure poses a risk of reputational harm, theft of financial information, identity theft, or medical identity theft. Any acquisition, access, use, disclosure or loss of Confidential Information other than as permitted by this DUA shall be presumed to be a Breach unless Contractor demonstrates, based on a risk assessment, that there is a low probability that the Confidential Information has been compromised. “Confidential Information” means any communication or record (whether oral, written, electronically stored or transmitted, or in any other form) provided to or made available to Contractor or that Contractor may create, receive, maintain, use, disclose or have access to on behalf of HHS that consists of or includes any or all of the following: (1) Education records as defined in the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g; 34 C.F.R. Part 99 (2) Federal Tax Information as defined in Internal Revenue Code §6103 and Internal Revenue Service Publication 1075; (3) Personal Identifying Information (PII) as defined in Texas Business and Commerce Code, Chapter 521; (4) Protected Health Information (PHI) in any form including without limitation, Electronic Protected Health Information or Unsecured Protected Health Information as defined in 45 C.F.R. §160.103; (5) Sensitive Personal Information (SPI) as defined in Texas Business and Commerce Code, Chapter 521; (6) Social Security Administration Data, including, without limitation, Medicaid information means disclosures of information made by the Social Security Administration or the Centers for Medicare and Medicaid Services from a federal system of records for administration of federally funded benefit programs under the Social Security Act, 42 U.S.C., Chapter 7; (7) All privileged work product; (8) All information designated as confidential under the constitution and laws of the State of Texas and of the United States, including the Texas Health & Safety Code and the Texas Public Information Act, Texas Government Code, Chapter 552. “Destroy”, “Destruction”, for Confidential Information, means: (1) Paper, film, or other hard copy media have been shredded or destroyed such that the Confidential Information cannot be read or otherwise cannot be reconstructed. Redaction is specifically excluded as a means of data destruction. (2) Electronic media have been cleared, purged, or destroyed consistent with NIST Special Publication 800-88, "Guidelines for Media Sanitization," such that the Confidential Information cannot be retrieved. “Discover, Discovery” means the first day on which a Breach becomes known to Contractor, or, by exercising reasonable diligence would have been known to Contractor. DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B GOVERNMENTAL ENTITY VERSION HHS Data Use Agreement v.8.5 October 23, 2019 3 of 11 “Legally Authorized Representative” of an individual, including as provided in 45 CFR 435.923 (authorized representative); 45 CFR 164.502(g)(1) (personal representative); Tex. Occ. Code § 151.002(6); Tex. H. & S. Code §166.164 (medical power of attorney); and Texas Estates Code § 22.031 (representative). “Required by Law” means a mandate contained in law that compels an entity to use or disclose Confidential Information that is enforceable in a court of law, including court orders, warrants, subpoenas or investigative demands. “Subcontractor” means a person who contracts with a prime contractor to work, to supply commodities, or to contribute toward completing work for a governmental entity. “Workforce” means employees, volunteers, trainees or other persons whose performance of work is under the direct control of a party, whether or not they are paid by that party. ARTICLE 3. CONTRACTOR'S DUTIES REGARDING CONFIDENTIAL INFORMATION Section 3.01 Obligations of Contractor Contractor agrees that: (A) With respect to PHI, Contractor shall: (1) Make PHI available in a designated record set if requested by HHS, if Contractor maintains PHI in a designated record set, as defined in HIPAA. (2) Provide to HHS data aggregation services related to the healthcare operations Contractor performs for HHS pursuant to the Base Contract, if requested by HHS, if Contractor provides data aggregation services as defined in HIPAA. (3) Provide access to PHI to an individual who is requesting his or her own PHI, or such individual’s Legally Authorized Representative, in compliance with the requirements of HIPAA. (4) Make PHI available to HHS for amendment, and incorporate any amendments to PHI that HHS directs, in compliance with HIPAA. (5) Document and make available to HHS, an accounting of disclosures in compliance with the requirements of HIPAA. (6) If Contractor receives a request for access, amendment or accounting of PHI by any individual, promptly forward the request to HHS or, if forwarding the request would violate HIPAA, promptly notify HHS of the request and of Contractor’s response. HHS will respond to all such requests, unless Contractor is Required by Law to respond or HHS has given prior written consent for Contractor to respond to and account for all such requests. (B) With respect to ALL Confidential Information, Contractor shall: (1) Exercise reasonable care and no less than the same degree of care Contractor uses to protect its own confidential, proprietary and trade secret information to prevent Confidential Information from being used in a manner that is not expressly an Authorized Purpose or as Required by Law. Contractor will access, create, maintain, receive, use, disclose, transmit or Destroy Confidential Information in a secure fashion that protects against any reasonably anticipated threats or hazards to the security or integrity of such information or unauthorized uses. DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B GOVERNMENTAL ENTITY VERSION HHS Data Use Agreement v.8.5 October 23, 2019 4 of 11 (2) Establish, implement and maintain appropriate procedural, administrative, physical and technical safeguards to preserve and maintain the confidentiality, integrity, and availability of the Confidential Information, in accordance with applicable laws or regulations relating to Confidential Information, to prevent any unauthorized use or disclosure of Confidential Information as long as Contractor has such Confidential Information in its actual or constructive possession. (3) Implement, update as necessary, and document privacy, security and Breach notice policies and procedures and an incident response plan to address a Breach, to comply with the privacy, security and breach notice requirements of this DUA prior to conducting work under the Base Contract. Contractor shall produce, within three business days of a request by HHS, copies of its policies and procedures and records relating to the use or disclosure of Confidential Information. (4) Obtain HHS’s prior written consent to disclose or allow access to any portion of the Confidential Information to any person, other than Authorized Users, Workforce or Subcontractors of Contractor who have completed training in confidentiality, privacy, security and the importance of promptly reporting any Breach to Contractor's management and as permitted in Section 3.01(A)(3), above. Contractor shall produce evidence of completed training to HHS upon request. HHS, at its election, may assist Contractor in training and education on specific or unique HHS processes, systems and/or requirements. All of Contractor’s Authorized Users, Workforce and Subcontractors with access to a state computer system or database will complete a cybersecurity training program certified under Texas Government Code Section 2054.519 by the Texas Department of Information Resources. (5) Establish, implement and maintain appropriate sanctions against any member of its Workforce or Subcontractor who fails to comply with this DUA, the Base Contract or applicable law. Contractor shall maintain evidence of sanctions and produce it to HHS upon request. (6) Obtain prior written approval of HHS, to disclose or provide access to any Confidential Information on the basis that such act is Required by Law, so that HHS may have the opportunity to object to the disclosure or access and seek appropriate relief. If HHS objects to such disclosure or access, Contractor shall refrain from disclosing or providing access to the Confidential Information until HHS has exhausted all alternatives for relief. (7) Certify that its Authorized Users each have a demonstrated need to know and have access to Confidential Information solely to the minimum extent necessary to accomplish the Authorized Purpose and that each has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information contained in this DUA. Contractor and its Subcontractors shall maintain at all times an updated, complete, accurate list of Authorized Users and supply it to HHS upon request. (8) Provide, and shall cause its Subcontractors and agents to provide, to HHS periodic written confirmation of compliance with controls and the terms and conditions of this DUA. (9) Return to HHS or Destroy, at HHS’s election and at Contractor’s expense, all Confidential Information received from HHS or created or maintained by Contractor or any of Contractor’s agents or Subcontractors on HHS's behalf upon the termination or expiration of this DUA, if reasonably feasible and permitted by law. Contractor shall certify in writing to HHS that all such Confidential Information has been Destroyed or returned to HHS, and that Contractor and its agents and Subcontractors have retained no copies thereof. Notwithstanding the foregoing, Contractor acknowledges and agrees that it may not Destroy any Confidential Information if federal or state law, or HHS record retention policy or a litigation hold notice prohibits such Destruction. If such return or Destruction is not reasonably feasible, or is DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B GOVERNMENTAL ENTITY VERSION HHS Data Use Agreement v.8.5 October 23, 2019 5 of 11 impermissible by law, Contractor shall immediately notify HHS of the reasons such return or Destruction is not feasible and agree to extend the protections of this DUA to the Confidential Information for as long as Contractor maintains such Confidential Information. (10) Complete and return with the Base Contract to HHS, attached as Attachment 2 to this DUA, the HHS Security and Privacy Initial Inquiry (SPI) at https://hhs.texas.gov/laws- regulations/forms/miscellaneous/hhs-information-security-privacy-initial-inquiry-spi. The SPI identifies basic privacy and security controls with which Contractor must comply to protect Confidential Information. Contractor shall comply with periodic security controls compliance assessment and monitoring by HHS as required by state and federal law, based on the type of Confidential Information Contractor creates, receives, maintains, uses, discloses or has access to and the Authorized Purpose and level of risk. Contractor's security controls shall be based on the National Institute of Standards and Technology (NIST) Special Publication 800-53. Contractor shall update its security controls assessment whenever there are significant changes in security controls for HHS Confidential Information and shall provide the updated document to HHS. HHS also reserves the right to request updates as needed to satisfy state and federal monitoring requirements. (11) Comply with the HHS Acceptable Use Policy (AUP) and require each Subcontractor and Workforce member who has direct access to HHS Information Resources, as defined in the AUP, to execute an HHS Acceptable Use Agreement. (12) Only conduct secure transmissions of Confidential Information whether in paper, oral or electronic form. A secure transmission of electronic Confidential Information in motion includes secure File Transfer Protocol (SFTP) or encryption at an appropriate level as required by rule, regulation or law. Confidential Information at rest requires encryption unless there is adequate administrative, technical, and physical security as required by rule, regulation or law. All electronic data transfer and communications of Confidential Information shall be through secure systems. Contractor shall provide proof of system, media or device security and/or encryption to HHS no later than 48 hours after HHS's written request in response to a compliance investigation, audit, or the Discovery of a Breach. HHS may also request production of proof of security at other times as necessary to satisfy state and federal monitoring requirements. Deidentification of Confidential Information in accordance with HIPAA de-identification standards is deemed secure. (13) Designate and identify a person or persons, as Privacy Official and Information Security Official, each of whom is authorized to act on behalf of Contractor and is responsible for the development and implementation of the privacy and security requirements in this DUA. Contractor shall provide name and current address, phone number and e-mail address for such designated officials to HHS upon execution of this DUA and prior to any change. Upon written notice from HHS, Contractor shall promptly remove and replace such official(s) if such official(s) is not performing the required functions. (14) Make available to HHS any information HHS requires to fulfill HHS's obligations to provide access to, or copies of, Confidential Information in accordance with applicable laws, regulations or demands of a regulatory authority relating to Confidential Information. Contractor shall provide such information in a time and manner reasonably agreed upon or as designated by the applicable law or regulatory authority. (15) Comply with the following laws and standards if applicable to the type of Confidential Information and Contractor's Authorized Purpose: DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B GOVERNMENTAL ENTITY VERSION HHS Data Use Agreement v.8.5 October 23, 2019 6 of 11 • Title 1, Part 10, Chapter 202, Subchapter B, Texas Administrative Code; • The Privacy Act of 1974; • OMB Memorandum 17-12; • The Federal Information Security Management Act of 2002 (FISMA); • The Health Insurance Portability and Accountability Act of 1996 (HIPAA); • Internal Revenue Publication 1075 – Tax Information Security Guidelines for Federal, State and Local Agencies; • National Institute of Standards and Technology (NIST) Special Publication 800-66 Revision 1 – An Introductory Resource Guide for Implementing the Health Insurance Portability and Accountability Act (HIPAA) Security Rule; • NIST Special Publications 800-53 and 800-53A – Recommended Security Controls for Federal Information Systems and Organizations, as currently revised; • NIST Special Publication 800-47 – Security Guide for Interconnecting Information Technology Systems; • NIST Special Publication 800-88, Guidelines for Media Sanitization; • NIST Special Publication 800-111, Guide to Storage of Encryption Technologies for End User Devices containing PHI; • Family Educational Rights and Privacy Act • Texas Business and Commerce Code Chapter 521 • Any other State or Federal law, regulation, or administrative rule relating to the specific HHS program area that Contractor supports on behalf of HHS. (16) Be permitted to use or disclose Confidential Information for the proper management and administration of Contractor or to carry out Contractor’s legal responsibilities, except as otherwise limited by this DUA, the Base Contract, or law applicable to the Confidential Information, if: (a) Disclosure is Required by Law; (b) Contractor obtains reasonable assurances from the person to whom the information is disclosed that the person shall: 1. Maintain the confidentiality of the Confidential Information in accordance with this DUA; 2. Use or further disclose the information only as Required by Law or for the Authorized Purpose for which it was disclosed to the person; and 3. Notify Contractor in accordance with Section 4.01 of a Breach of Confidential Information that the person Discovers or should have Discovered with the exercise of reasonable diligence. DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B GOVERNMENTAL ENTITY VERSION HHS Data Use Agreement v.8.5 October 23, 2019 7 of 11 (C) With respect to ALL Confidential Information, Contractor shall NOT: (1) Attempt to re-identify or further identify Confidential Information that has been deidentified or attempt to contact any persons whose records are contained in the Confidential Information, except for an Authorized Purpose, without express written authorization from HHS. (2) Engage in prohibited marketing or sale of Confidential Information. (3) Permit, or enter into any agreement with a Subcontractor to, create, receive, maintain, use, disclose, have access to or transmit Confidential Information, on behalf of HHS without requiring that Subcontractor first execute either the Form Subcontractor Agreement, Attachment 1, or Contractor’s own Subcontractor agreement that ensures that the Subcontractor shall comply with the same safeguards and restrictions contained in this DUA for Confidential Information. Contractor is directly responsible for its Subcontractors’ compliance with, and enforcement of, this DUA. ARTICLE 4. BREACH NOTICE, REPORTING AND CORRECTION REQUIREMENTS Section 4.01. Cooperation and Financial Responsibility. (A) Contractor shall, at Contractor’s expense, cooperate fully with HHS in investigating, mitigating to the extent practicable, and issuing notifications as directed by HHS, for any Breach of Confidential Information. (B) Contractor shall make Confidential Information in Contractor’s possession available pursuant to the requirements of HIPAA or other applicable law upon a determination of a Breach. (C) Contractor’s obligation begins at the Discovery of a Breach and continues as long as related activity continues, until all effects of the Breach are mitigated to HHS’s satisfaction (the "incident response period"). Section 4.02. Initial Breach Notice. For federal information obtained from a federal system of records, including Federal Tax Information and Social Security Administration Data (which includes Medicaid and other governmental benefit program Confidential Information), Contractor shall notify HHS of the Breach within the first consecutive clock hour of Discovery. The Base Contract shall specify whether Confidential Information is obtained from a federal system of records. For all other types of Confidential Information Contractor shall notify HHS of the Breach not more than 24 hours after Discovery, or in a timeframe otherwise approved by HHS in writing. Contractor shall initially report to HHS's Privacy and Security Officers via email at: privacy@HHSC.state.tx.us and to the HHS division responsible for the Base Contract. Contractor shall report all information reasonably available to Contractor about the Breach. Contractor shall provide contact information to HHS for Contractor's single point of contact who will communicate with HHS both on and off business hours during the incident response period. Section 4.03 Third Business Day Notice: No later than 5 p.m. on the third business day after Discovery, or a time within which Discovery reasonably should have been made by Contractor of a Breach of Confidential Information, Contractor shall provide written notification to HHS of all reasonably available information about the Breach, and Contractor's investigation, including, to the extent known to Contractor: a. The date the Breach occurred; DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B GOVERNMENTAL ENTITY VERSION HHS Data Use Agreement v.8.5 October 23, 2019 8 of 11 b. The date of Contractor's and, if applicable, Subcontractor's Discovery; c. A brief description of the Breach, including how it occurred and who is responsible (or hypotheses, if not yet determined); d. A brief description of Contractor's investigation and the status of the investigation; e. A description of the types and amount of Confidential Information involved; f. Identification of and number of all individuals reasonably believed to be affected, including first and last name of the individual and if applicable, the Legally authorized representative, last known address, age, telephone number, and email address if it is a preferred contact method; g. Contractor’s initial risk assessment of the Breach demonstrating whether individual or other notices are required by applicable law or this DUA for HHS approval, including an analysis of whether there is a low probability of compromise of the Confidential Information or whether any legal exceptions to notification apply; h. Contractor's recommendation for HHS’s approval as to the steps individuals and/or Contractor on behalf of individuals, should take to protect the individuals from potential harm, including Contractor’s provision of notifications, credit protection, claims monitoring, and any specific protections for a Legally Authorized Representative to take on behalf of an individual with special capacity or circumstances; i. The steps Contractor has taken to mitigate the harm or potential harm caused (including without limitation the provision of sufficient resources to mitigate); j. The steps Contractor has taken, or will take, to prevent or reduce the likelihood of recurrence of a similar Breach; k. Identify, describe or estimate of the persons, Workforce, Subcontractor, or individuals and any law enforcement that may be involved in the Breach; l. A reasonable schedule for Contractor to provide regular updates regarding response to the Breach, but no less than every three (3) business days, or as otherwise directed by HHS in writing, including information about risk estimations, reporting, notification, if any, mitigation, corrective action, root cause analysis and when such activities are expected to be completed; and m. Any reasonably available, pertinent information, documents or reports related to a Breach that HHS requests following Discovery. Section 4.04. Investigation, Response and Mitigation. (A) Contractor shall immediately conduct a full and complete investigation, respond to the Breach, commit necessary and appropriate staff and resources to expeditiously respond, and report as required to HHS for incident response purposes and for purposes of HHS’s compliance with report and notification requirements, to the satisfaction of HHS. (B) Contractor shall complete or participate in a risk assessment as directed by HHS following a Breach, and provide the final assessment, corrective actions and mitigations to HHS for review and approval. DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B GOVERNMENTAL ENTITY VERSION HHS Data Use Agreement v.8.5 October 23, 2019 9 of 11 (C) Contractor shall fully cooperate with HHS to respond to inquiries and/or proceedings by state and federal authorities, persons and/or individuals about the Breach. (D) Contractor shall fully cooperate with HHS's efforts to seek appropriate injunctive relief or otherwise prevent or curtail such Breach, or to recover or protect any Confidential Information, including complying with reasonable corrective action or measures, as specified by HHS in a Corrective Action Plan if directed by HHS under the Base Contract. Section 4.05. Breach Notification to Individuals and Reporting to Authorities. (A) HHS may direct Contractor to provide Breach notification to individuals, regulators or third-parties, as specified by HHS following a Breach. (B) Contractor must comply with all applicable legal and regulatory requirements in the time, manner and content of any notification to individuals, regulators or third-parties, or any notice required by other state or federal authorities, including without limitation, notifications required by Texas Business and Commerce Code, Chapter 521.053(b) and HIPAA. Notice letters will be in Contractor's name and on Contractor's letterhead, unless otherwise directed by HHS, and will contain contact information, including the name and title of Contractor's representative, an email address and a toll-free telephone number, for the individual to obtain additional information. (C) Contractor shall provide HHS with draft notifications for HHS approval prior to distribution and copies of distributed and approved communications. (D) Contractor shall have the burden of demonstrating to the satisfaction of HHS that any required notification was timely made. If there are delays outside of Contractor's control, Contractor shall provide written documentation to HHS of the reasons for the delay. (E) If HHS directs Contractor to provide notifications, HHS shall, in the time and manner reasonably requested by Contractor, cooperate and assist with Contractor’s information requests in order to make such notifications. ARTICLE 5. GENERAL PROVISIONS Section 5.01 Ownership of Confidential Information Contractor acknowledges and agrees that the Confidential Information is and shall remain the property of HHS. Contractor agrees it acquires no title or rights to the Confidential Information. Section 5.02 HHS Commitment and Obligations HHS will not request Contractor to create, maintain, transmit, use or disclose PHI in any manner that would not be permissible under applicable law if done by HHS. Section 5.03 HHS Right to Inspection At any time upon reasonable notice to Contractor, or if HHS determines that Contractor has violated this DUA, HHS, directly or through its agent, will have the right to inspect the facilities, systems, books and records of Contractor to monitor compliance with this DUA. For purposes of this subsection, HHS’s agent(s) include, without limitation, the HHS Office of the Inspector General, the Office of the Attorney General of Texas, the State Auditor’s Office, outside consultants, legal counsel or other designee. DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B GOVERNMENTAL ENTITY VERSION HHS Data Use Agreement v.8.5 October 23, 2019 10 of 11 Section 5.04 Term; Termination of DUA; Survival This DUA will be effective on the date on which Contractor executes the Base Contract and will terminate upon termination of the Base Contract and as set forth herein. If the Base Contract is extended, this DUA is extended to run concurrent with the Base Contract. (A) If HHS determines that Contractor has violated a material term of this DUA; HHS may in its sole discretion: (1) Exercise any of its rights including but not limited to reports, access and inspection under this DUA and/or the Base Contract; or (2) Require Contractor to submit to a corrective action plan, including a plan for monitoring and plan for reporting as HHS may determine necessary to maintain compliance with this DUA; or (3) Provide Contractor with a reasonable period to cure the violation as determined by HHS; or (4) Terminate the DUA and Base Contract immediately and seek relief in a court of competent jurisdiction in Travis County, Texas. Before exercising any of these options, HHS will provide written notice to Contractor describing the violation and the action it intends to take. (B) If neither termination nor cure is feasible, HHS shall report the violation to the applicable regulatory authorities. (C) The duties of Contractor or its Subcontractor under this DUA survive the expiration or termination of this DUA until all the Confidential Information is Destroyed or returned to HHS, as required by this DUA. Section 5.05 Injunctive Relief (A) Contractor acknowledges and agrees that HHS may suffer irreparable injury if Contractor or its Subcontractor fails to comply with any of the terms of this DUA with respect to the Confidential Information or a provision of HIPAA or other laws or regulations applicable to Confidential Information. (B) Contractor further agrees that monetary damages may be inadequate to compensate HHS for Contractor's or its Subcontractor's failure to comply. Accordingly, Contractor agrees that HHS will, in addition to any other remedies available to it at law or in equity, be entitled to seek injunctive relief without posting a bond and without the necessity of demonstrating actual damages, to enforce the terms of this DUA. Section 5.06 Indemnification To the extent permitted by the Texas Constitution, laws and rules, and without waiving any immunities or defenses available to CONTRACTOR as a governmental entity, Contractor shall indemnify, defend and hold harmless HHS and its respective Executive Commissioner, employees, Subcontractors, agents (including other state agencies acting on behalf of HHS) or other members of HHS’ Workforce (each of the foregoing hereinafter referred to as “Indemnified Party”) against all actual and direct losses suffered by the Indemnified Party and all liability to third parties arising from or in connection with any breach of this DUA or from any acts or omissions related to this DUA by Contractor or its employees, directors, officers, DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B GOVERNMENTAL ENTITY VERSION HHS Data Use Agreement v.8.5 October 23, 2019 11 of 11 Subcontractors, or agents or other members of Contractor’s Workforce. The duty to indemnify, defend and hold harmless is independent of the duty to insure. Upon demand, Contractor shall reimburse HHS for any and all losses, liabilities, lost profits, fines, penalties, costs or expenses (including costs of required notices, investigation, and mitigation of a Breach, fines or penalties imposed on an Indemnified Party by a regulatory authority, and reasonable attorneys’ fees) which may be imposed upon any Indemnified Party to the extent caused by and which results from the Contractor’s failure to meet any of its obligations under this DUA. Contractor’s obligation to defend, indemnify and hold harmless any Indemnified Party will survive the expiration or termination of this DUA. Section 5.07 Insurance (A) As a governmental entity, CONTRACTOR either maintains commercial insurance or self- insures with policy limits in an amount sufficient to cover CONTRACTOR's liability arising under this DUA. CONTRACTOR will either require that the policy name HHS as an additional insured or assign any payments from the insurer related to CONTRACTOR’s liability arising under this DUA directly to HHS. HHSC reserves the right to consider alternative means for CONTRACTOR to satisfy CONTRACTOR's financial responsibility under this DUA. Nothing herein shall relieve CONTRACTOR of its financial obligations set forth in this DUA if CONTRACTOR fails to maintain insurance. (B) Contractor shall provide HHS with written proof that required insurance coverage is in effect, at the request of HHS. Section 5.08 Entirety of the Contract This DUA is incorporated by reference into the Base Contract and, together with the Base Contract, constitutes the entire agreement between the parties. No change, waiver, or discharge of obligations arising under those documents will be valid unless in writing and executed by the party against whom such change, waiver, or discharge is sought to be enforced. Section 5.09 Automatic Amendment and Interpretation Upon the effective date of any amendment or issuance of additional regulations to any law applicable to Confidential Information, this DUA will automatically be amended so that the obligations imposed on HHS and/or Contractor remain in compliance with such requirements. Any ambiguity in this DUA will be resolved in favor of a meaning that permits HHS and Contractor to comply with laws applicable to Confidential Information. Section 5.10 Notices; Requests for Approval All notices and requests for approval related to this DUA must be directed to the HHS Chief Privacy Officer at privacy@hhsc.state.tx.us. DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B ATTACHMENT 1. SUBCONTRACTOR AGREEMENT FORM HHS CONTRACT NUMBER _________________________________ The DUA between HHS and Contractor establishes the permitted and required uses and disclosures of Confidential Information by Contractor. Contractor has subcontracted with____________________________________ (Subcontractor) for performance of duties on behalf of CONTRACTOR which are subject to the DUA. Subcontractor acknowledges, understands and agrees to be bound by the same terms and conditions applicable to Contractor under the DUA, incorporated by reference in this Agreement, with respect to HHS Confidential Information. Contractor and Subcontractor agree that HHS is a third-party beneficiary to applicable provisions of the subcontract. HHS has the right, but not the obligation, to review or approve the terms and conditions of the subcontract by virtue of this Subcontractor Agreement Form. Contractor and Subcontractor assure HHS that any Breach as defined by the DUA that Subcontractor Discovers shall be reported to HHS by Contractor in the time, manner and content required by the DUA. If Contractor knows or should have known in the exercise of reasonable diligence of a pattern of activity or practice by Subcontractor that constitutes a material breach or violation of the DUA or the Subcontractor's obligations, Contractor shall: 1. Take reasonable steps to cure the violation or end the violation, as applicable; 2. If the steps are unsuccessful, terminate the contract or arrangement with Subcontractor, if feasible; 3. Notify HHS immediately upon Discovery of the pattern of activity or practice of Subcontractor that constitutes a material breach or violation of the DUA and keep HHS reasonably and regularly informed about steps Contractor is taking to cure or end the violation or terminate Subcontractor's contract or arrangement. This Subcontractor Agreement Form is executed by the parties in their capacities indicated below. CONTRACTOR SUBCONTRACTOR BY: BY: NAME: ______________________________ NAME:_________________________________ TITLE: ______________________________ TITLE:_________________________________ DATE _______________________, 201 . DATE:_________________________________ HHS Data Use Agreement v. 8.5 DocuSign Envelope ID: ACE2F2C5-69F8-4E50-8CE3-86032C7EC67B Certificate Of Completion Envelope Id: ACE2F2C569F84E508CE386032C7EC67B Status: Sent Subject: New $6,146,791; HHS000802100001; Corpus Christi Nueces Co PHD; MSS/HDIS/HDS/WIC Source Envelope: Document Pages: 93 Signatures: 0 Envelope Originator: Certificate Pages: 3 Initials: 0 Texas Health and Human Services Commission AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 1100 W. 49th St. Austin, TX 78756 PCS_DocuSign@hhsc.state.tx.us IP Address: 167.137.1.15 Record Tracking Status: Original 6/17/2020 4:50:20 PM Holder: Texas Health and Human Services Commission PCS_DocuSign@hhsc.state.tx.us Location: DocuSign Signer Events Signature Timestamp Trey Wood trey.wood@hhsc.state.tx.us Chief Financial Officer Texas Health and Human Services Security Level: Email, Account Authentication (None) Completed Using IP Address: 167.137.1.12 Sent: 6/17/2020 5:22:29 PM Viewed: 6/23/2020 9:29:02 PM Signed: 6/23/2020 9:29:07 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Annette Rodriquez annetter@cctexas.com Health Director Corpus Christi-Nueces County Public Health District Security Level: Email, Account Authentication (None) Sent: 6/23/2020 9:29:10 PM Viewed: 6/23/2020 11:14:42 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Andy Marker Edward.Marker@hhsc.state.tx.us Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Karen Ray Karen.Ray@hhsc.state.tx.us Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Chad Riley Chad.Riley@hhsc.state.tx.us Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp Dee Budgewater Dee.Budgewater@hhsc.state.tx.us Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Ellen Watkins Ellen.Watkins@hhsc.state.tx.us Texas Health and Human Services – WIC Program Security Level: Email, Account Authentication (None) Sent: 6/17/2020 5:22:29 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign HHSC FS Budget Contracts FS_BudgetContracts@hhsc.state.tx.us Security Level: Email, Account Authentication (None) Sent: 6/17/2020 5:22:29 PM Viewed: 6/18/2020 11:27:24 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign krisandra wilson krisandra.wilson@hhsc.state.tx.us Program Specialist V HHSC Security Level: Email, Account Authentication (None) Sent: 6/17/2020 5:22:29 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Cynthia Wright cynthia.wright@hhsc.state.tx.us Contract Specialist V HHSC Security Level: Email, Account Authentication (None) Sent: 6/17/2020 5:22:29 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Kathrine Galvan KathrineG2@cctexas.com Security Level: Email, Account Authentication (None) Sent: 6/23/2020 9:29:11 PM Viewed: 6/24/2020 7:58:25 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/23/2020 9:29:11 PM Payment Events Status Timestamps DATE: September 22, 2020 TO: Peter Zanoni, City Manager FROM: Tracey Cantu, Interim Director of Park and Recreation TraceyC@cctexas.com 361-826-3042 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com 361-826-3169 CAPTION: 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. SUMMARY: This motion authorizes a six-month service agreement to replace the flooring for the basketball court and court border at Ben Garza Gym. BACKGROUND AND FINDINGS: Ben Garza Gym is a multi-purpose municipal gymnasium facility under the City of Corpus Christi Parks and Recreation Department. The gym includes one regulation sized basketball court which can be used as volleyball, pickleball, and floor hockey courts, and other indoor sports programming such as soccer. The basketball court is approximately 8,700 square feet. The current gym flooring was installed over 30 years ago and has doubled its estimated 15-year life expectancy. The basketball court and border around the court will be replaced. Approximately 75% of the gym flooring has lifted, forming air pockets, and has become a safety issue. As a result of the poor conditions of the floor and the safety hazard, the department began renting the Bishop Garriga Middle School gym for 8 weeks from January through March of 2020 to facilitate 60 league games for the recent 2020 winter league season. Basketball Court Floor Replacement for Ben Garza Gym AGENDA MEMORANDUM Action Item for the City Council Meeting September 22, 2020 Contracts and Procurement conducted a competitive request for bid process to obtain bids for the flooring replacement. The City received two bids, and is recommending the award to the lowest responsive, responsible bidder, Lone Star Game Courts, LLC dba South Texas Sport Court Flooring. ALTERNATIVES: If the service agreement is not approved, the basketball court will remain unplayable for basketball games and other league events and the department would continue to rent private gymnasiums for large indoor sporting events. Continuing to rent a private gym for large indoor sporting events would result in inefficient expenditures. FISCAL IMPACT: The fiscal impact for FY20 is an amount of $115,590.00 to be funded by the CDBG Grants and General Funds. FUNDING DETAIL: Fund: 1059 CDBG Grants Organization/Activity: 852006F Ben Garza Gym Improvements Mission Element: 132 Revitalize and Stabilize Neighborhoods Project # (CIP Only): N/A Account: 520130 Maintenance and Repairs Cost: $100,000.00 Fund: 1020 General Fund Organization/Activity: 13041 Athletics Operations Mission Element: 142 Provide recreational, social, cultural programs & activities Project # (CIP Only): N/A Account: 530000 Professional Services Cost: $15,590.00 RECOMMENDATION: Staff recommends approval of this motion authorizing a six-month service agreement with Lone Star Game Courts, LLC dba South Texas Sport Court Flooring as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tab ITEM DESCRIPTION QTY UNIT UNIT PRICE EXTENDED COST UNIT PRICE EXTENDED COST 1 Floor Replacement for Ben Gaza Gym-includes labor, materials and freight 1 Lump Sum $ 113,490.00 $ 113,490.00 $ 243,525.00 $ 243,525.00 2 Telescopic Court Volleyball System 3-1/2" Telescoping steel upreights with lock height adjustment 1 Lump Sum $ 2,100.00 $ 2,100.00 $ 23,100.00 $ 23,100.00 $ 115,590.00 $ 266,625.00 BID TABULATION Cubit Contracting, LLC TOTAL Lone Star Game Courts, LLC dba South Texas Sport Court Flooring CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT BUYER: CINDY RAMOS RFB 2982 - FLOORING REPLACEMENT FOR BEN GARZA GYM Service Agreement Standard Form – Federal Funding Page 1 of 8 SERVICE AGREEMENT NO. 2982 Flooring Replacement for Ben Garza Gym THIS Flooring Replacement for Ben Garza Gym Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Lone Star Game Courts, LLC dba South Texas Sport Court Flooring (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Flooring Replacement for Ben Garza Gym in response to Request for Bid/Proposal No. 2982 (“RFB/RFP”), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor’s bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Flooring Replacement for Ben Garza Gym (“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 six months, 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-month periods (“Option Period(s)”), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $115,590.00, 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: DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Service Agreement Standard Form – Federal Funding Page 2 of 8 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: Roberta Rodriguez Department: Parks and Recreation Phone: 361-826-3166 Email: RobertaO@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond’s terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Service Agreement Standard Form – Federal Funding Page 3 of 8 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, must be paid by the Contractor within 30 days of receipt of City’s invoice. 8. Warranty. (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: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Service Agreement Standard Form – Federal Funding Page 4 of 8 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments and Changes. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. Any changes that alter the method, price, or schedule of work must be allowable, allocable, within the scope of any federal grant or cooperative agreement, and reasonable for the completion of the project scope. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Roberta Rodriguez Title: Contracts/Funds Administrator Address: 1201 Leopard St., Corpus Christi, Texas 78401 Phone: 361-826-3166 Fax: 361-826-4352 IF TO CONTRACTOR: Lone Star Game Courts, LLC dba South Texas Sport Court Flooring Attn: Eric Meyer Title: Owner Address: 2227 Sapphire Oak, San Antonio, TX 78233 Phone: 210-241-0005 DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Service Agreement Standard Form – Federal Funding Page 5 of 8 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 for Contractor’s failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Termination for Convenience. Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. In the event of termination for convenience, the Contractor will be compensated for all Services performed prior to the date of termination. The City shall have no further obligations to the Contractor. DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Service Agreement Standard Form – Federal Funding Page 6 of 8 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 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. 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 DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Service Agreement Standard Form – Federal Funding Page 7 of 8 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 requirements provided for the Federal Emergency Management Agency (FEMA), the Federal Aviation Administration (FAA) and/or other federal agencies. A set of Federal Requirements has been attached as Attachment E, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. The Contractor must comply with Attachment E while performing the Services. The Contractor will insert in any subcontracts all Federal Provisions/Requirements contained in the Agreement, such other clauses as FEMA, the FAA, or their designees 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] DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 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. 2982 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Owner Eric Meyer 9/2/2020 Page 1 of 2 ATTACHMENT A: SCOPE OF WORK 1. General Requirements/Background Information The Contractor shall provide for a turnkey project which includes the removal and installation of approximately 8,700 square feet of vinyl flooring at the Ben Garza Gym as outlined in this Scope of Work. 2. Scope of Work The Contractor shall provide labor, supervision, parts, supplies, materials, tools, equipment, and transportation necessary to perform these services. A. The Contractor shall remove, haul away, and dispose of Vinyl Flooring. B. The Contractor shall Install High Gloss Light Maple color for Basketball court 74’3 by 116’ C. The Contractor shall paint High Gloss Black for basketball court perimeter stripe. D. The Contractor shall Install High Gloss Solid Color for space between court and wall. E. The Contractor shall remove and reinstall the bleachers. F. The Contractor shall install Aluminum track with Vinyl T-molding at doorways. G. The Contractor shall install Roppe Sanitary Cove Molding 375’ H. The Contractor shall add Parks and Recreation Logo, 8x4-10 at Center court with the logo digitally printed on high gloss flooring I. Core concrete for 4 volleyball sleeves as follows: 1. Core Concrete for a two-court volleyball system – (Appendix A) #1 2. Anchor two volleyball sleeves at designated locations on North and South Ends of basketball court (4 total) (Appendix A) #2 3. Install two volleyball sleeves at designated locations on North and South Ends of basketball court (4 total) (Appendix A) #3 4. Extra mounting brackets to anchor suspended volleyball sleeves. DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 2 of 2 3. Work Site and Conditions The work shall be performed at the following location: Ben Garza Gym – 1815 Howard Street, Corpus Christi, Texas 78408 4. Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 5. Insurance and Bonds The Contractor shall provide a payment bond if the estimate of this project exceeds $50,000 and a performance bond if the estimate of this project exceeds $100,000. Insurance and bonds must be maintained throughout the term of the contract. 6. Warranty The Contractor shall provide a one-year warranty on workmanship. DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Thursday, July 23, 2020 Lone Star Game Courts, LLC DBA: South Texas Sport Court Flooring 113,490.00 2,100.00 115,590.00 ATTACHMENT B: BID/PRICING FORM Page 1 of 1 DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 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 herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor must furnish to the City’s Risk Manager and Contract Administrator 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 for 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. C. In the event of accidents of any kind related to this project, Consultant must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. 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 AUTOMOBILE LIABILITY (including) 1. Owned 2. Hired & Non-owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS’ COMPENSATION Employer’s Liability Statutory $500,000 / $500,000 / $500,000 DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 2 of 3 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in an amount sufficient to assure that all workers’ compensation obligations incurred by the Contractor will be promptly met. An All States endorsement shall be required if consultant 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 replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Contractor or as requested by the City. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: ▪ List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers’ compensation policy. ▪ Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; ▪ Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and ▪ Provide 30 calendar days advance written notice directly to City of any cancellation, non-renewal, material change or termination in coverage and not less than ten calendar days advance written notice for nonpayment of premium. DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 3 of 3 E. Within five calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor’s performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 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 Consultant 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 agreement. 2020 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services – Services Performed Onsite 04/14/2020 Risk Management – Legal Dept. Bonds: The Contractor shall provide a payment bond if the estimate of this project exceeds $50,000 and a performance bond if the estimate of this project exceeds $100,000. Insurance and bonds must be maintained throughout the term of the contract. DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 ATTACHMENT D: WARRANTY REQUIREMENTS Workmanship - One year Manufacturer's Warranty Page 1 of 1 DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 1 of 45 Attachment E – Federal Requirements FEDERAL REQUIREMENTS TABLE OF CONTENTS Section No. Title FR-01 Breach of Contract Terms FR-02 Termination of Contract FR-03 Equal Employment Opportunity - 41 CFR Part 60-1.4(b) FR-04 Standard Federal Equal Employment Opportunity Construction Contract Specifications – 41 CFR Part 60.4.3 FR-05 Copeland Anti-Kickback Act 29 CFR Part 5 FR-06 Davis-Bacon Labor Requirements 29 CFR part 5 FR-07 Contract Work hours and Safety Standards Act Requirements FR-08 Regulations Pertaining to Reporting FR-09 Rights to Inventions FR-10 Access to Records and Record Retention FR-11 Clean Air and Water Pollution Control FR-12 Energy Conservation Requirements FR-13 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion FR-14 Lobbying and Influencing Federal Employees FR-15 Economic Opportunities for Low and Very-Low Income Persons FR-16 Affirmative Action Regulations and Plan FR-17 Women and Minority Owned Businesses (M/WBE) FR-18 Accessibility Section 504 Compliance FR-19 Texas Architectural Barriers Act FR-20 Drug-Free Workplace Requirements FR-21 Field Requirements DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 2 of 45 FEDERAL REQUIREMENTS: FR-01 BREACH OF CONTRACT TERMS Any violation or breach of terms of this contract on the part of the contractor or their 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. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor as provided in 29 CFR 5.12. DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 3 of 45 FEDERAL REQUIREMENTS: FR-02 TERMINATION OF CONTRACT a. The City may, by written notice, terminate this contract in whole or in part at any time, either for the CIty's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the City. b. If the termination is for the convenience of the City, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. c. If the termination is due to failure to fulfill the contractor's obligations, the City may take over the work and prosecute the same to completion by contract or otherwise. In such case, the contractor shall be liable to the City for any additional cost occasioned to the City thereby. d. If, after notice of termination for failure to fulfill contract obligations, it is determined that the contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the City. In such event, adjustment in the contract price shall be made as provided in this clause. e. The rights and remedies of the City provided in this clause are in addition to any other rights and remedies provided by law or under this contract. Reference: 24 CFR 85.36 DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 4 of 45 FEDERAL REQUIREMENTS: FR-03 EQUAL EMPLOYMENT OPPORTUNITY - Executive Order 11246 as amended, 41 CFR PART 60-1.4(b) During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 3. The contractor will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representatives of the contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedure authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provision, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. [Sec. 202 amended by DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 5 of 45 EO 11375 of Oct 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684. EO 12086 of Oct 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] SEC. 203.Each contractor having a contract containing the provisions prescribed in Section 202 shall file, and shalt cause each of his subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed. Compliance Reports shall be filed within such times and shall contain such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the contractor and each subcontractor, and shall be in such form, as the Secretary of Labor may prescribe. Contractors or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive order, and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract. Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeship or training for such workers, the Compliance Report shall include such information as to such labor union's or agency's practices and policies affecting compliance as the Secretary of Labor may prescribe: Provided, That to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor, the contractor shall so certify to the Secretary of Labor as part of its Compliance Report and shall set forth what efforts he has made to obtain such information. The Secretary of Labor may direct that any contractor or subcontractor shall submit, as part of his/her Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training, with which the contractor deals, with supporting information, to the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion, sex or national origin, and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this Order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the order. In the event that the union, or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Secretary of Labor may require. [Sec. 203 amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684; EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p.230 Reference: Executive Order 11246 & Title 41 CFR Part 60 -1.4 DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 6 of 45 FEDERAL REQUIREMENTS: FR-04 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS - 41 CFR Part 60.4.3 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. "Minority" includes: (1) Black (all) persons having origins in any of the Black African racial groups not of Hispanic origin); (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The contractor shall implement the specific affirmative action standards provided in paragraphs 18.7a through 18.7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 7 of 45 Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto. 6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the contractor during the training period and the contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or female sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 8 of 45 once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such a superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (18.7a through 18.7p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 18.7a through 18.7p of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 9 of 45 effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, if the particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally,) the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized. 10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 18.7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). Reference: Executive Order 11246 & Title 41 CFR Part 60 – 4.3 DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 10 of 45 FEDERAL REQUIREMENTS: FR-05 COPELAND “ANTI-KICKBACK” ACT – 18 U.S.C. 874 / 40 U.S.C. 276c / 29 CFR Part 3 Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. TITLE 18, U.S.C. Sec. 874. Kickbacks from public works employees "Whoever, by force, intimidation, or threat of procuring dismissal from employment, or by any other manner whatsoever induces any person employed in the construction, prosecution, completion or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he is entitled under his contract of employment, shall be fined not more than $5,000 or imprisoned not more than five years, or both." [18 U.S.C. 874 (June 25, 1948, ch. 645, Sec. 1, 62 Stat. 740, eff. Sept. 1, 1948) replaces the former sec. 1 of the Copeland Act of June 13, 1934 (48 Stat. 948), which was codified as 40 U.S.C. 276b prior to its repeal by 62 Stat. 862, eff. Sept. 1, 1948.] TITLE 40, U.S.C. (as amended) Sec. 276c, Regulations governing contractors and subcontractors "The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the construction, prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States, including a provision that each contractor and subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 of the United States Code (Criminal Code and Criminal Procedure) shall apply to such statements." [40 U.S.C. 276c, as amended (48 Stat. 948 as amended by 62 Stat. 862, 63 Stat. 108, and 72 Stat. 967) constitutes the Copeland Act in its present form, which is a revision of section 2 of the original Act of June 13, 1934, section 1 of the original Act was repealed coincidentally with its replacement by 18 U.S.C. 874, set out above.] Reorganization Plan No. 14 of 1950 (15 F.R. 3176, 64 Stat. 1267, 5 U.S.C. 133z note): "In order to assure coordination of administration and consistency of enforcement of the labor standards provision of each of the [foregoing and other enumerated] Acts by the Federal agencies responsible for the administration thereof, the Secretary of Labor shall prescribe appropriate standards, regulations, and procedures, which shall be observed by these agencies, and cause to be made by the Department of Labor such investigations, with respect to compliance with and enforcement of such labor standards, as he deems desirable, ..." DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 11 of 45 FEDERAL REQUIREMENTS: FR-06 FEDERAL LABOR STANDARDS PROVISIONS (HUD 4010) DAVIS - BACON REQUIREMENTS Compliance with Davis-Bacon and Related Act Requirements: All rulings and interpretations of the Davis-Bacon and Related Acts Contained in 29 CFR Parts 1, 3 and 5 are herein incorporated by reference. For additional information regarding Labor Rates, please go to the following United States Department of Labor website: http://www.dol.gov/whd/contracts/dbra.htm Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. 1. (i) Minimum Wages All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a.)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii) (a) Any class of laborers or mechanics, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 12 of 45 (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budged under OMB control number 12150140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budged under OMB control number 12150140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budged under OMB control number 12150140.) 2. Withholding. HUD or its designee 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 the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to David-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 13 of 45 Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014- 1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance, "signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under CFR 5.5(a)(3)(i) above and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 14 of 45 (iii) The contractor or subcontractor shall make the records required under paragraph A.3.(i) available for inspection, copying or transcription by authorized representatives of HUD or its designee, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 15 of 45 wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in subparagraphs 1 through 11 of this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded. Government contracts by virtue of section 3(a) of the Davis- Bacon Act or 29 CFR 5.12(a) (1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CF Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12 (a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S. Criminal 1001. Additionally, U.S. Criminal Code Section 1 01 0, Title 18, U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C, “Federal Housing Administration transactions”, provides in part: “Whoever, for the purpose of ….. influencing in any way the action of such Administration….makes, utters or publishes any statement DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 16 of 45 knowing the same to be false…..shall be fined not more than $5,000 or imprisoned not more than two years, or both.” 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provision of this Contract are applicable shall be discharged or in any other manner discrimination against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. Reference: Title 29 CFR Part 5.5 DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 17 of 45 WAGE RATES DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 18 of 45 DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 19 of 45 DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 20 of 45 DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 21 of 45 FEDERAL REQUIREMENTS: FR-07 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT REQUIREMENTS 29 CFR PART 5 (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 40 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 subparagraph (1) of this paragraph, 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 subparagraph (1) of this paragraph above, 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 40 hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee 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 monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this paragraph. (4) Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this paragraph and also a clause requiring the subcontractor 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 subparagraphs (1) through (4) of this paragraph. (5) Health and Safety. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his/her health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, 40 USC 3701 et seq. The Contractor shall include the provisions of this para-graph in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary Reference: 29 CFR Part 5.5 & Advisory Circular 150/5100-6d DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 22 of 45 FEDERAL REQUIREMENTS: FR-08 REGULATIONS REGARDING REPORTING INSTRUCTIONS HUD FORM 2516 This report is to be completed by grantees, developers, sponsors, builders, agencies, and/or project owners for reporting contract and subcontract activities of $10,000 or more under the following programs: Community Development Block Grants (entitlement and small cities); Urban Development Action Grants; Housing Development Grants; Multifamily Insured and Noninsured; Public and Indian Housing Authorities; and contracts entered into by recipients of CDBG rehabilitation assistance. Contracts/subcontracts of less than $10,000 need be reported only if such contracts represent a significant portion of your total contracting activity. Include only contracts executed during this reporting period. Section 3 This form has been modified to capture Section 3 contract data in columns 7g and 7i. Section 3 requires that the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs shall, to the greatest extent feasible, be directed toward low- and very low-income persons, particularly those who are recipients of government assistance for housing. Recipients using this form to report Section 3 contract data must also use Part I of form HUD- 60002 to report employment and training opportunities data. Form HUD-2516 is to be may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of the Secretary’s findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low-income families. Very low-income persons means low-income families (including single persons) whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary’s findings that such variations are necessary because of unusually high or low family incomes. Submit two (2) copies of this report to your local HUD Office within ten (10) days after the end of the reporting period you checked in item 4 on the front. Community Development Programs 1. Grantee: Enter the name of the unit of government submitting this report. 2. Contact Person: Enter name and phone of person responsible for maintaining and submitting contract/subcontract data. 3. Contact Person: Enter name and phone of person responsible for maintaining and submitting contract/subcontract data. 7a. Grant Number: Enter the HUD Community Development Block Grant Identification Number (with dashes). For example: B-32-MC-25-0034. For Entitlement Programs and Small City multi-year comprehensive programs, enter the latest approved grant number. 7b. Amount of Contract/Subcontract: Enter the dollar amount rounded to the nearest dollar. If subcontractor ID number is provided in 7f, the dollar figure would be for the subcontract only and not for the prime contract. 7c. Type of Trade: Enter the numeric codes which best indicates the contractor's/subcontractor's service. If subcontractor ID number is provided in 7f., the type of trade code would be for the subcontractor only and not for the prime contractor. The "other" category includes supply, professional services and all other activities except construction and education/training activities. 7d. Business Racial/Ethnic/Gender Code: Enter the numeric code which indicates the racial/ethnic /gender character of the owner(s) and controller(s) of 51% of the business. When 51% or more is not owned and controlled by any single racial/ethnic/ gender category, enter the code which seems most appropriate. If the subcontractor ID number is provided, the code would apply to the subcontractor and not to the prime contractor. 7e. Woman Owned Business: Enter Yes or No. DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 23 of 45 7f. Contractor Identification (ID) Number: Enter the Employer (IRS) Number of the unique identifier for prime recipient of HUD funds. Note that the Employer (IRS) Number must be provided for each contract/subcontract awarded. 7g. Section 3 Contractor: Enter Yes or No. 7h. Subcontractor Identification (ID) Number: Enter the Employer (IRS) Number of the subcontractor as the unique identifier for each subcontract awarded from HUD funds. When the subcontractor ID Number is provided, the respective Prime Contractor ID Number must also be provided. 7i. Section 3 Contractor: Enter Yes or No. 7j. Contractor/Subcontractor Name and Address: Enter this information for each A Section 3 contractor/subcontractor is a business concern that provides economic opportunities to low-and very low-income residents of the metropolitan area (nonmetropolitan county), including a business concern that is 51 percent or more owned by low- or very low-income residents; employs a substantial number of low- or very low- income residents; or provides subcontracting or business development opportunities to businesses owned by low- or very low-income residents. Low- and very low-income residents include participants in Youth build programs established under Subtitle D of Title IV of the Cranston-Gonzalez National Affordable Housing Act. The terms “low-income persons” and “very low-income persons” have the same meanings given the terms in section 3(b) (2) of the United States Housing Act of 1937. Low-income persons mean families (including single persons) whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that the Secretary may establish Income ceilings higher or lower than 80 percent of the median for the area on the basis of the Secretary's findings such that variations are necessary because of prevailing levels of construction costs or unusually high or low-income families. Very low-income persons mean low-Income families (including single persons) whose incomes do not exceed 50 percent of the median family Income area, as determined by the Secretary with adjustments or similar and larger families, except that the Secretary may establish income ceilings higher or lower than 50 percent of the median for the area on the basis of the Secretary’s findings that such variations are necessary because of unusually high or low family incomes. INSTRUCTIONS FOR: FORM HUD-60002, Section 3 Summary Report, Economic Opportunities for Low- and Very Low-Income Persons. Instructions: This form is to be used to report annual accomplishments regarding employment and other economic opportunities provided to low- and very low-income persons under Section 3 of the Housing and Urban Development Act of 1968. The Section 3 regulations apply to any public and Indian housing programs that receive: (1) development assistance pursuant to Section 5 of the U.S. Housing Act of 1937; (2) operating assistance pursuant to Section 9 of the U.S. Housing Act of 1937; or (3) modernization grants pursuant to Section 14 of the U.S. Housing Act of 1937 and to recipients of housing and community development assistance in excess of $200,000 expended for: (1) housing rehabilitation (including reduction and abatement of lead-based paint hazards); (2) housing construction; or (3) other public construction projects; and to contracts and subcontracts in excess of $100,000 awarded in connection with the Section-3-covered activity. Form HUD-60002 has three parts, which are to be completed for all programs covered by Section 3. Part I relates to employment and training. The recipient has the option to determine numerical employment/training goals either on the basis of the number of hours worked by new hires (columns B, D, E and F). Part II of the form relates to contracting, and Part III summarizes recipients’ efforts to comply with Section 3. Recipients or contractors subject to Section 3 requirements must maintain appropriate documentation to establish that HUD financial assistance for housing and community development programs were directed toward low- and very low-income persons.* A recipient of Section 3 covered assistance shall submit one copy of this report to HUD Headquarters, Office of Fair Housing and Equal Opportunity. Where the program providing assistance requires an annual performance report, this Section 3 report is to be submitted at the same time the program performance report is submitted. Where an annual performance report is not required, DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 24 of 45 this Section 3 report is to be submitted by January 10 and, if the project ends before December 31, within 10 days of project completion. Only Prime Recipients are required to report to HUD. The report must include accomplishments of all recipients and their Section 3 covered contractors and subcontractors. HUD Field Office: Enter the Field Office name. 1. Recipient: Enter the name and address of the recipient submitting this report. 2. Federal Identification: Enter the number that appears on the award form (with dashes). The award may be a grant, cooperative agreement or contract. 3. Dollar Amount of Award: Enter the dollar amount, rounded to the nearest dollar, received by the recipient. 4 & 5. Contact Person/Phone: Enter the name and telephone number of the person with knowledge of the award and the recipient’s implementation of Section 3. 6. Reporting Period: Indicate the time period (months and year) this report covers. 7. Date Report Submitted: Enter the appropriate date. 8. Program Code: Enter the appropriate program code as listed at the bottom of the page. 9. Program Name: Enter the name of HUD Program corresponding with the “Program Code” in number 8. Part I: Employment and Training Opportunities Column A: Contains various job categories. Professionals are defined as people who have special knowledge of an occupation (i.e. supervisors, architects, surveyors, planners, and computer programmers). For construction positions, list each trade and provide data in columns B through F for each trade where persons were employed. The category of “Other” includes occupations such as service workers. Column B: (Mandatory Field) Enter the number of new hires for each category of workers identified in Column A in connection with this award. New hire refers to a person who is not on the contractor’s or recipient’s payroll for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column C: (Mandatory Field) Enter the number of Section 3 new hires for each category of workers identified in Column A in connection with this award. Section 3 new hire refers to a Section 3 resident who is not on the contractor’s or recipient’s payroll for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column D: Enter the percentage of all the staff hours of new hires (Section 3 residents) in connection with this award. Column E: Enter the percentage of the total staff hours worked for Section 3 employees and trainees (including new hires) connected with this award. Include staff hours for part-time and full-time positions. Column F: (Mandatory Field) Enter the number of Section 3 residents that were trained in connection with this award. Part II: Contract Opportunities Block 1: Construction Contracts Item A: Enter the total dollar amount of all contracts awarded on the project/program. Item B: Enter the total dollar amount of contracts connected with this project/program that were awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this project/program awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Block 2: Non-Construction Contracts Item A: Enter the total dollar amount of all contracts awarded on the project/program. Item B: Enter the total dollar amount of contracts connected with this project awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this project/program awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Part III: Summary of Efforts – Self -explanatory Submit one (1) copy of this report to the HUD Headquarters Office of Fair Housing and Equal Opportunity, at the same time the performance report is submitted to the program office. The Section 3 report is submitted by January 10. Include only contracts executed during the period specified in item 8. PHAs/IHAs are to report all contracts/subcontracts. DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 25 of 45 * The terms “low-income persons” and very low-income persons” have the same meanings given the terms in section 3 (b) (2) of the United States Housing Act of 1937. Low-income persons mean families (including single persons) whose incomes do not exceed 80 percent of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that The Secretary may establish income ceilings higher or lower than 80 percent of the median for the area on the basis of the Secretary’s findings such that variations are necessary because of prevailing levels of construction costs or unusually high- or low-income families. Very low-income persons mean low-income families (including single persons) whose incomes do not exceed 50 percent of the median family income area, as determined by the Secretary with adjustments or smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 percent of the median for the area on the basis of the Secretary’s findings that such variations are necessary because of unusually high or low family incomes. DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 26 of 45 DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 27 of 45 Section 3 Summary Report U.S. Department of Housing OMB Approval No: 2529-0043 Economic Opportunities for Low – and Very Low-Income Persons and Urban Development Office of Fair Housing (exp. 11/30/2010) And Equal Opportunity Section back of page for Public Reporting Burden statement 1. Recipient Name & Address: (street, city, state, zip) 2. Federal Identification: (grant no.) 3. Total Amount of Award: 4. Contact Person 5. Phone: (Include area code) 6. Length of Grant: 7. Reporting Period: 8. Date Report Submitted: 9. Program Code: (Use separate sheet for each program code) 10. Program Name: Part I: Employment and Training (** Columns B, C and F are mandatory fields. Include New Hires in E &F) A Job Category B Number of New Hires C Number of New Hires that are Sec. 3 Residents D % of Aggregate Number of Staff Hours of New Hires that are Sec. 3 Residents E % of Total Staff Hours for Section 3 Employees and Trainees F Number of Section 3 Trainees Professionals Technicians Office/Clerical Construction by Trade (List) Trade Trade Trade Trade Trade Other (List) Total * Program Codes 3 = Public/Indian Housing 4 = Homeless Assistance 8 = CDBG State Administered 1 = Flexible Subsidy A = Development, 5 = HOME 9 = Other CD Programs 2 = Section 202/811 B = Operation 6 = HOME State Administered 10 = Other Housing Programs C = Modernization 7 = CDBG Entitlement Page 1 of 2 form HUD 60002 (6/2001) Ref 24 CFR 135 HUD Field Office: HUD Field Office: DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 28 of 45 Part II: Contracts Awarded 1. Construction Contracts: A. Total dollar amount of all contracts awarded on the project $ B. Total dollar amount of contracts awarded to Section 3 businesses $ C. Percentage of the total dollar amount that was awarded to Section 3 businesses % D. Total number of Section 3 businesses receiving contracts 2. Non-Construction Contracts: A. Total dollar amount all non-construction contracts awarded on the project/activity $ B. Total dollar amount of non-construction contracts awarded to Section 3 businesses $ C. Percentage of the total dollar amount that was awarded to Section 3 businesses % D. Total number of Section 3 businesses receiving non-construction contracts Part III: Summary Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs, to the greatest extent feasible, toward low-and very low-income persons, particularly those who are recipients of government assistance for housing. (Check all that apply.) Attempted to recruit low-income residents through: local advertising media, signs prominently displayed at the project site, contracts with the community organizations and public or private agencies operating within the metropolitan area (or nonmetropolitan county) in which the Section 3 covered program or project is located, or similar methods. Participated in a HUD program or other program which promotes the training or employment of Section 3 residents. Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business concerns. Coordinated with Youthbuild Programs administered in the metropolitan area in which the Section 3 covered project is located. Other; describe below. Public reporting for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB number. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u, mandates that the Department ensures that employment and other economic opportunities generated by its housing and community development assistance programs are directed toward low- and very-low income persons, particularly those who are recipients of government assistance housing. The regulations are found at 24 CFR Part 135. The information will be used by the Department to monitor program recipients’ compliance with Section 3, to assess the results of the Department’s efforts to meet the statutory objectives of Section 3, to prepare reports to Congress, and by recipients as self-monitoring tool. The data is entered into a database and will be analyzed and distributed. The collection of information involves recipients receiving Federal financial assistance for housing and community development programs covered by Section 3. The information will be collected annually to assist HUD in meeting its reporting requirements under Section 808(e)(6) of the Fair Housing Act and Section 916 of the HCDA of 1992. An assurance of confidentiality is not applicable to this form. The Privacy Act of 1974 and OMB Circular A-108 are not applicable. The reporting requirements do not contain sensitive questions. Data is cumulative; personal identifying information is not included. Page 2 of 2 form HUD 60002 (11/2010) Ref 24 CFR 135 DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 29 of 45 FEDERAL REQUIREMENTS: FR-9 RIGHTS TO INVENTIONS All rights to inventions and materials generated under this contract are subject to regulations issued by HUD or its designee and the Sponsor of the Federal grant under which this contract is executed. Reference: 24 CFR 85.36 DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 30 of 45 FEDERAL REQUIREMENTS: FR-10 ACCESS TO RECORDS AND RECORD RETENTION The Contractor shall maintain an acceptable cost accounting system. The Contractor agrees to provide the Sponsor, HUD and the Comptroller General of the United States or any of their duly authorized representative’s access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. Reference: 24 CFR 85.36 DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 31 of 45 FEDERAL REQUIREMENTS: FR-11 CLEAN AIR AND WATER POLLUTION CONTROL Contractors and subcontractors agree: a. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities; b. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; c. That, as a condition for the award of this contract, the contractor or subcontractor will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; d. To include or cause to be included in any construction contract or subcontract which exceeds $ 100,000 the aforementioned criteria and requirements. Reference: Clean Air Act (42 U.S.C. 7401 et seq.), Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended, (24 CFR 85.36 & Section 306 of the Clean Air Act & Section 508 of the Clean Water Act DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 32 of 45 FEDERAL REQUIREMENTS: FR-12 ENERGY CONSERVATION REQUIREMENTS The contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). Reference: Title 24 CFR 85.36 & Public Law 94-163 DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 33 of 45 FEDERAL REQUIREMENTS: FR-13 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION The Contractor certifies, by acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Reference: 24 CFR 85.35 DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 34 of 45 FEDERAL REQUIREMENTS: FR-14 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES (1) No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form-LLL, “Disclosure of Lobby Activities,” in accordance with its instructions. Reference: Title 49 CFR Part 20, Appendix A DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 35 of 45 FEDERAL REQUIREMENTS: FR-15 ECONOMIC OPPORTUNITIES FOR LOW AND VERY-LOW INCOME PERSONS Section 3 Clause. Housing and Urban Development Act of 1968 All section 3 covered contracts shall include the following clause (referred to as the section 3 clause): A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 36 of 45 section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). § 135.40 Providing other economic opportunities. (a) General. In accordance with the findings of the Congress, as stated in section 3, that other economic opportunities offer an effective means of empowering low-income persons, a recipient is encouraged to undertake efforts to provide to low-income persons economic opportunities other than training, employment, and contract awards, in connection with section 3 covered assistance. (b) Other training and employment related opportunities. Other economic opportunities to train and employ section 3 residents include, but need not be limited to, use of “upward mobility”, “bridge” and trainee positions to fill vacancies; hiring section 3 residents in management and maintenance positions within other housing developments; and hiring section 3 residents in part-time positions. (c) Other business related economic opportunities. (l) A recipient or contractor may provide economic opportunities to establish, stabilize or expand section 3 business concerns, including micro-enterprises. Such opportunities include, but are not limited to the formation of section 3 joint ventures, financial support for affiliating with franchise development, use of labor only contracts for building trades, purchase of supplies and materials from housing authority resident-owned businesses, purchase of materials and supplies from PHA resident-owned businesses and use of procedures under 24 CFR part 963 regarding HA contracts to HA resident-owned businesses. A recipient or contractor may employ these methods directly or may provide incentives to non-section 3 businesses to utilize such methods to provide other economic opportunities to low- income persons. (2) A section 3 joint venture means an association of business concerns, one of which qualifies as a section 3 business concern, formed by written joint venture agreement to engage in and carry out a specific business venture for which purpose the business concerns combine their efforts, resources, and skills for joint profit, but not necessarily on a continuing or permanent basis for conducting business generally, and for which the section 3 business concern: (i) Is responsible for a clearly defined portion of the work to be performed and holds management responsibilities in the joint venture; and (ii) Performs at least 25 percent of the work and is contractually entitled to compensation proportionate to its work. Subpart C [Reserved] DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 37 of 45 FEDERAL REQUIREMENTS: FR-16 AFFIRMATIVE ACTION REGULATIONS AND PLAN An Affirmative Action Plan (AAP) must be submitted by the prime contractor and all subcontractors who have subcontracts of $10,000 or more on the project. These must be displayed on the project bulletin board or posted on site for employee view and must include the percentage of AAP goals. DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 38 of 45 FEDERAL REQUIREMENTS: FR-17 WOMEN AND MINORITY OWNED BUSINESSES (M/WBE) The Contractor will do the best efforts to afford small business (Section 3 (a) of the Small Business Act), minority businesses enterprises and women business enterprises (51% + owned or controlled by minority group members or women) the maximum practicable opportunity to participate in the performance of this project. DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 39 of 45 FEDERAL REQUIREMENTS: FR-18 ACCESSIBILITY SECTION 504 COMPLIANCE CDBG regulations require adherence to the following regulations: Americans with Disabilities Act (ADA) removal of architectural and communications barriers. Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in Federally assisted programs on the basis of disability. DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 40 of 45 FEDERAL REQUIREMENTS: FR-19 TEXAS ARCHITECTURAL BARRIERS ACT Elimination of Architectural Barriers , Government Code Chapter 469.- The intent of this chapter is to ensure that each building and facility subject to this chapter is accessible to and functional for persons with disabilities without causing the loss of function, space, or facilities. A State compliance certificate will be required at completion of project construction for contracts $50,000 and above; the contractor shall strictly adhere to the construction approved drawings and specifications to accomplish final Certification from the Texas Department of Licensing and Regulations (TDLR.) DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 41 of 45 FEDERAL REQUIREMENTS: FR-20 DRUG-FREE WORKPLACE REQUIREMENTS The Drug-Free Workplace Act of 1988 (42 U.S.C. 701) requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drug-free workplaces. Each potential recipient must certify that it will comply with drug-free workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F. DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 42 of 45 FEDERAL REQUIREMENTS: FR-21 FIELD REQUIREMENTS TO BE POSTED: All posting documents must be placed in a visible location at the job site on a notice board: Davis-Bacon Poster: The WH Publication 1321 must be placed in a visible location at the job site on a notice board with the Contractor's and sub-contractors' Affirmative Action Plans when applicable. Davis-Bacon Prevailing Wage Rates: The Contractor shall display in a visible location at the job site on a notice board for employee viewing the Federal Wage Rates that apply to each Individual type of project. HUD Form 4010 Federal Labor Standards Provisions: The Contractor must be place in a visible location at the job site on a notice board the requirements of Davis- Bacon, Copeland, and Contract Work Hours and Safety Standards Acts. Section 3 Notice: The Contractor must inform workers of Economic Opportunities for Low and Very-Low Income Persons. Information pertaining to this notice must be placed in a visible location at the job site on a notice board. Executive Order 112461: The Contractor must place in a visible location at the job site on a notice board requirements that set forth the anti-discrimination policy for this project. Parts II & Ill of this Executive Order are applicable along with Executive Order 11375 concerning employment discrimination on the basis of race, color, sex, religion and national origin. Affirmative Action Plan: An Affirmative Action Plan must be submitted by the prime contractor and all sub-contractors who have sub-contracts of $10,000.00 or more on the project. These plans must be displayed on the project bulletin board for employee view CDBG Project Sign: Project Sign: Contractors responsible to install in a visible location as selected by the City, a CDBG Project Sign prior to commencement of construction. Dimensions and design is attached. The field location will be determined prior to work start. Compliance Affidavit: The Contractor must sign and return the attached affidavit to the City prior to beginning work on the project. Affirmative Action Plan: The Contractor must submit and post this plan at the jobsite. Affidavit and Waiver of Lien by Contractor: The Contractor must complete, sign and return this waiver with each request for payment. DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 43 of 45 CDBG PROJECT SIGN 8’ 4’ 3’6” Contractor to locate sign where it is most visible to the public and as approved by City Sign is made from a 4 feet x 8 feet sheet of ¾” plywood. Sign should be posted at a minimum of than 3’ 6” high from ground level. Red Background White Letters White Background Black Letters PROJECT NAME Project Address CITY OF CORPUS CHRISTI Community Development Block Grant (CDBG) U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) CDBG FUNDS: $ Total Project Cost: $ Contractor: Address: Phone Number: Blue Background White Letters DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 44 of 45 AFFIRMATIVE ACTION PLAN ____________________________________ in compliance with Executive Order No. 11246 and Section 3 of the 1968 Housing & Urban Development Act regarding Equal Employment Opportunity hereby gives notice that no person in the United States shall, on the ground of race, color, religion, sex or national origin, be denied employment, and further assurance is also given that ________________________________ will immediately take any reasonable measures necessary to effectuate this policy. Notice of the policy will be placed in plain sight on the job location for the benefit of interested parties, and all subcontractors will be so notified. All Equal Opportunity posters will be displayed as required. __________________________________ has been appointed as the Equal Employment Opportunity Officer to coordinate company efforts, to advise and assist key personnel and staff, and officially serve as focal point for complaints, inquires, etc. Attachment #2 reflects present employment of the company and percentage goals for projected hiring of lower-income residents, minorities and women. AFFIRMATIVE SUBCONTRACTING In accordance with Paragraph 135.70 of Section 3, Attachment #1 reflects anticipated subcontractor(s) needed (by craft) and approximate dollar amounts in each category for the duration of this project. ______________________________ will use the HUD Business Registry, as far as possible, in the project area and inform subcontractors of the need to be on the HUD Registry. Specific efforts will be made to contact and use minority-owned businesses in the project area to the maximum extent feasible. Section 3 requirements and language will be in each subcontractor bid and/or proposal for work on this project. Compliance with Section 3 and Executive Order No. 11246 will be required of all subcontractors of $10,000 or more. UTILIZING LOWER INCOME RESIDENTS, MINORITIES AND WOMEN To the maximum extent feasible, __________________________________ and any subcontractors will use lower income residents as trainees, apprentices and workers (if qualified) to complete the work on this project. Special outreach efforts will be made to various public and private recruitment sources such as the Texas Employment Commission and Manpower. Special efforts will also be made to recruit minorities and women. _________________________________ and all its subcontractors will determine by craft and/or position the approximate manpower needs to complete the project. The manpower needs will be made known to the resources named above. Attachments #2 and #3 shall be completed by ___________________________________ and each subcontractor to assure that reasonable goals and target dates are a formal part of any contract or subcontract. Attachment #2 indicates current workforce, and Attachment #3 shows projected workforce needs and goals for lower income residents, minorities and women. PROMOTION, DEMOTION, PAY RATES, LAYOFFS, ETC. All personnel actions of the company shall be made on a nondiscriminatory basis without regard to race color, religion, sex or national origin. We will inform each subcontractor of these affirmative action requirements and insure compliance. RECORDS AND REPORTS _________________________________ will submit all reports required in a timely fashion. The Company will also assure that all subcontractors shall submit required reports as needed. __________________________________ ____________________________ ______________ (print) Name of Executive Officer SIGNATURE DATE __________________________________ ___________________________________________ (print) Name of EEO Officer SIGNATURE DATE COMPANY NAME: _________________________________________________________ ADDRESS: ________________________________________________________________ PHONE NO.:________________________________ DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Page 45 of 45 END OF FEDERAL REQUIREMENTS DocuSign Envelope ID: FA8B255D-5EF2-4F97-B35A-4539C7D0FD60 Council Presentation September 22, 2020 Floor Replacement for Ben Garza Gym 1 Scope of Work The Contractor shall provide labor, supervision, parts, supplies, materials, tools, equipment, and transportation necessary to perform these services. A. The Contractor shall remove, haul away, and dispose of Vinyl Flooring. B. The Contractor shall Install High Gloss Light Maple color for Basketball court 74’3 by 116’ C. The Contractor shall paint High Gloss Black for basketball court perimeter stripe. D. The Contractor shall Install High Gloss Solid Color for space between court and wall. E. The Contractor shall remove and reinstall the bleachers. F. The Contractor shall install Aluminum track with Vinyl T-molding at doorways. G. The Contractor shall install Roppe Sanitary Cove Molding 375’ 2 Scope of Work H. The Contractor shall add Parks and Recreation Logo, 8x4-10 at Center court with the logo digitally printed on high gloss flooring I. Core concrete for 4 volleyball sleeves as follows: 1. Core Concrete for a two-court volleyball system – (Appendix A) #1 2. Anchor two volleyball sleeves at designated locations on North and South 3. Ends of basketball court (4 total) (Appendix A) #2 4. Install two volleyball sleeves at designated locations on North and South Ends 5. of basketball court (4 total) (Appendix A) #3 6. Extra mounting brackets to anchor suspended volleyball sleeves. 3 Ben Garza Gym Floor - Current 4 Ben Garza Gym Floor - Current 5 Ben Garza Gym Floor - Current 6 Ben Garza Gym Floor - Current 7 Ben Garza Gym Floor - Current 8 Ben Garza Gym Floor - Current 9 Ben Garza Gym Floor - Current 10 DATE: September 22, 2020 TO: Peter Zanoni, City Manager FROM: Tracey Cantu, Interim Director of Park and Recreation TraceyC@cctexas.com 361-826-3042 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com 361-826-3169 CAPTION: 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. SUMMARY: This motion authorizes a four-month service agreement to provide landscaping services to install trees for the following parks: Labonte Park West Guth Park Los Encinos Park Lincoln Park Lions Park Mike Zapada Park BACKGROUND AND FINDINGS: The City of Corpus Christi Parks and Recreation Department has plans to install various trees at Labonte Park and West Guth Park in District 1, and Los Encinos Park in District 3, and Lincoln Park, Lions Park, and Mike Zapada Park in District 2 in accordance with the current industry standards of the International Society of Arboriculture (ANSI). The Contractor will provide and install trees ranging from 45 gal (2” to 3” Caliper) up to 95 gal (3.5” to 4” Caliper) within four weeks of receiving the order. Trees will be of quality specimen and are all native to South Texas as recommended in the current Parks Master Plan. The Contractor will be responsible for any damages as well as maintenance and quality control. Landscaping Services for City Parks AGENDA MEMORANDUM Action Item for the City Council Meeting September 22, 2020 The original budget initiative scope of work called for tree installation at Water’s Edge Park, Bill Witt Park, and Labonte Park. The scope of work was revised to remove Water’s Edge Park due to the inevitability of any installed trees becoming “wind swept” and never growing to their full potential, and to remove Bill Witt Park as it is currently in the Master Plan stage and Parks and Recreation did not want to initiate a tree installation until the park plan is finalized. The scope was revised to add the above listed parks due to their need for replacement trees after experiencing tree loss from past storms and the overall need for planting shade trees in parks to upgrade the experience for future park goers. The revisions were determined by the Park Operations Superintendent, a certified arborist who has worked in the Parks and Recreation Department for 31 years. Additionally, the trees slated for installation can be found throughout other parks in the City of Corpus Christi as indicated in the Master Plan. West Guth Park, a Regional Park, and Labonte Park, a Special Use park, both receive large amounts of visitors and are heavily used during Easter. West Guth Park is additionally used for other large events such as school field trips as well as having a frisbee golf course, walking trails, a swimming pool, a pond, and other basic park amenities. Recently this park lost large amounts of mature trees due to major storms. Labonte Park receives visitors in quantities so large that reservations must be made. Moving forward, the vision for Labonte Park is to restore it to a more natural park for fishing, camping and other outdoor activities. With this vision, we have planted approximately 50 trees in the last five years and will continue to plant more. Los Encinos Park is a neighborhood park that has lost over 50 trees since Hurricane Harvey. We are currently in the process of upgrading this park with a new playground and shade structure with funding from Bond 2018 and the inclusion of trees for this park will enhance the park experience along with the new playground. Lincoln Park, Lions Park, and Mike Zapada are neighborhood parks that need mature shade trees. Some of the existing trees are in bad condition and may not make it through another major storm event. Establishing trees in these parks will ensure any future loss of current mature trees will not have as large of an impact. The following is a list of the types of trees being installed in Labonte Park, West Guth Park and Los Encinos Park. Labonte Park- 6667 U.S HWY 77 78410 (District 1): Live Oak – 95 Gal (15 each) Bur Oak – 95 Gal (12 each) Mexican Sycamore – 95 Gal (5 each) Monterrey Oak – 95 Gal (10 each) Montezuma Cypress – 95 Gal (10 each) Cedar Elm – 95 Gal (15 each) Anacaua – 95 Gal (20 each) West Guth Park- 9700 Up River Rd 78410 (District 1): Live Oak – 95 Gal (10 each) Bur Oak – 95 Gal (10 each) Mexican Sycamore – 95 Gal (5 each) Monterrey Oak – 95 Gal (8 each) Montezuma Cypress – 95 Gal (7 each) Cedar Elm – 95 Gal (10 each) Anacaua – 95 Gal (8 each) Los Encinos Park- 5800 Greenwood 78417 (District 3): Live Oak – 95 Gal (12 each) Bur Oak – 95 Gal (13 each) Mexican Sycamore – 95 Gal (5 each) Monterrey Oak – 95 Gal (5 each) Montezuma Cypress – 95 Gal (6 each) Cedar Elm – 95 Gal (12 each) Anacaua – 95 Gal (11 each) Lincoln Park- 4400 Adkins Dr. 78411 (District 2): Live Oak – 95 Gal (2 each) Bur Oak – 95 Gal (3 each) Monterrey Oak – 95 Gal (2 each) Cedar Elm – 95 Gal (1 each) Anacaua – 95 Gal (1 each) Lions Park- 4700 Holmes Dr. 78411 (District 2): Live Oak – 95 Gal (2 each) Bur Oak – 95 Gal (3 each) Cedar Elm – 95 Gal (2 each) Mike Zapada Park- 3054 Sunnybrook Rd. 78415 (District 2): Live Oak – 95 Gal (1 each) Bur Oak – 95 Gal (2 each) Cedar Elm – 95 Gal (2 each) The total number of trees being purchased is 230. The price per tree is $850.00 or $950.00 per 95-Gallon Container depending upon which tree is being planted. Price per tree according to type is included in the attached bid tab. Contracts and Procurement conducted a competitive Request for Bid process to obtain bids for the landscaping services. The City received two bids, and is recommending the award to the lowest responsive, responsible bidder, Olympia Landscape Development, Inc. ALTERNATIVES: An alternative is not to award the contract and postpone the tree installation project. FISCAL IMPACT: The fiscal impact for Parks and Recreation in FY 2020 an amount not to exceed $197,800.00. FUNDING DETAIL: Fund: 4720 Community Enrichment Organization/Activity: 21624 Northwest Estates Mission Element: 141 Manage and Maintain Parks & Rec Facilities Project # (CIP Only): N/A Account: 550030 Improvements Other than Bldg Cost: $75,771.43 Fund: 4720 Community Enrichment Organization/Activity: 21327 Tuscan Place Subdivision Unit 1 Mission Element: 141 Manage and Maintain Parks & Rec Facilities Project # (CIP Only): N/A Account: 550030 Improvements Other than Bldg Cost: $7,561.57 Fund: 4720 Community Enrichment Organization/Activity: 21398 Labonte Park Mission Element: 141 Manage and Maintain Parks & Rec Facilities Project # (CIP Only): N/A Account: 550030 Improvements Other than Bldg Cost: $2,667.00 Fund: 4720 Community Enrichment Organization/Activity: 21627 Maple Hills/Lone Star Est Mission Element: 141 Manage and Maintain Parks & Rec Facilities Project # (CIP Only): N/A Account: 550030 Improvements Other than Bldg Cost: $51,700.00 Fund: 4720 Community Enrichment Organization/Activity: 21323 Bayfront Pk/Furman Addition Mission Element: 141 Manage and Maintain Parks & Rec Facilities Project # (CIP Only): N/A Account: 550030 Improvements Other than Bldg Cost: $60,100.00 RECOMMENDATION: Staff recommends approval of this motion authorizing a four-month service agreement with Olympia Landscape Development, Inc.as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tab Service Agreement Item Description UNIT QTY Unit Price Total Price Unit Price Total Price 45 GAL 42 475.00$ 19,950.00$ 759.55$ 31,901.10$ 95 GAL 42 850.00$ 35,700.00$ 1,343.41$ 56,423.22$ 45 GAL 43 475.00$ 20,425.00$ 761.16$ 32,729.88$ 95 GAL 43 850.00$ 36,550.00$ 1,303.11$ 56,033.73$ 45 GAL 15 475.00$ 7,125.00$ 872.39$ 13,085.85$ 95 GAL 15 850.00$ 12,750.00$ 1,504.60$ 22,569.00$ 45 GAL 25 475.00$ 11,875.00$ 759.55$ 18,988.75$ 95 GAL 25 850.00$ 21,250.00$ 1,424.00$ 35,600.00$ 45 GAL 23 525.00$ 12,075.00$ 840.15$ 19,323.45$ 95 GAL 23 950.00$ 21,850.00$ 1,222.52$ 28,117.96$ 45 GAL 42 475.00$ 19,950.00$ 759.55$ 31,901.10$ 95 GAL 42 850.00$ 35,700.00$ 1,464.31$ 61,501.02$ 45 GAL 40 475.00$ 19,000.00$ 808.65$ 32,346.00$ 95 GAL 40 850.00$ 34,000.00$ 1,171.33$ 46,853.20$ 197,800.00$ 307,098.13$ Anacaua (Ehretia anacua) including labor (only one will be selected, 95 GAL is preferred) City of Corpus Christi Buyer: Cindy Ramos Olympia Landscape Development Inc. Maldonado Nusery & Landscaping Inc. Bid Tab Total for 95 Gallon Trees 1 Live Oak (Quercus virginiana) including labor (only one will be selected, 95 GAL is preferred) 2 Bur Oak (Quercus macrocarpa) including labor (only one will be selected, 95 GAL is preferred) 3 Mexican Sycamore (Platanus occidebtails) including labor (only one will be selected, 95 GAL is preferred) 4 Monterrey White Oak (Quercus polymorpha) including labor (only one will be selected, 95 GAL is preferred) 5 Montezuma Cypress (Taxodium Mucronatum) including labor (only one will be selected, 95 GAL is preferred) 6 RFB 3162 - Landscaping Services for City Parks Cedar Elm (Ulmas crassifolia) including labor (only one will be selected, 95 GAL is preferred) 7 Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 9, 2020 SERVICE AGREEMENT NO. 3162 Landscaping Services for City Parks THIS Landscaping Services for City Parks Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Olympia Landscape Development, Inc. (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Landscaping Services for City Parks in response to Request for Bid/Proposal No. 3162 (“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 Landscaping Services for City Parks (“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 four months, 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-month periods (“Option Period(s)”), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $197,800.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 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: Jesse Balderaz Department: Parks and Recreation Phone: 361-286-1936 Email: JesseB@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 March 9, 2020 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, must be paid by the Contractor within 30 days of receipt of City’s invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. Service Agreement Standard Form Page 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: Jesse Balderaz Title: Park Operations Supervisor Address: 5352 Ayers Bldg #4, Corpus Christi, TX 78415 Phone: 361-286-1936 Fax: 361-826-4352 IF TO CONTRACTOR: Olympia Landscape Development Inc. Attn: Jose G. Moreno Title: President/Owner Address: 410 E. Calton Rd, Laredo, TX 78045 Phone: 956-712-9800 Fax: 956-712-8881 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. 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. 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. 3162 Exhibit 2: Contractor’s Bid/Proposal Response Page 1 of 3 ATTACHMENT A: SCOPE OF WORK 1 General Requirements/Background Information The Contractor shall provide and install various trees at Labonte Park, West Guth Park and Los Encinos Park as outlined in this Scope of Work. 2 Scope of Work A. Contractor shall provide and install trees ranging from 45 gal (2” to 3” Caliper) up to 95 gal (3.5” to 4” Caliper) within four weeks of receiving order. (95 gal is preferred) B. Installation of trees shall be in accordance with the current industry standards of the International Society of Arboriculture (ANSI). C. Trees with a damaged or crooked leader, bark abrasions, sunscald, disfiguring knots, insect damage, or cuts of limbs over 20mm (3/4 inch) in diameter that are not completely closed will be rejected. D. All trees shall be of specimen quality, exceptionally heavy, symmetrical, and so trained or favored in development and appearance as to be unquestionably and outstandingly superior in form, compactness, and symmetry. They shall be sound, healthy, vigorous, well branched, and densely foliated when in leaf; free of disease and insects, eggs, or larvae; and shall have healthy, well-developed root systems. They shall be free from physical damage or other conditions that would prevent vigorous growth. E. Branches shall be tied with rope or twine only, and in such a manner that no damage will occur to the bark or branches. During transportation of plant material, the Contractor shall exercise care to prevent injury and drying out of the trees. Should the roots be dried out, large branches broken, balls of earth broken or loosened, or areas of bark torn, Park Operations may reject the injured tree(s) and order them replaced at no additional cost to the City. All loads of plants shall be covered at all times with tarpaulin or canvas. Loads that are not protected will be rejected. F. Trees shall not be lifted by straps wrapped directly around the trunk. G. Container trees shall carefully be removed from the container by cutting it in a manner not to damage the root ball. Remove plastic, paper, or fiber pots from containerized plant material. Pull roots out of the root mat and cut circling roots with a sharp knife. Immediately after removing the container, install the plant such that the roots do not dry out. Place plant and backfill carefully around the base and sides to two-thirds the depth Page 2 of 3 of the root ball; then thoroughly water the backfill to allow for settlement. Backfill the remainder of the pit, allowing for the depth of mulch. H. Trees will require 3 stakes per tree and 3 inches of mulch in depth around tree and mulch shall not be placed within three inches of the trunk. I. Finished grading shall be done following installation of trees. The entire area shall be carefully raked to a smooth surface free of clods, roots, or stones one-half inch or larger prior to mulching. J. Contractor shall secure 811 clearances to plant prior to installation. K. Service shall be performed during normal business hours, 7:00 a.m. – 3:00 p.m., Monday-Friday. L. Contractor shall be responsible for repairing any damages on amenities, sidewalks and back filling ruts. M. Contractor shall contact Contract Administrator, Jesse Balderaz, O (361- 826-1936, C (361)-548-9902 for scheduling. N. Contractor shall provide a one-year warranty on trees and installation. 3 Work Site and Conditions Trees shall be installed at tree City parks at the following locations and in the following quantities: A. Labonte Park- 6667 U.S HWY 77 78410 • 20- Live Oak (Quercus virginiana)95-Gal Container • 15- Bur Oak (Quercus macrocarpa)95-Gal Container • 5- Mexican Sycamore (Platanus occidebtails)95-Gal Container • 10 - Monterrey Oak (Quercus polymorpha) 95-Gal Container • 10- Montezuma Cypress (Taxodium Mucronatum) 95-Gal Container • 20- Cedar Elm (Ulmas crassifolia) 95-Gal Container • 20- Anacaua (Ehretia anacua) 95-Gal Container B. West Guth Park- 9700 Up River Rd 78410 • 10- Live Oak (Quercus virginiana) 95-Gal Container • 10- Bur Oak (Quercus macrocarpa) 95-Gal Container • 5- Mexican Sycamore (Platanus occidebtails) 95-Gal Container • 10 - Monterrey Oak (Quercus polymorpha) 95-Gal Container • 7- Montezuma Cypress (Taxodium Mucronatum) 95-Gal Container • 10- Cedar Elm (Ulmas crassifolia) 95- Gal Container • 8- Anacaua (Ehretia anacua) 95- Gal Container Page 3 of 3 C. Los Encinos Park- 5800 Greenwood 78417 • 12- Live Oak (Quercus virginiana) 95-Gal Container • 18- Bur Oak (Quercus macrocarpa) 95-Gal Container • 5- Mexican Sycamore (Platanus occidebtails) 95-Gal Container • 5 - Monterrey Oak (Quercus polymorpha) 95-Gal Container • 6- Montezuma Cypress (Taxodium Mucronatum) 95-Gal Container • 12- Cedar Elm (Ulmas crassifolia) 95-Gal Container • 12- Anacaua (Ehretia anacua) 95-Gal Container 4 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT BID FORM RFB No. 3162 Trees for City Parks Date: OP>· 24 · '2-CJ2.b Bidder: Ufrn)n La.rd:mpl Dwt \C{Jffi.Q{)f-l n C. Authorized Signature: PAGE 1 OF 2 1.Refer to "Instructions to Bidders" and Contract Terms and Concfttlons beforecompleting bid. 2.Quote your best price for each Item.3.In submitting this bid, Bidder certiftes that; a.The prices in this bid have been arrived at independently. without consultation,communication, or agreement with any other Bidder or competito r, for the purpose of restricting competition with regard to prices. b.Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuan t to the Code ofOrdinances. is current and true. c.Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d.Bidder acknowledges receipt and review of all addenda for this RFB. •oo NOT MODIFY THIS FORM IN ANY MANNER· f1tem1 �•.ti,,�m Description.../' J)[ONili_ � [QTl� Unit Price ffotal!�rfc� Live Oak (Quercus virginiana) 45 GAL 42 ''175" ij1q 1 CW 1 including labor (only one wfll be lcfi>35 ;,oo selected, 95 GAL Is preferred) 95GAL 42 �o Bur Oak (Quercus macrocarpa) 45GAL 43 475 �20,475 2 including labor (only one will be 193(.o,550 selected, 95 GAL Is preferred) 95GAL 43 850 Mexican Sycamore (Platanus 45GAL 15 47S $7 1 \25 3 occidebtails} including labor (only one will be selected, 95 GAL �6:) � 2,750 Is preferred) 95GAL 15 Page 2 of 2 Item Description UNIT QTY Unit Price Total Price Monterrey White Oak (Quercus 45 GAL 25 L\75 ii( I /o'l54 polymorpha) including labor (only one wtlf be selected, 95 GAL 550 gi2L250 Is preferred) 95GAL 25 ' Montezuma Cypress (Taxodium 45 GAL 23 525 �\2 }0'15 5 Mucronatum) including labor (only one wlll be selected. 95 GAL aso ;2LtoSO Is pref erred) 95GAL 23 - Cedar Elm (Ulmas crassifolia) 45GAL 42 L\l'o dllQ,Q50 6 including labor (only one wtlf be eso toS,1-00 selected. 95 GAL is preferred) 95GAL 42 Anacaua (Ehretia anacua} 45GAL 40 l\�S �lQ,000 7 including labor (only one wUI be �3L\,OOO selected, 95 GAL Is preferred) 95 GAL 40 <2)50 -- TOTAL $197,800.00 Page 1 of 3 ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS I. CONTRACTOR’S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability Including: 1. Commercial Broad Form 2. Premises – Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1. Owned 2. Hired and Non-Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS’ COMPENSATION EMPLOYER’S LIABILITY Statutory $500,000 /$500,000 /$500,000 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 2 of 3 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in an amount sufficient to assure that all workers’ compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 3 of 3 E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2019 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services – Services Performed Onsite BOND REQUIREMENTS: Bonds are not required for this agreement, therefore Section 5. Insurance; Bonds. (B) is null to this agreement. ATTACHMENT D: WARRANTY REQUIREMENTS Trees - 1 year Workmanship - 1 year Page 1 of 1 Council Presentation September 22, 2020 Floor Replacement for Ben Garza Gym 1 Scope of Work The Contractor shall provide labor, supervision, parts, supplies, materials, tools, equipment, and the following: •Remove and dispose of Vinyl Flooring. •Install High Gloss Light Maple color for Basketball court 74’3 by 116’ •Paint basketball court perimeter stripe. •Install Aluminum track with Vinyl T-molding at doorways. •Add Parks and Recreation Logo, 8x4-10 at Center court with the logo digitally printed on high gloss flooring. •Core concrete for 4 volleyball sleeves. 2 Ben Garza Gym Floor - Current 3 Example of New Flooring 4 DATE: September 22, 2020 TO: Peter Zanoni, City Manager FROM: Kevin Norton, Director of Water Utilities KevinN@cctexas.com (361) 826-1874 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a 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. SUMMARY: This motion authorizes a three-year service agreement for mowing and grounds maintenance services for the Utilities Department. These services are necessary to maintain highly visible high traffic areas. BACKGROUND AND FINDINGS: The purpose of this service agreement is to ensure that the grounds at 29 locations, including the wastewater treatment plants, some lift stations, and several city-owned lots are safe, secure, and presentable at all times. This mowing service agreement will provide for bi-weekly mowing during the growing season, and monthly mowing during the non-growing season. The department currently does not have a contract in place for the performance of mowing and grounds maintenance services; therefore, the services have been done independently by each facility utilizing internal staff or on an ad hoc basis. This contract will allow us to have continuity and should yield a significant savings in total cost and time. Because this is a new contract, the savings will be realized in time, personnel and by eliminating ad hoc services. Mowing and Grounds Maintenance Services for Utilities Department AGENDA MEMORANDUM Action Item for the City Council Meeting of September 22, 2020 The Contracts and Procurement Department conducted a competitive RFB process to obtain bids. The City received five responsive, responsible bids. Staff is recommending the award to the lowest, responsible bidder, Servando Guerra, dba Guerra’s Maintenance Management. ALTERNATIVES: The alternative to accepting this bid would be to perform the mowing and grounds maintenance services in-house. However, the department does not have the appropriate staffing level or equipment to maintain these large acreage locations on a bi-weekly schedule. It is beneficial for the City to contract out this mowing service due to limited city staff and equipment. FISCAL IMPACT: There will be no fiscal impact for the Utilities Department for FY2020 Wastewater Fund, the remaining cost will be budgeted in future years through the annual budget process. Funding Detail: Fund: 4200 Wastewater Organization/Activity: 33100 Broadway Wastewater Plant Mission Element: 064 Treat Wastewater Project # (CIP Only): N/A Account: 530225 Mowing and grounds maintenance Fund: 4200 Wastewater Organization/Activity: 33110 Oso Wastewater Plant Mission Element: 064 Treat Wastewater Project # (CIP Only): N/A Account: 530225 Mowing and grounds maintenance Fund: 4200 Wastewater Organization/Activity: 33120 Greenwood Wastewater Plant Mission Element: 064 Treat Wastewater Project # (CIP Only): N/A Account: 530225 Mowing and grounds maintenance Fund: 4200 Wastewater Organization/Activity: 33130 Allison Wastewater Plant Mission Element: 064 Treat Wastewater Project # (CIP Only): N/A Account: 530225 Mowing and grounds maintenance Fund: 4200 Wastewater Organization/Activity: 33140 Laguna Madre Wastewater Plant Mission Element: 064 Treat Wastewater Project # (CIP Only): N/A Account: 530225 Mowing and grounds maintenance Fund: 4200 Wastewater Organization/Activity: 33150 Whitecap Wastewater Plant Mission Element: 064 Treat Wastewater Project # (CIP Only): N/A Account: 530225 Mowing and grounds maintenance Fund: 4200 Wastewater Organization/Activity: 33210 Lift Station Operation & Maintenance Mission Element: 064 Treat Wastewater Project # (CIP Only): N/A Account: 530225 Mowing and grounds maintenance RECOMMENDATION: Staff recommends approval of this motion authorizing a three-year Service Agreement with Servando Guerra, dba Guerra’s Maintenance Management for mowing and grounds maintenance services for the Utilities Department as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement Item Description Unit Qty Unit Rate Total Price Unit Rate Total Price Unit Rate Total Price Unit Rate Total Price Unit Rate Total Price 1 Wastewater Treatment Plants, Lift Stations & Additional Lots Year 1 Cycles 20 $14,000- 8 months $10,710 - 4 months 154,840.00$ 9,266.70$ 185,334.00$ 10,581.00$ 211,620.00$ 13,401.13$ 268,022.60$ 37,000.00$ 740,000.00$ 2 Wastewater Treatment Plants, Lift Stations & Additional Lots Year 2 Cycles 20 $14,000- 8 months $10,710 - 4 months 154,840.00$ 9,266.70$ 185,334.00$ 10,898.00$ 217,960.00$ 14,071.19$ 281423.8 38,850.00$ 777,000.00$ 3 Wastewater Treatment Plants, Lift Stations & Additional Lots Year 3 Cycles 20 $14,000- 8 months $10,710 - 4 months 154,840.00$ 9,266.70$ 185,334.00$ 11,225.00$ 224,500.00$ 14,774.75$ 295,495.00$ 815,800.00$ 815,800.00$ 464,520.00$ 556,002.00$ 654,080.00$ 844,941.40$ 2,332,800.00$ Total City of Corpus Christi Contracts and Procurement Department Senior Buyer: Cynthia Perez Servando Guerra, dba Guerra's Maintenance Management Kingsville, TX 2Chainz Brush Clearing LLC Lolita, TX Circle K Lawn Services Cuero, TX Triple G Lawn Services, LLC Corpus Christi, TX Cutrite, LLC San Antonio Christi, TX Bid Tabulation RFB 2859- Mowing Services for Utilities Department Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form November 11, 2019 SERVICE AGREEMENT NO. 2859 Mowing Services for Utilities Department THIS Mowing Services for Utilities Department Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Servando Guerra, dba Guerra's Maintenance Management (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Mowing Services for Utilities Department in response to Request for Bid/Proposal No. 2859 (“RFB/RFP”), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor’s bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Mowing Services for Utilities Department (“Services”) in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for three years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods (“Option Period(s)”), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3.Compensation and Payment. This Agreement is for an amount not to exceed $464,520.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form November 11, 2019 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4.Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Agreement is as follows: Name: Joanna Moreno Department: Utilities Department Phone: (361) 826-1649 Email: JoannaM@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the 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 asmay 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 November 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 November 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: Joanna Moreno Title: Contracts/Fund Administrator Address: 2726 Holly Road, Corpus Christi, Texas 78415 Phone:(361) 826-1649 Fax:(361) 826-4495 IF TO CONTRACTOR: Servando Guerra, dba Guerra's Maintenance Management Attn: Servando Guerra Title: Owner Address: 708 West G. Avenue, Kingsville, Texas 78355 Phone: (361) 228-0123 Fax: N/A Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form November 11, 2019 17.CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFENDTHE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES ANDAGENTS (“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 OFLITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES,WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTIONWITH 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 SETTLEMENTOR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITHCOUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALLCHARGES 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 INDEMNIFICATIONOBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVETHE 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 November 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.Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 26.Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form November 11, 2019 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI ________________________________________________ Kim Baker Director of Contracts and Procurement Date: _________________________ Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 2859 Exhibit 2: Contractor’s Bid/Proposal Response Servando Guerra jr. Owner/Ops Mgr 4/24/2020 Revised 4.4.19 Attachment A - Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide mowing services, including all labor, supervision, equipment, and supplies, for the Wastewater Treatment Plants, Lift Stations, and other properties as outlined in this Scope of Work. The Contractor shall perform work Monday through Friday between 8:00 AM and 5:00 PM. 1.2 Scope of Work A. Mowing Cycle/Frequency – Bi-Weekly 1.Growing Season (March - October) – 16 Cycles The Contractor shall schedule mowing cycles 12-15 days apart, mowing two cycles per month. Cycle 1: 1st – 15th Cycle 2: 16th – End of Month 2.Non-Growing Season (November – February) – 4 Cycles The Contractor shall schedule mowing cycles 25 to 35 days apart, mowing one cycle per month. B. Prior to mowing and trimming, the Contractor must remove all litter and debris such as paper, plastic litter, bottles, cans, etc. The Contractor is responsible for disposing of debris in accordance with City ordinances and shall not dispose of any trash or debris into dumpsters located on City property. For large debris that is too heavy to haul, the Contractor shall notify the on-site personnel. C. Mowers shall be adjusted for a cutting height of three inches using reel or rotary type mowers. Rough cutting, scraping, and bush hogging will not be permitted. The grounds shall be mowed to maintain a neat appearance. D. All mowing equipment shall be equipped with sharp blades so as not to tear, but to cleanly cut the blades of grass. E. String line trimmers shall not be used to mow or trim areas wider than 24 inches. F. The Contractor shall mow and trim as close as practicable to all fixed objects, exercising extreme care not to damage trees, shrubs, plants, fire hydrants, signs, or other obstructions. G. The Contractor must clean and remove excess grass clippings and leaves from any roadway, walkway, parking area, or any other hard surface including curbs and gutters, and from plant beds, tree collars, etc. The Contractor cannot blow any grass clippings onto the streets, sidewalk areas, gutters, or other portions of the storm water system including ditches and storm drains. Revised 4.4.19 H. The Contractor may not store any equipment or tools on City property. After completion of work, the Contractor must remove all equipment, supplies, and materials from each site. I. If any location cannot be serviced per schedule for valid reasons, such as inclement weather, the Contractor shall notify the on-site contact person to re- schedule. 1.3 Work Locations A. List of Locations – Photos of Treatment Plants are attached. Wastewater Treatment Plants Address Acre 1 Broadway WW Treatment Plant 1402 Broadway St. 17.91 2 Oso WW Treatment Plant 601 Nile Dr. 25.61 3 Greenwood WW Treatment Plant 6541 Greenwood St. 27.27 4 Allison WW Treatment Plant 4001 Allison Dr. 13.15 5 Laguna WW Treatment Plant 201 Jester St. 35.72 6 Whitecap WW Treatment Plant 13409 Whitecap Dr. 18.67 Lift Stations Address Sq. Footage 7 Schanen 6102 Del Starr 400 8 Sharpsburg 4412 Sharpsburg Rd. 400 9 Morgan 1400 12st St. 450 10 Grassmere & Carroll Ln. 200 Grassmere 200 11 Williams 6602 Williams Dr. 50 12 Williams & Daly 6600 Williams Dr. 1,800 13 Lakes 7335 Everhart Rd. 450 14 Stillwell 8100 Stillwell 400 15 Up River Rd. 12451 Up River Rd. 525 16 Weber’s Glen 4051 Aaron 550 17 Nueces Acres 11501 Haven 400 18 Military/Jester 722 Jester 550 Revised 4.4.19 19 Arcadia 2221 S. Staples 1,500 20 Kings Crossing Lens & Cimarron 525 21 Wooldridge 6610 Wooldridge 1,500 22 DeDietrich 150 McKenzie Rd. 1,200 23 North Beach “B” 3002 Timon 3,600 24 North Beach “D” 4320 Timon 3,600 Additional Locations Address Sq. Footage 25 City owned Lot 7101 Edgebrook 4,500 26 City owned lot 5205 Edinburg Circle 4,500 27 City owned lot 1152 Cline 9,680 28 City owned lot 1400 12th St. 2,000 29 City owned lot 12541 Up River Road 81,664 B. During the 2-week cycles (March – November), each Monday morning, by 8:15 AM, the Contractor shall email the designated contact person a schedule indicating the locations that will be mowed that week. During the “as needed” cycle (December – February), the City will contact the Contractor for mowing service, as needed. C. If any location cannot be serviced on schedule for valid reasons, such as inclement weather, the Contractor shall notify the contact person to re-schedule. D. Contact Persons 1.For Lift Stations and City owned lots – Ruben Abrigo 826-4036 RubenAB@cctexas.com 2.For WW Plants – Megan Campos 826-4023, MeganC@cctexas.com 1.4 Security and Protection of Property A. Security Requirements •The Contractor shall maintain and abide by the security measures at all locations, to include locking gates when leaving the sites. •The Contractor shall not enter the buildings at any location for any reason without receiving prior approval from on-site City staff. B. Protection of Property •The Contractor shall take proper measures to protect all property which might be damaged by the Contractor’s work. The Contractor shall restore at its own Revised 4.4.19 expense any damage on the part of or on behalf of the Contractor. Damaged property shall be restored to a condition similar or equal to that existing before such damage occurred or shall restore such damage to an acceptable manner. •All damages which are not repaired or compensated by the Contractor will be repaired or compensated for by the City at the Contractor’s expense. All expenses charged to the City for repair work or compensation shall be deducted from any monies owed to the Contractor. 1.5 Invoicing The Contractor must submit an invoice for payment, with the following information: 1.PO # and Service Agreement # 2.Location Name/Address 3.Date of Service 4.Description of Service 1.6 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to ensure it complies with the contract requirements. Attachment B - Bid/Pricing Schedule Attachment C- Insurance Requirements I. CONTRACTOR’S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability Including: 1. Commercial Broad Form 2. Premises – Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1. Owned 2. Hired and Non-Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS’ COMPENSATION EMPLOYER’S LIABILITY Statutory $500,000 /$500,000 /$500,000 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in an amount sufficient to assure that all workers’ compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2019 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services – Services Performed Onsite 04/26/2019 Risk Management – Legal Dept. DATE: September 8, 2020 TO: Peter Zanoni, City Manager FROM: Richard Martinez, Director of Public Works/Street Operations RichardM5@cctexas.com (361) 826-3419 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: 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. SUMMARY: This resolution authorizes a three-year service agreement for with 2Chainz Brush Clearing, LLC., for mowing services of street rights of way (ROW) and fire breaks at Padre Island. BACKGROUND AND FINDINGS: The proposed contract establishes 12 mowing cycles per year on Park Road 22 from JFK Causeway to the end of the City Limits. The work includes the mowing of three fire breaks located at Sea Pines Drive, Commodores Drive & Allamanda Drive; and street rights-of- way mowing at Playa De Rey, Sand Dollar Avenue, Verdemar Drive, Villa Maria Isabel and Avenida de San Nico. Public Works has evaluated efficiencies within the Stormwater mowing operations and has determined that safety concerns related to the distance of travel of equipment for the operating group to perform operations along Park Road 22 would be better served by contractual services. In-house crews will be utilized to increase mowing cycles in other areas of the City. Mowing Services for Storm Water Street Right of Ways for Padre Island AGENDA MEMORANDUM Action Item for the City Council Meeting September 22, 2020 The Contracts and Procurement Department conducted a competitive Request for Bid process to obtain bids for new long-term contract. The City received five responsive, responsible bids and is recommending the award to 2Chainz Brush Clearing, LLC., as the lowest responsive, responsible bidder. Currently 2Chainz Brushing Clearing, LLC has an active contract for streets & ditch rights-of-way without any performance issues. They have the necessary equipment to maintain the Island’s rights-of-way without capitalizing equipment. Joe Chaney, owner of 2Chainz Brush Clearing, LLC., has affirmed to meet this contract obligations with the current cost proposal and without any impacts to other contracts with the City. ALTERNATIVES: The alternative would be to keep this service as an in-house operation with higher safety concerns. FISCAL IMPACT: This fiscal impact in FY 2020 is an estimated amount of $3,554.66 for a portion of the first year of this three-year service agreement with funding available from the Storm Water Fund. The remaining estimated amount of $60,429.34 will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 4300 Storm Water Organization/Activity: 32001 Storm Water Park and Rec Mission Element: 043 Manage and Maintain Parks and Recreation Facilities Project # (CIP Only): N/A Account: 530225 Mowing and Grounds Maintenance RECOMMENDATION: Staff recommend approval of this resolution authorizing a three-year service agreement with 2Chianz Brush Clearing, LLC as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Bid Tabulation Service Agreement Map Page 1 of 2 Resolution authorizing a three-year service agreement for Mowing Services for Storm Water Street Right of Ways for Padre Island with 2Chainz Brush Clearing, LLC for a total amount not to exceed $63,984.00; with FY 2020 funding in an amount of $3,554.66 funded through the Storm Water Fund. WHEREAS, the services to be provided by the selected contractors have been competitively bid based upon and in accordance with a procurement method authorized by State law and the Charter of the City of Corpus Christi (“City”); WHEREAS, the City received bids for mowing services for storm water street right of ways for Padre Island in response to Bid No.3140 of which only the lowest responsive, responsible bidder may be awarded a mowing services for storm water and street right of ways for Padre Island contract (“contract”); WHEREAS, state law provides that, if the competitive sealed bidding requirement applies to a contract for goods or services, the contract must be awarded to the lowest responsive, responsible bidder or to the bidder that provides the best value, pursuant to Texas Local Government Code §252.043(a); WHEREAS, the City notified all bidders in its bid documents for Bids No.3140 that contracts would be awarded to the lowest responsive, responsible bidders; WHEREAS, the City Council finds that the lowest responsive, responsible bidder awarded a contract for mowing services for storm water and street right of ways for Padre Island is 2Chainz Brush Clearing, LLC for an amount not to exceed $63,984.00; and WHEREAS in the event the lowest responsive, responsible bidder fails to execute the awarded contract or fails to perform under this contract, the City Manager, or designee, is authorized to execute a contract for the remainder of the contract term with the next lowest bidder, in succession, in order to secure replacement for services for the City. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council finds that the foregoing preamble language stated in this resolution to be true and correct and adopts such findings for all intents and purposes related to the authorizations of each of the procurements that are the subject of this resolution. Section 2. The City Council finds that 2Chainz Brush Clearing, LLC is the lowest responsive, responsible bidder for mowing services for storm water and street right of ways for Padre Island and is awarded a contract for an amount not to exceed $63,984.00, as shown in the bid tabulation sheet, the content of which is incorporated into this resolution by reference as if fully set out here in its entirety. Section 5. The City Manager, or designee, is authorized to execute service agreement with the lowest responsive, responsible bidders in accordance with the terms and conditions stated in Bid No.3140. Furthermore, in the event the lowest responsive, Page 2 of 2 responsible bidder fails to execute the contract for the respective awarded group or fails to perform under an executed contract for the awarded group, the City Manager, or designee, is authorized to execute a contract for the remainder of the contract term with the next lowest responsive, responsible bidder per respective bid, in succession, in order to secure replacement mowing for storm water and street right of way services for the City. PASSED AND APPROVED on the ______ day of _________, 2020: Joe McComb _______________________ Rolando Barrera _______________________ Rudy Garza _______________________ Paulette M. Guajardo _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Ben Molina _______________________ Everett Roy _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor City of Corpus Christi Bid Tabulation Contracts and Procurement Department RFB No. 3140 Buyer: Sandra Rodriguez Mowing Services for Storm Water Street Right of Ways for Padre Island Description Acres Cycle Unit Price per Cycle Total Price Unit Price per Cycle Total Price Unit Price per Cycle Total Price Unit Price per Cycle Total Price Unit Price per Cycle Total Price Mowing for Padre Island Year 1 62.73 8 $ 2,666.00 $ 21,328.00 $ 12,499.00 $ 99,992.00 $ 17,250.75 $138,006.00 $ 20,073.60 $160,588.80 $ 45,000.00 $ 360,000.00 Mowing for Padre Island Year 2 62.73 8 $ 2,666.00 $ 21,328.00 $ 12,499.00 $ 99,992.00 $ 17,250.75 $138,006.00 $ 20,073.60 $160,588.80 $ 50,000.00 $ 400,000.00 Mowing for Padre Island Year 3 62.73 8 $ 2,666.00 $ 21,328.00 $ 12,499.00 $ 99,992.00 $ 17,250.75 $138,006.00 $ 20,073.60 $160,588.80 $ 55,000.00 $ 440,000.00 $ 63,984.00 $ 299,976.00 $414,018.00 $481,766.40 $ 1,200,000.00 GRAN TOTAL Montgomery Development Corpus Christi, TX 2Chainz Brush Clearing, LLC Lolita, TX Lawn In Order Corpus Christi, TX Coastal, LLC R ocking H Construction, Ltd. Alice, TXCorpus Christi, TX Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 9, 2020 SERVICE AGREEMENT NO. 3140 Mowing Services for Storm Water Street Right of Ways for Padre Island THIS Mowing Services for Storm Water Street Right of Ways for Padre Island Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and 2Chainz Brush Clearing, LLC (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Mowing Services for Storm Water Street Right of Ways for Padre Island in response to Request for Bid/Proposal No. 3140 (“RFB/RFP”), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor’s bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Mowing Services for Storm Water Street Right of Ways for Padre Island (“Services”) in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for three years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods (“Option Period(s)”), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $63,984.00, 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. DocuSign Envelope ID: 3A7A7076-2D7E-4AE2-92DA-052E7C24E17D Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 9, 2020 Invoices will be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Agreement is as follows: Name: Patrice Aubert Department: Street Operations Phone: 361-826-1699 Email: PatriceA@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 DocuSign Envelope ID: 3A7A7076-2D7E-4AE2-92DA-052E7C24E17D Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 9, 2020 purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, must be paid by the Contractor within 30 days of receipt of City’s invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. DocuSign Envelope ID: 3A7A7076-2D7E-4AE2-92DA-052E7C24E17D Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 9, 2020 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. The City may, at the City’s sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Patrice Aubert Title: Park Operations Supervisor Address: 1201 Leopard Street, Corpus Christi, Texas 78401 Phone: 361-826-1699 Fax: N/A IF TO CONTRACTOR: 2Chainz Brush Clearing, LLC Attn: Joe Chaney DocuSign Envelope ID: 3A7A7076-2D7E-4AE2-92DA-052E7C24E17D Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form March 9, 2020 Title: Owner Address: 305 CR 4291, Lolita, Texas 77971 Phone: 361-920-1383 Fax: N/A 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor’s failure to 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. DocuSign Envelope ID: 3A7A7076-2D7E-4AE2-92DA-052E7C24E17D Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form March 9, 2020 19. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City’s maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the DocuSign Envelope ID: 3A7A7076-2D7E-4AE2-92DA-052E7C24E17D Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 9, 2020 expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. CONTRACTOR 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. 3140 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: 3A7A7076-2D7E-4AE2-92DA-052E7C24E17D 8/12/2020 Owner Joe Chaney Page 1 of 8 ATTACHMENT A: SCOPE OF WORK 1.General Requirements The Contractor shall mow storm water street right-of-way’s in accordance with the Storm Water Department's maintenance operations of the Storm Water Drainage Collection System. All areas are located within the City limits of the City of Corpus Christi. Please reference Exhibit 1, Padre Island. 2.Scope of Work A.Prior to each operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags. grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the identified locations. Including, but not limited to, fence lines, sidewalks. trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces within the identified location. Pick-up shall consist of removal of visible litter larger than three inches square. Special attention shall be given to ensure the removal of objects, which may cause injury, if thrown from equipment. B.Mowers shall be adjusted for a cutting height of approximately five inches. C.Cycle Description: 1.Street Right-of-Way and fire breaks - 8 Cycles per year. 2.Street Right-of-Way cycles will run 45 days If a cycle is finished before the days are up, the Contractor will not start another cycle until the day after the completion of the previous cycle. 3.There will be only 8 cycle cuts for street right-of-way in a contract year. Contractor will notify the Contract Administrator upon completion of mowing for a cycle. D. All mowing equipment shall be equipped with sharp blades so as not to tear, but cleanly cut the blades of grass. E.The Contractor shall mow as close as practicable to all fixed objects exercising extreme care not to damage trees, plants, shrubs, fire hydrants, sign and power poles, guardrails, culvert head walls, delineators or other appurtenances which are part of the right-of-way. F. The Contractor shall hand trim around all fixed objects such as trees, plants, shrubs, fire hydrants, sign and power poles, guardrails and culvert head walls, unless specified otherwise and will be subsidiary to the mowing operation. G. The Contractor shall be responsible for notifying the Contract Administrator of large object(s), including, but not limited to furniture, appliances and massive dump sites etc. Any large object(s) which are too large to set aside, shall be mowed around until removal is coordinated by the City. DocuSign Envelope ID: 3A7A7076-2D7E-4AE2-92DA-052E7C24E17D Page 2 of 8 The Contractor shall coordinate the rescheduling of mowing the uncut area with the Contract Administrator. H.After operations, the Contractor shall remove any visible trash and debris that were cut up during the process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's expense and proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. I.Emergency Mobilization: Under extraordinary conditions, the City may be required to pull the Contractor from an area actively being worked in order to address an emergency situation. The City recognizes this may create a hardship for the Contractor in terms of equipment and personnel costs. Under such authorized emergency mobilizations, the Contract Administrator will authorize the Contractor to charge no more than $75.00 for fuel for each piece of equipment and $50.00 per person, not to exceed $250.00 for labor and equipment in addition to the standard contracted rate for acreage mowed. An "authorized" emergency mobilization is a mobilization initiated by the Contract Administrator. Any unauthorized emergency mobilizations will not be paid for by the City. In addition, the event of an authorized emergency mobilization does not relieve the Contractor of its obligation to maintain the contracted mowing schedule. J. Drought Stipulation: The City intends on establishing a routine scheduled right- of-way mowing program which will control the growth of grass and weeds to an acceptable level. However, the lack of rainfall throughout the contract period may slow the growth of grass and weeds to a level which does not require mowing of the rights- of-way at the predetermined scheduled dates. In the event a drought situation develops at any time throughout the contract period, the Contract Administrator will consult with the Director of Public Works Operations or designee and in turn will direct the Contractor to either continue mowing, mowing on a limited basis or suspend mowing altogether. Cycles which are canceled due to drought conditions will not be made up. 3. Work Site and Conditions A.The work shall be performed at locations throughout the City as defined by group. See Exhibit 1 for locations. B.Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. C.Work Hours: The Contractor will confine all operations to daylight hours, sunrise to sunset and the schedule must be approved by the Contract Administrator prior to commencing the mowing program. It is expected that the work will be scheduled effectively throughout the contract period in order to accomplish an overall well managed mowing maintenance program. DocuSign Envelope ID: 3A7A7076-2D7E-4AE2-92DA-052E7C24E17D Page 3 of 8 D.Non-Work Hours: The Contractor may not store any equipment or tools on any site. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site. E.Mowing will not be permitted when, in the opinion of the Contract Administrator. Soil and weather conditions are such that the rights-of-way will be damaged. Cycles which are canceled due to rainfall will be made up only if needed, as decided by the Contract Administrator. The Contractor will coordinate rescheduling of make-up cycles with the Contract Administrator. F.For Ozone Warning Days the following restrictions apply: 1.No use of chain saws, pole saws. motor scooters and other small engines will be allowed. 2.Diesel powered trimming equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the Contractor has made contact with the Contract Administrator or designee and received permission to proceed with work order. 3.Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the Contractor has made contact with the Contract Administrator, or designee and received permission to proceed with work order. 4. Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 5. Traffic Control The Contractor shall follow all traffic regulations in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials. devices and safety vests are required to protect the mowers and the traveling public. 6. Equipment A.All mowers must be equipped with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property by flying debris from under the mower. Maximum cutting widths for rigid frame rotary mowers shall be 108 inches. Hinged or batwing mower cutting widths shall be max. of 15 feet. Slope mowers to have 72 inches cutting width and 28 foot or greater cutting reach. All mowers shall be kept in good operating condition and shall always be maintained to provide a clean sharp cut of vegetation. All equipment shall be approved by the Contract Administrator. B.The Contractor shall provide a minimum of one bat-wing mower and or brush hog, two Zero turn 997’s, two weed eaters, and one blower for this work. DocuSign Envelope ID: 3A7A7076-2D7E-4AE2-92DA-052E7C24E17D Page 4 of 8 C.Contractor shall have sufficient resources and personnel to perform the work as specified. 7. Safety Requirements Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall be kept open to traffic. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests will be required to protect the trimmers and the traveling public and will be furnished by the Contractor. The Contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes there to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly but shall be subsidiary to the various bid items of this contract. 8. Security and Protection of Property A.Security Requirements: 1.The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2.The Contractor shall not enter the buildings at any location for any reason without receiving prior approval from the Contract Administrator. B.Protection of Property: 1.The Contractor shall take proper measures to protect all property which might be damaged by Contractor's Work hereunder, and in case of any damage resulting from any act or omission on the part of or on behalf of the Contractor, and shall restore at its own expense the damaged property to a condition similar or equal to that existing before such damage was done, or shall make good such damage in all acceptable manner. 2.All damages which are not repaired or compensated for by the Contractor will be repaired or compensated for by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. 9. Notifications and Inspections A.Each Monday morning prior to 8:00 a.m., the Contractor shall call or email the assigned Contract Administrator indicating the locations and work being performed that week. No work shall be done without proper, prior notification. B.When a location is completed, the assigned City Inspector shall inspect the site and either approve the work or advise the Contractor of any discrepancies. The Contractor shall take whatever action necessary to correct any discrepancies within one working day. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified, and a $25 re-inspection fee will be charged for a third inspection. At DocuSign Envelope ID: 3A7A7076-2D7E-4AE2-92DA-052E7C24E17D Page 5 of 8 that time, the Contractor shall have one working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies and a $25 fee will be charged for each additional inspection necessary until discrepancies have been corrected. The City shall deduct the inspection fee from the payment to be made to the Contractor for that cycle of maintenance. C.The City shall always have the right to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, and employees. D.Work Crew Supervision: The Contractor shall provide qualified supervision of each crew, always while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be enough cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. DocuSign Envelope ID: 3A7A7076-2D7E-4AE2-92DA-052E7C24E17D Page 6 of 8 Exhibit 1- Padre Island Locations Location No.1 Location No. ZONE 9 SECTION ACRES 1 Park Road 22 JFK Bridge to City Limit Sign 54.00 2 Verdemar Dr. Park Road 22 to Playa Del Rey 0.96 3 Ville Maria Isabel Playa Del Rey to Sand Dollar 0.45 4 Sand Dollar Packery Channel Park Road to Verdemar 0.72 5 Ave De San Nico Ville Maria Isabel to Verdemar 0.06 6 Playa Del Rey Ville Maria Isabel to Dead End South 1.03 7 Commodores ROW Aquarius St. to Swordfish St. 0.20 8 Commodores FIREBREAK Swordfish St. to Commodores 2.22 9 Sea Pine Dr. FIREBREAK Sea Pine Dr. to Dead End 0.58 10 Allamanda FIREBREAK Pionciana St. to Coral Vine St. 2.51 Total 62.73 DocuSign Envelope ID: 3A7A7076-2D7E-4AE2-92DA-052E7C24E17D Page 7 of 8 Locations No.2 – Locations No. 10 DocuSign Envelope ID: 3A7A7076-2D7E-4AE2-92DA-052E7C24E17D Page 8 of 8 Location No. 7 Commodores ROW & Location No. 8 Commodores Firebreak Location No. 9 Sea Pine Dr. Firebreak & Location No.10 Allamanda Firebreak DocuSign Envelope ID: 3A7A7076-2D7E-4AE2-92DA-052E7C24E17D ATTACHMENT a: BID AND PRICING SCHEDULE €§008!iseppB ::8p Y OF CORPUS CHRISTlNTRACTSANDPROCUREMENTARTMENT '"Oifla03Eto BI D FO RM RFB No. 3140 Mowing Services for Storm Water Street Right of Ways for Padre Island Date. T16|2_a PAGEloH Bidder2in9?,Hgnha°::reed# 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before Completing bid.2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information a n file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with al a pplicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description Acres Cycles Unit Pn.ce perCycle Total Price 1 Mowing for Padre IslandYear1 62.73 8 2J¢th . D D Z I 3 2 S -l)u 2 Mowing for Padre IslandYear2 62.73 8 z]hat,try. a D 2 I .3r8 , OD 3 Mowing for Padre IslandYear3 62.73 8 2Jeth , CD 2ISZ3..C\IL`:I Grand Total $ 63,984-_I vyu .00 DocuSign Envelope ID: 3A7A7076-2D7E-4AE2-92DA-052E7C24E17D 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 applicablepolicy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability Including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/ Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1.Owned 2.Hired and Non-Owned 3.Rented/Leased $1,000,000 Combined Single Limit WORKERS’ COMPENSATION EMPLOYER’S LIABILITY Statutory $500,000 /$500,000 /$500,000 C.In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 1 of 3 DocuSign Envelope ID: 3A7A7076-2D7E-4AE2-92DA-052E7C24E17D II.ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in an amount sufficient to assure that all workers’ compensation obligations incurred by the Contractor will be promptly met. B.Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C.Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurancepolicies 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 lessthan ten (10) calendar days advance written notice for nonpayment of premium. E.Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. Page 2 of 3 DocuSign Envelope ID: 3A7A7076-2D7E-4AE2-92DA-052E7C24E17D 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. 2020 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services – Services Performed Onsite 04/14/2020 Risk Management – Legal Dept. Page 3 of 3 BOND REQUIREMENTS:No bonds are required, therefore, Service Agreement 3140, Section 5 Insurance; Bonds subsection 5(B), is hereby void. DocuSign Envelope ID: 3A7A7076-2D7E-4AE2-92DA-052E7C24E17D Page 1of 1 ATTACHMENT D: WARRANTY REQUIREMENTS No product warranty is required therefore, Service Agreement 3140, Section 8, Warranty Requirements subsections 8(A)and (B) are hereby void. DocuSign Envelope ID: 3A7A7076-2D7E-4AE2-92DA-052E7C24E17D SWORDFISH AQUARIUS AC CE SS LA FFIT E AMBROSIA NUBE S A N D D O L L A R LAFFITE AQUARIUS C O B O D E B A R A MARINA PARK SOTO PU N T A F A R O SEA PINES TREEBINE LA BLANQUILLA P O R T S O C A L L SCHOONER CUTTYSARK P U N T A B O N AIR E D A S M A RIN A S IS A B E L L A C A R A V E L YARDARMREALES A C C E SS P O R T R O Y A L CAMINODE P L ATA PESETA HA W KSNEST BAY LIGHTHOUSE HWY 361 A LAENTRADACALLE C A R T A G E N A A L M E R IA C U T L A S S B A R A T A R IA THREE FATHOMS BANK CABANANORTH PALO SECO T O P G A L L A N T B O AT S W AIN CORALVINE VINCENT CABO BLANCO SAN FELIPE BRIGANTINE DRAGONET PIRATA L A S T U N A S ALOHA DORSAL C A T A M A R A N W H A L E R EL SOCCORRO C O R A L B A Y MORUGA ENCANTADA ST JOHNS QUARTERDECK BAY BEAN W HIT E C A P AQUARIUS L A F FIT E VILLA MARIA ISABEL L A N Y A R D AVENIDA DE SAN NICO EAGLESNEST BAY V E R D E M A R GUNCAY CROSSJACK C O M P ASS GRANADA C A P T A IN KID D R U D D E R A Q U A RIUS ACCESS SEA HORSE G Y P S Y IS L A PIN T A C A B A N A E A S T ZAHN IS L A C O L O N KEEL CUMANA RUNNINGLIGHT ACCESS B O U N T Y JA C K FIS H MIN G O C A Y H E A D S AIL COMMODORES S A B R E P E S C A D O R E S C A M I N O D E O R O S O U T H P A D R E IS L A N D F R O N T A G E ROBLA MARINA KINGPHILLIP M O R O SEAGRAPE ST BA R TH O L O M E W ST AUGUSTINE M E RID A QUEEN JOHANNA CARIBE BLUE FISH M O N T P E L E E C R UIS E R S R JESSAMINE EMERALD W CHESAPEAKE ROYALFIFTH K E T C H COZU MEL A C C E S S 3 A S E A F A R E R CARLOSFIFTH D Y N A PORTILLO LEEWARD PIONCIANA FINIS T E R E DUCAT S O U T H P A D R E IS L A N D LINDO SUNTAN S E A M O U N T C A Y ACCESS PRIM AVE R A E S C A P A D E K E Y L A R G O T A J A M A R M A N O W A R GRENADINE BON AS SE L O N G B O A T INDIGO M AIN S A IL LEE W ARD C R UIS E R JIBSTAY FLINTL O C K CAYO GORDA CAYO CANTILES BULLION COQUINA BAY DOUBLOON HALYARD GUNWALE TOPSAIL MUTINY JOLLY ROGER BOWSPIRIT MIZZEN SCALLOP B E A U F O R T P A C K E R Y P O IN T E ALLAMANDA GOLDFISH TORTUGA PLAYA DEL REY A R U B A A T A S C A D E R A TESORO NEMO B L A C K B E A R D F O R T U N A B A Y M AI N R O Y A L NATAL PLUM PALMIRA C A P S T A N WINDJAM MER PUNTA ESPADA GULF BEACH WINDWARD JACKTAR HIGHLAND MIST CANADIAN MIST NEWPORT PASS S O U T H P A D R E IS L A N D Legend NAME AVENIDA SE SAN NICO AlLLAMADA FIREBREAK COMMODORE FIRE BREAK COMMODORE RoW PARK ROAD 22 PLAYA DEL REY SAND DOLLAR SEA PINE FIREBREAK VERDEMA VILLA MARIA ISABEL ISLAND MOWING CONTRACT . 0 0.2 0.4 0.6 0.80.1 Miles DATE: August 25, 2020 TO: Peter Zanoni, City Manager FROM: Richard Martinez, Director of Public Works/Street Operations RichardM5@cctexas.com (361) 826-3419 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: 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. SUMMARY: This resolution authorizes a three-year service agreement for mowing and grounds maintenance of Storm Water Group 1B. These services are necessary to maintain medians on arterial & collectors in the Calallen area. BACKGROUND AND FINDINGS: This current contract establishes 17 mowing cycles per year on Leopard Street (Rand Morgan Road to Rehfeld Road) Horseshoe Drive, Peach Tree Street & Western Drive. The work includes mowing of street rights-of-ways and open drainageways adjacent the to the roadways and medians. The previous mowing contract was re-bid due to a self-termination by the contractor. A short-term contract was issued to maintain these areas while a new procurement process occurred for a long-term mowing contract. Previously, the mowing contract was defined by one large group (Group 1) that included three geographical areas throughout the City: Western area, Calallen area, and the Mowing and Grounds Maintenance for Storm Water Group 1B AGENDA MEMORANDUM Action Item for the City Council Meeting September 22, 2020 Central region. To improve efficiency, Public Works re-evaluated the geographical boundaries of the previous Group 1 contract. It was determined efficiencies could be obtained by separating the previous contract into three separate contracts based on geographical areas. This item focuses on the Calallen area (Group 1B). Upcoming agenda items will address the two (2) remaining regions. The Contracts and Procurement Department conducted a competitive Request for Bid process to obtain bids for new long-term contracts. The City received eight responsive, responsible bids and is recommending award to WCD Enterprises, LLC as lowest responsive, responsible bidder. Public Works Department met with WCD Enterprises local office to inspect their equipment & personnel to ensure contract award is not defaulted, Department recommends awarding this contract. ALTERNATIVES: The alternative would be to hire additional City staff and purchase additional equipment to do the work in-house. Based on previous expenditures through Public Works, to execute the same or similar work with in-house crews would be an estimated startup cost of $468,546.90 and an estimated $249,866.88 for yearly salaries and benefits. Currently, the department does not have the appropriate staffing levels or equipment to maintain the areas. FISCAL IMPACT: The fiscal impact in FY 2020 is an estimated amount of $2,287.91 for a portion of the first year of this three-year service agreement with funding available from the Storm Water Fund. The remaining estimated amount of $80,077.09 will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 4300 Storm Water Organization/Activity: 32001 St Wtr Park and Rec Mission Element: 043 Drainage infra-surface/pipes Project # (CIP Only): N/A Account: 530225 Mowing and Grounds Maintenance RECOMMENDATION: Staff recommends approval of this resolution authorizing a three-year service agreement to WCD Enterprises, LLC for Mowing and Grounds Maintenance for Storm Water Group 1B as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Bid Tabulation Service Agreement Map Page 1 of 2 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. WHEREAS, the services to be provided by the selected contractors have been competitively bid based upon and in accordance with a procurement method authorized by State law and the Charter of the City of Corpus Christi (“City”); WHEREAS, the City received bids for mowing and grounds maintenance for Storm Water Group 1C, in response to Bid No.3141 of which only the lowest responsive, responsible bidder may be awarded a mowing and grounds maintenance services contract (“contract”); WHEREAS, state law provides that, if the competitive sealed bidding requirement applies to a contract for goods or services, the contract must be awarded to the lowest responsive, responsible bidder or to the bidder that provides the best value, pursuant to Texas Local Government Code §252.043(a); WHEREAS, the City notified all bidders in its bid documents for Bids No.3141 that contracts would be awarded to the lowest responsive, responsible bidders; WHEREAS, the City Council finds that the lowest responsive, responsible bidder awarded a contract for Storm Water Group 1B is WCD Enterprises, LLC, for an amount not to exceed $82,365.00 and; WHEREAS in the event the lowest responsive, responsible bidder fails to execute the awarded contracts or fails to perform under a contract for any awarded item, the City Manager, or designee, is authorized to execute a contract for the remainder of the contract term with the next lowest bidder, in succession, in order to secure replacement for mowing and grounds maintenance services for the City. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council finds the foregoing preamble language stated in this resolution to be true and correct and adopts such findings for all intents and purposes related to the authorizations of each of the procurements that are the subject of this resolution. Section 2. The City Council finds that WCD Enterprises, LLC is the lowest responsive, responsible bidder for Storm Water Group 1B and is awarded a contract for an amount not to exceed $82,365.00, as shown in the bid tabulation sheet, the content of which is incorporated into this resolution by reference as if fully set out here in its entirety. Section 3. The City Manager, or designee, is authorized to execute service agreements with the lowest responsive, responsible bidder in accordance with the terms and conditions stated in Bid No.3141. Furthermore, in the event the lowest responsive, responsible bidder Page 2 of 2 fails to perform under an executed contract the City Manager, or designee, is authorized to execute a contract for the remainder of the contract term for any group number with the next lowest responsive, responsible bidder per respective bid group, in succession, in order to secure replacement mowing and grounds maintenance services for the City. PASSED AND APPROVED on the ______ day of _________, 2020: Joe McComb _______________________ Rolando Barrera _______________________ Rudy Garza _______________________ Paulette M. Guajardo _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Ben Molina _______________________ Everett Roy _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor City of Corpus Christi Bid Tabulation Contracts and Procurement Department RFB No. 3141 Buyer: Sandra Rodriguez Mowing and Grounds Maintenance for Group 1B PAGE 1 OF 2 Description Acres Cycle Unit Price per Cycle Total Price Unit Price per Cycle Total Price Unit Price per Cycle Total Price Unit Price per Cycle Total Price Mowing and Ground Maintenance Year 1 11.44 17 $ 1,615.00 $ 27,455.00 $ 1,705.00 $ 28,985.00 $ 1,872.69 $ 31,835.73 $ 2,288.00 $ 38,896.00 Mowing and Ground Maintenance Year 2 11.44 17 $ 1,615.00 $ 27,455.00 $ 1,705.00 $ 28,985.00 $ 1,938.23 $ 32,949.91 $ 2,288.00 $ 38,896.00 Mowing and Ground Maintenance Year 3 11.44 17 $ 1,615.00 $ 27,455.00 $ 1,705.00 $ 28,985.00 $ 2,006.07 $ 34,103.19 $ 2,288.00 $ 38,896.00 $ 82,365.00 $ 86,955.00 $ 98,888.83 $ 116,688.00 Coastal, LLC Corpus Christi, TX GRAND TOTAL WCD Enterprises, LLC Scottsdale, AZ Lawn In Order Corpus Christi, TX WLE, LLC Austin, TX PAGE 2 OF 2 Unit Price per Cycle Total Price Unit Price per Cycle Total Price Unit Price per Cycle Total Price Unit Price per Cycle Total Price $ 3,203.20 $ 54,454.40 $ 4,500.00 $ 76,500.00 $ 4,714.86 $ 80,152.62 $ 20,000.00 $ 340,000.00 $ 3,203.20 $ 54,454.40 $ 4,500.00 $ 76,500.00 $ 4,714.86 $ 80,152.62 $ 22,000.00 $ 374,000.00 $ 3,203.20 $ 54,454.40 $ 4,500.00 $ 76,500.00 $ 4,714.86 $ 80,152.62 $ 24,000.00 $ 408,000.00 $ 163,363.20 $ 229,500.00 $ 240,457.86 $ 1,122,000.00 Montgomery Development Corpus Christi, TX Fessenden Custom Lawn Care Corpus Christi, TX Agape Lawn Maintenance Corpus Christi, TX Rocking H Construction, LTD Alice, TX Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 9, 2020 SERVICE AGREEMENT NO. 3141 Mowing and Grounds Maintenance for Storm Water Group 1B THIS Mowing and Grounds Maintenance for Storm Water Group 1B Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation (“City”) and WCD Enterprises, LLC (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Mowing and Grounds Maintenance for Storm Water Group 1B in response to Request for Bid/Proposal No. 3141 (“RFB/RFP”), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor’s bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Mowing and Grounds Maintenance for Storm Water Group 1B (“Services”) in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for three years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods (“Option Period(s)”), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3.Compensation and Payment. This Agreement is for an amount not to exceed $82,365.00, 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. DocuSign Envelope ID: 0C4D5840-F734-45DA-8364-7509B2C2B395 Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 9, 2020 Invoices will be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4.Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Agreement is as follows: Name: Patrice Aubert Department: Street Operations Phone: 361-826-1699 Email: PatriceA@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 DocuSign Envelope ID: 0C4D5840-F734-45DA-8364-7509B2C2B395 Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 9, 2020 purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, must be paid by the Contractor within 30 days of receipt of City’s invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. DocuSign Envelope ID: 0C4D5840-F734-45DA-8364-7509B2C2B395 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 9, 2020 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. The City may, at the City’s sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Patrice Aubert Title: Park Operations Supervisor Address: 1201 Leopard Street, Corpus Christi, TX 78401 Phone: 361-826-1699 Fax: N/A IF TO CONTRACTOR: WCD Enterprises, LLC Attn: Tanya Fullington DocuSign Envelope ID: 0C4D5840-F734-45DA-8364-7509B2C2B395 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form March 9, 2020 Title: Business Development Address: 28150 N. Alma School Pkwy. #103-452, Scottsdale, AZ 85262 Phone: 480-415-3416 Fax: 480-613-0011 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. DocuSign Envelope ID: 0C4D5840-F734-45DA-8364-7509B2C2B395 Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form March 9, 2020 19. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City’s maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the DocuSign Envelope ID: 0C4D5840-F734-45DA-8364-7509B2C2B395 Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 9, 2020 expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. CONTRACTOR 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. 3141 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: 0C4D5840-F734-45DA-8364-7509B2C2B395 Vice President 8/12/2020 Wes Dryden Page 1 of 9 ATTACHMENT A: SCOPE OF WORK 1. General Requirements Provide complete mowing and grounds maintenance services for street rights- of- way, circles, and medians including all reasonable and necessary labor, supervision, equipment and supplies to keep contracted areas properly maintained. Grounds at each site are always to be safe and presentable. 2. Scope of Work Provide complete grounds maintenance including litter and debris removal, mowing, trimming and applying fertilizer to City owned property as shown Exhibit A. A.Prep Work 1.The Contractor and all related employees shall attend an orientation prior to the term of the contract and each extension Parks and Recreation Maintenance 5352 Ayers St. Bldg. 4 Corpus Christi, Texas 78415 2.Prior to each operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the identified locations. Including, but not limited to, fence lines, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces within the identified location. Pick-up shall consist of removal of visible litter larger than three inches square. Special attention shall be given to insure the removal of objects, which may cause injury, if thrown from equipment. 3.After operations, the Contractor shall remove any visible trash and debris that were cut up during the process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's expense and proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. However, if the debris is too large to haul, the Contractor shall pile the debris, take a picture and email the picture and location to the Contract Administrator prior to leaving the location. 4.Contractor is required to cover/tarp debris while transporting for disposal and while moving from site to site. Should the Contractor dispose of the litter and debris at an illegal dumpsite, it is grounds for termination of this agreement. B.Mowing and Trimming DocuSign Envelope ID: 0C4D5840-F734-45DA-8364-7509B2C2B395 Page 2 of 9 1.Turf shall be mowed to a height of three inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle description indicated below. 2.Cycles Description *16 cycles with (1) option cycle to use at Departments discretion. Total Cycles 17 for March, April, May, June – (2) Cycles a month. *July, August, September, October, November, December, January, February – (1) Cycles a month ** The Contractor shall schedule mowing cycles 12 to 15 days apart not mowing less than two cycles per month. ** Cycle 1 during 1s t- 15th and Cycle 2 during 16th – to end of month. ** The Contractor shall schedule mowing cycles 25 to 35 days apart, not mowing no more than one cycle per month. 3.Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be performed in a manner as not to damage trees, shrubs, plants, signs, or other obstructions. 4.String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. 5.Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. 6.All resulting clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. 7.Contractor shall perform all trimming for each cycle using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no time shall wild vegetation be allowed to grow out of these areas. 8. At the time of each mowing, the Contractor shall remove "sucker" growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. DocuSign Envelope ID: 0C4D5840-F734-45DA-8364-7509B2C2B395 Page 3 of 9 C.Edging 1.A steel disk or steel blade edger shall be used for all required edging for one cycle during March, June, and October. This includes edging of all curbs and sidewalks. String line trimming is acceptable for general monthly maintenance. 2.The Contractor shall promptly remove all debris, including soil and trimmingsfrom the areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. D.Fertilizing The Contractor shall provide an application of a 3-1-2 ratio of slow release fertilizer during the growing season. Apply fertilizer that has been formulated for this area, is appropriate for the type of turf grass being fertilized and use manufacturer's recommendation for rate of application. 3. Work Site and Conditions A.The work shall be performed at locations throughout the City as defined by group. See Attachment A-1 for locations. B.Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. The Contractor shall provide landscaping and grounds maintenance only in appropriate months and in accordance with the City's cycle requirements. Changes in such work schedules must be approved by the City. C.Work Hours: Contractor will confine all operations to daylight hours, Monday through Friday, unless one of the days is a City designated holiday. Saturday and Sunday work will require approval from the Contract Administrator to ensure there is no interference with activities, rentals or special events. D.Non-Work Hours: The Contractor may not store any equipment or tools on any site. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site. E.Ozone Warning Days: 1.No mowing will be done on the designated Ozone Action Days except in the case of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a minimum. However, the Contract Administrator or designee will retain the right to determine and notify the contractor of any such special event, emergency or liability. 2.All push mowers, string line trimmers, riding mowers and other small engines will not be used at all. 3.Diesel powered mowing equipment will be allowed to operate on the second day of back-to-bock Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has contacted the Contract Administrator, or designee, and received permission to proceed with work order. 4.Equipment using reformulated gas will be allowed to operate on the third day of back-to-bock Ozone Action Days if equipment is labeled stating the type of DocuSign Envelope ID: 0C4D5840-F734-45DA-8364-7509B2C2B395 Page 4 of 9 fuel used and the contractor has contacted the Contract Administrator, or designee and received permission to proceed with work order. 4. Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 5. Safety Requirements A.Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall be kept open to traffic. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests will be required to protect the mowers and the traveling public and will be furnished by the Contractor. The Contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly but shall be subsidiary to the various bid items of this contract. B.Chemicals: All products (chemicals) shall be kept in a properly labeled container and a Safety Data Sheet (SDS) kept on each item, in a clearly marked SDS notebook by the contractor. The Contractor shall also supply a copy of all SDS sheets to the Contract Administrator. 6. Equipment A.All Contractor's grounds maintenance equipment must be equipped with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property. All equipment shall be kept in good operating condition and shall always be maintained to provide a clean sharp cut of vegetation. All equipment shall be approved by the Contract Administrator. The typical type of equipment required for the ground maintenance operations are commercial riding lawn mowers 60" or larger, blade edger, string line trimmers and blowers. B. Should the Contractor's equipment require service while at any location, the Contractor must notify the Contract Administrator or designee. The Contractor shall not permit any oil grease, or lubricants to spill onto or to contaminate the soil. The Contractor shall be responsible for any clean up and disposal of contaminated soil in accordance with all applicable City, State, and Federal Regulations. DocuSign Envelope ID: 0C4D5840-F734-45DA-8364-7509B2C2B395 Page 5 of 9 7. Security and Protection of Property A. Security Requirements: 1.The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2.The Contractor shall not enter the buildings at any location for any reason without receiving prior approval from the Contract Administrator. 8. Notifications and Inspections A. Each Monday morning prior to 7:00 a.m., the Contractor shall email the Contract Administrator or designee indicating the locations and work being performed that week for approval. If the locations listed on the approved schedule were not mowed and the schedule requires modifications the revised schedule shall be submitted to the Contract Administrator or designee by 5:00 p.m. the day the location was missed. No work shall be done without proper, prior notification. B.A list of completed locations ready for inspection shall be emailed to the Contract Administrator or designee no later than 7:00a.m. on the day to be inspected. When a location is completed, the assigned City Inspector shall inspect the site and advise the Contractor of any discrepancies/rejections. In order to receive credit for mowing rejected locations the Contractor shall take whatever action necessary to correct the discrepancies within one working day. Rejected locations not turned in for inspection within one business day of the rejection will be deemed incomplete for the cycle and the Contract will not be given credit. For the purpose of this contract, workdays shall include Monday-Friday, unless one of the days is a City designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified, and a $25 re-inspection fee will be charged for a third inspection. At that time the Contractor shall have one working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies and a $50 fee will be charged. Failure of the fourth inspection will deem the property un-serviced and will need to be completed in its entirety, within the same cycle and resubmitted for the first inspection. The Contractor shall deduct the inspection fee from the payment to be made to the City of Corpus Christi. C.The Contractor shall submit invoices ONLY after cycles are completed. All areas have a 10% penalty for unsatisfactory or incomplete work a 10% penalty will be applied to the invoice total for incomplete cycles. Incomplete cycle payment will be adjusted to reflect the properties missed based on the average price per acre. The 10% penalty will apply to the adjusted invoice total. D.The City shall have the right to examine the supplies, materials andequipment used by the Contractor, its subcontractors, agents, and employees at any time during the contract or extension terms. DocuSign Envelope ID: 0C4D5840-F734-45DA-8364-7509B2C2B395 Page 6 of 9 E.Work Crew Supervision: The Contractor shall always provide qualified supervision of each crew while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directiveswould create potential personal injury or safety hazards. F.Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, watering schedules defects or hazards that impact quality of turf and/or landscaping. G.The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify when replacement is to be made. If the Contractor fails to replace the plantings according to instruction of the Contract Administrator, the Contractor agrees that the City may replace and reduce the Contractor payment by the amount of cost of replacement planting. DocuSign Envelope ID: 0C4D5840-F734-45DA-8364-7509B2C2B395 Page 7 of 9 EXHIBIT A GROUP 1B G1-17 Leopard Street Medians ID Area Location Acreage G1-17 Leopard St. Medians (32)Rand Morgan Rd. to Rehfield Rd.9.28 G1-18 Western Dr. Medians Leopard and Western Dr. 0.08 G1-19 McKinzie- Rockwood Horseshoe -Warrior-Rockwood 1.42 G1-20 Peach Tree Median Leopard and Peach Tree 0.03 G1-25 Leopard Row Warpath- Rolling Acres North Side 0 .63 Total 11.44 DocuSign Envelope ID: 0C4D5840-F734-45DA-8364-7509B2C2B395 Page 8 of 9 G1-18 Western Drive Medians G1-19 McKinzie/Rockwood DocuSign Envelope ID: 0C4D5840-F734-45DA-8364-7509B2C2B395 Page 9 of 9 G1-20 Peachtree Median G1-25 Leopard ROW DocuSign Envelope ID: 0C4D5840-F734-45DA-8364-7509B2C2B395 ATTACHMENT B: BID AND PRICING SCHEDULE DocuSign Envelope ID: 0C4D5840-F734-45DA-8364-7509B2C2B395 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 applicablepolicy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability Including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/ Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1.Owned 2.Hired and Non-Owned 3.Rented/Leased $1,000,000 Combined Single Limit WORKERS’ COMPENSATION EMPLOYER’S LIABILITY Statutory $500,000 /$500,000 /$500,000 C.In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 1 of 3 DocuSign Envelope ID: 0C4D5840-F734-45DA-8364-7509B2C2B395 II.ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in an amount sufficient to assure that all workers’ compensation obligations incurred by the Contractor will be promptly met. B.Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C.Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurancepolicies 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 lessthan ten (10) calendar days advance written notice for nonpayment of premium. E.Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. Page 2 of 3 DocuSign Envelope ID: 0C4D5840-F734-45DA-8364-7509B2C2B395 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. 2020 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services – Services Performed Onsite 04/14/2020 Risk Management – Legal Dept. Page 3 of 3 BOND REQUIREMENTS:No bonds are required, therefore, Service Agreement 3141, Section 5 Insurance; Bonds subsection 5(B), is hereby void. DocuSign Envelope ID: 0C4D5840-F734-45DA-8364-7509B2C2B395 Page 1of 1 ATTACHMENT D: WARRANTY REQUIREMENTS No product warranty is required therefore, Service Agreement 3141, Section 8, Warranty Requirements subsections 8(A)and (B) are hereby void. DocuSign Envelope ID: 0C4D5840-F734-45DA-8364-7509B2C2B395 WESTVIEW YELLOW OAK T U S C A R O R A FONVILLA W O O D C R E E K WILLOW HEIGHTS R A N D M O R G A N W H IT E O A K WOODLAND CREEK CASTLEROCK QUIG HEARN DEVILS CREEK STARLITE W ESTERN R H U M B A JACOB C R E E K VI E W WILMONT ATLANTA MATT BANILY P O S T O A K F R O N TIE R K A M E LIA H O R S E SH O E M O T T S B E V E R L Y H IL L S SECO STACY CASTLETOP ROCKWOODCLIFF CRENSHAW FAIR OAKS VIOLET WANDER IN G CREEK RIPPLINGCREEK BIRDWOOD LA BRANCH WILLOWOODCREEK PINTASCREEK STONEWALL PIO NEE R CALLICOATE INDIOCREEK MOON LIGHT CASTLE KNOLL C H A R L E S JA P O NIC A SUMTER E M M O R D SPRING HILL BIRDWOOD WOODWAYCREEK R E D B U D BLUE CREEK REDCREEK HONEY CREEK SIE R R A CANYON SANDY HOLLOW CREEK SUNRAY CASTLEFOREST RORER O R E G O N PRAIRIE DOG FORK J E S SIE J A Y E M C C AIN RIP P LIN G C R E E K G R A NI T E P E A K KIM I A SILVER CREEK MOUNTAIN VIEW GOLD RUSH M C KIN ZIE S E S S IO N S VIL L A G E Y E A G E R RED BLUFF PEACHTREE ORREL LEOPARD G O O D NIG H T L O VIN G RUSTIC OAK M O R NIN G S T A R FONTANA SUNSHINESTONEWALL EASTWOOD C HIM N E Y R O C K WIN D R O C K SIR NIC K O LA S C O U N TIS S G A T E S CASTLE VALLEY PERNITAS CREEK PAINTROCK PALISADE S H A L L O W C R E E K ELMONT O U T P O S T S A D D L E R O C K E T S I 37 MULHOLLAND DUNSTAIN O A K RUSTLINGCOVE NIGHTHAWK O A KD RSPANISH O A K SAN ROQUE CREEK SH ILOH WILLOW HEIGHTS DR GATES I 37 WOODLAND CREEK H A R RIN G T O N PEACHTREE A U T U M N L E A F RANDOLPH DEWCREEK BUCKINGHAM STACY N E L O N CLEARCREEK MESA CRYSTAL S H A N E WID G E O N V E N U S D W Y E R WESTWOOD CHAMIZAL NID A REHFELD RICHWOOD MARTINE SUNNY HURLWOOD WILDHORSEVALLEY SANDY RIDGE BLUERIDGEMOUNTAINS W A G O N W H E E L BLACKPEAK PIE D R A C R E E K SHOAL CREEK HONEYTRAIL ANNAVILLE NORTH CREEK CAPLIN BEE MOUNTAIN S A M M O N S C A S T L E R ID G E HARNEY C A R B O N P L A N T R O B B Y O R B I T R O L LIN G A C R E S HEIZER S H A N E O V E R L A N D C A S T L E V A L L E Y E L K NOLFORD C AS T L E RIV ER ROUNDTREE KIN G S B U R Y H AR T S E V E N T R E E S P RIN C E S S H E R C U LES R IVE R RU N WAR PATH MAYFIELD LIN N IR M A TURTLE CREEK TWIN RIVER CHISPA CREEK ROUND ROCK BRIDLE NORTHWOOD WIL D W O O D WILDWOOD M O BIL E LOTT B A S K E TT EVENINGSTAR WILD W O OD LOTT GUESS RICHMOND G A LL O P B E C K W O R T H A RIZ O N A A LT AVISTA B A R L O W J ULI AN NA L OIS BLADES M E R C U R Y SIERRA A S H L E Y LEONARD O P O S S U M C R E E K TIMBERGROVE PAULA G R A N D T E T O N W E S T E R N S E D A LIA NUECESTOWN TURKEY CREEK VELDA LEONARD R AIN MIS T R H O D E S H IG H R ID G E SIL V E R T O N LORI M A P L ELEAF POTOMAC W ILK IN S HIL L C O U N T R Y CARDINAL WINDSOR FLEETWOOD H E M L O C K M A L L A R D C R E E K SID E UP RIVER J A C K S O N HARRINGTON LEOPARD WILLOWOOD CREEK W EST V IEW KINGWOOD A U T H E R D E E R T U M B L E W E E D M A R GIE NORTH STARMORROW CHURCH E S C A L A N T E DAISY B L U E G R A S S W IL D W O O D BIRDWOOD A S T R O S C R E E K SI D E CRIPPLECREEK HUNTINGTON REHFELD FM 1694 LEOPARD E N G LIS H O A KROYAL O A K COLETA CREEK GLENWOOD D E E R R U N VICKSBURG MOON BEAM SIL V E R S P U R SA G E B RU SH SHADY LARKWOOD SIL V E R S P U R/WIN D R O C K G U T H LEOPARD V E D A WID G E O N BUTLER M A V E RI C K BRENDEL FOREST HILL M C KIN Z I E UP RIV ER C A ST L E VIE W H U R S T SUNNY DOGWOOD W A R RIO R UP RIVER A L LIS O N H A V E N Legend NAME LEOPARD ROW LEOPARD ST MEDIANS MCKINZIE-ROCKWOOD PEACH TREE MEDIAN WESTERN DR MEDIANS 1B MOWING CONTRACT . 0 0.2 0.4 0.6 0.80.1 Miles DATE: September 8, 2020 TO: Peter Zanoni, City Manager FROM: Richard Martinez, Director of Public Works/Street Operations RichardM5@cctexas.com (361) 826-3419 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: 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. SUMMARY: This resolution authorizes a three-year service agreement for mowing and grounds maintenance for Storm Water Group 1C. These services are necessary to maintain streets rights-of-way on arterials and residential drainage areas. BACKGROUND AND FINDINGS: The proposed contract establishes 12 mowing cycles per year on Ayers Street, Sunnybrook, Houston Street and Naples Street. The work includes mowing of street rights-of-ways and open drainage ways adjacent the to the roadways. The previous mowing contract was re-bid due to a self-termination by the contractor. A short-term contract was issued to maintain these areas while a new procurement process occurred for a long-term mowing contract. Previously, the mowing contract was defined by one large group (Group 1) that included three geographical areas throughout the City: Western area, Calallen area, and Central area. To improve efficiency, Public Works re-evaluated the geographical boundaries of Mowing and Grounds Maintenance for Storm Water Group 1C AGENDA MEMORANDUM Action Item for the City Council Meeting September 22, 2020 the previous Group 1 contract. It was determined efficiencies could be obtained by separating the previous contract into three separate contracts based on geographical areas. This item focuses on the award of the Central area (Group 1C). The Contracts and Procurement Department conducted a competitive Request for Bid process to obtain bids for long-term contract. The City received eight bids and is recommending award to the lowest responsive, responsible bidder, Dan V. Hinojosa dba Kustom Clean Up for Mowing and Grounds Maintenance for Storm Water Group 1C. Currently Kustom Clean Up has an active contract without any performance issues. ALTERNATIVES: Hire additional City staff and purchase additional equipment to do the work in-house. Based on previous expenditures through Public Works, to execute the same or similar work with in-house crews would be an estimated startup cost of $468,546.90 and an estimated $249,866.88 for yearly salaries and benefits. Currently, the department does not have the appropriate staffing levels or equipment to maintain the areas. FISCAL IMPACT: The fiscal impact in FY 2020 is an estimated amount of $2,203.60 for a portion of the first year of this three-year service agreement with funding available from the Storm Water Fund. The remaining estimated amount of $77,126.00 will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 4300 Storm Water Organization/Activity: 32001 St Wtr Park and Rec Mission Element: 043 Drainage infra-surface/pipes Project # (CIP Only): N/A Account: 530225 Mowing and Grounds Maintenance RECOMMENDATION: Staff recommends approval of this resolution authorizing a three-year service agreement with Dan V. Hinojosa dba Kustom Clean Up for Mowing and Grounds Maintenance for Storm Water Group 1C as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Bid Tabulation Service Agreements Map Page 1 of 2 Resolution authorizing a three-year service agreement for mowing and grounds maintenance for Storm Water Group 1C with Dan V. Hinojosa dba Kustom Clean Up in an amount not to exceed $79,329.60, with FY 2020 funding in an amount of $2,203.60 available in the Storm Water Fund. . WHEREAS, the services to be provided by the selected contractors have been competitively bid based upon and in accordance with a procurement method authorized by State law and the Charter of the City of Corpus Christi (“City”); WHEREAS, the City received bids for mowing and grounds maintenance for Storm Water Group 1C, in response to Bid No.3142 of which only the lowest responsive, responsible bidder may be awarded a mowing and grounds maintenance services contract (“contract”); WHEREAS, state law provides that, if the competitive sealed bidding requirement applies to a contract for goods or services, the contract must be awarded to the lowest responsive, responsible bidder or to the bidder that provides the best value, pursuant to Texas Local Government Code §252.043(a); WHEREAS, the City notified all bidders in its bid documents for Bids No.3142 that contracts would be awarded to the lowest responsive, responsible bidders; WHEREAS, the City Council finds that the lowest responsive, responsible bidder awarded a contract for Storm Water Group 1C is Dan V. Hinojosa dba Kustom Clean Up, for an amount not to exceed $79,329.60 and; WHEREAS in the event the lowest responsive, responsible bidder fails to execute the awarded contracts or fails to perform under a contract for any awarded item, the City Manager, or designee, is authorized to execute a contract for the remainder of the contract term with the next lowest bidder, in succession, in order to secure replacement for mowing and grounds maintenance services for the City. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council finds that the foregoing preamble language stated in this resolution to be true and correct and adopts such findings for all intents and purposes related to the authorizations of each of the procurements that are the subject of this resolution. Section 2. The City Council finds that Dan V. Hinojosa dba Kustom Clean Up, is the lowest responsive, responsible bidder for Storm Water Group 1C and is awarded a contract for an amount not to exceed $79,329.60, as shown in the bid tabulation sheet, the content of which is incorporated into this resolution by reference as if fully set out here in its entirety. Section 3. The City Manager, or designee, is authorized to execute service agreements with the lowest responsive, responsible bidder in accordance with the terms and conditions stated in Bid No.3142. Furthermore, in the event the lowest responsive, responsible bidder Page 2 of 2 fails to perform under an executed contract the City Manager, or designee, is authorized to execute a contract for the remainder of the contract term for any group number with the next lowest responsive, responsible bidder per respective bid group, in succession, in order to secure replacement mowing and grounds maintenance services for the City. PASSED AND APPROVED on the ______ day of _________, 2020: Joe McComb _______________________ Rolando Barrera _______________________ Rudy Garza _______________________ Paulette M. Guajardo _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Ben Molina _______________________ Everett Roy _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor City of Corpus ChristiContracts and Procurement DepartmentBuyer: Sandra Rodriguez Bid Tabulation RFB No. 3142Mowing and Grounds Maintenance for Group 1C Description Acres Cycle Unit Price per Cycle Total Price Unit Price per Cycle Total Price Unit Price per Cycle Total Price Unit Price per Cycle Total Price Unit Price Per Cycle Total Price Unit Price Per Cycle Total Price Unit Price per Cycle Total Price Unit Price per Cycle Total Price Mowing and Ground Maintenance Year 1 15.74 12 $ 2,203.60 $ 26,443.20 $ 2,449.00 $ 29,388.00 $ 2,600.00 $ 31,200.00 $ 3,148.00 $ 37,776.00 $ 3,225.54 $ 38,706.48 $ 3,970.00 $ 47,640.00 $4,407.20 $ 52,886.40 $ 17,000.00 $ 204,000.00 Mowing and Ground Maintenance Year 2 15.74 12 $ 2,203.60 $ 26,443.20 $ 2,449.00 $ 29,388.00 $ 2,600.00 $ 31,200.00 $ 3,148.00 $ 37,776.00 $ 3,338.43 $ 40,061.16 $ 3,970.00 $ 47,640.00 $4,407.20 $ 52,886.40 $ 19,000.00 $ 228,000.00 Mowing and Ground Maintenance Year 3 15.74 12 $ 2,203.60 $ 26,443.20 $ 2,449.00 $ 29,388.00 $ 2,600.00 $ 31,200.00 $ 3,148.00 $ 37,776.00 $ 3,455.27 $ 41,463.24 $ 3,970.00 $ 47,640.00 $4,407.20 $ 52,886.40 $ 21,000.00 $ 252,000.00 GRAND TOTAL $ 79,329.60 $ 88,164.00 $ 93,600.00 $ 113,328.00 $ 120,230.88 $ 142,920.00 $ 158,659.20 $ 684,000.00 Dan V. Hinojosa dba Kustom Clean Up Corpus Christi, TX Lawn In Order Corpus Christi, TX Fessenden Custom Lawn Care Corpus Christi, TX Montgomery Development Corpus Christi, TXCoastal, LLC Corpus Christi, TX Rocking H Construction, LTD Alice, TXWLE, LLC Austin, TX WCD Enterprises, LLC Scottsdale ,AZ Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 9, 2020 SERVICE AGREEMENT NO. 3142 Mowing and Grounds Maintenace for Storm Water Group 1C THIS Mowing and Grounds Maintenance for Storm Water Group 1C Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation (“City”) and Dan V. Hinojosa dba Kustom Clean Up (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Mowing and Grounds Maintenance for Storm Water Group 1C in response to Request for Bid/Proposal No. 3142 (“RFB/RFP”), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor’s bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Mowing and Grounds Maintenance for Storm Water Group 1C (“Services”) in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for three years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods (“Option Period(s)”), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $79,329.60., 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. DocuSign Envelope ID: 06AB030D-66FC-4B29-98C4-12E6A88BF5F3 Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 9, 2020 Invoices will be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Agreement is as follows: Name: Patrice Aubert Department: Street Operations Phone: 361-826-1699 Email: PatriceA@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 DocuSign Envelope ID: 06AB030D-66FC-4B29-98C4-12E6A88BF5F3 Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 9, 2020 purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, must be paid by the Contractor within 30 days of receipt of City’s invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. DocuSign Envelope ID: 06AB030D-66FC-4B29-98C4-12E6A88BF5F3 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 9, 2020 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. The City may, at the City’s sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Patrice Aubert Title: Park Operations Supervisor Address: 1201 Leopard Street, Corpus Christi, Texas 78401 Phone: 361-826-1699 Fax: N/A IF TO CONTRACTOR: Dan V. Hinojosa dba Kustom Clean Up Attn: Dan V. Hinojosa DocuSign Envelope ID: 06AB030D-66FC-4B29-98C4-12E6A88BF5F3 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form March 9, 2020 Title: Owner Address: 1525 Days End Dr. Corpus Christi, Texas 78417 Phone: 361-288-6829 Fax: N/A 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor’s failure to 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. DocuSign Envelope ID: 06AB030D-66FC-4B29-98C4-12E6A88BF5F3 Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form March 9, 2020 19. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City’s maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the DocuSign Envelope ID: 06AB030D-66FC-4B29-98C4-12E6A88BF5F3 Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 9, 2020 expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. CONTRACTOR 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. 3142 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: 06AB030D-66FC-4B29-98C4-12E6A88BF5F3 8/12/2020 OWNER Dan Hinojosa Page 1 of 11 ATTACHMENT A: SCOPE OF WORK 1. General Requirements Provide complete mowing and grounds maintenance services for street rights- of- way, circles, and medians including all reasonable and necessary labor, supervision, equipment and supplies to keep contracted areas properly maintained. Grounds at each site are always to be safe and presentable. 2. Scope of Work Provide complete grounds maintenance including litter and debris removal, mowing, trimming and applying fertilizer to City owned property as shown Exhibit A. A.Prep Work 1.The Contractor and all related employees shall attend an orientation prior to the term of the contract and each extension Parks and Recreation Maintenance 5352 Ayers St. Bldg. 4 Corpus Christi, Texas 78415 2.Prior to each operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the identified locations. Including, but not limited to, fence lines, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces within the identified location. Pick-up shall consist of removal of visible litter larger than three inches square. Special attention shall be given to insure the removal of objects, which may cause injury, if thrown from equipment. 3.After operations, the Contractor shall remove any visible trash and debris that were cut up during the process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's expense and proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. However, if the debris is too large to haul, the Contractor shall pile the debris, take a picture and email the picture and location to the Contract Administrator prior to leaving the location. 4.Contractor is required to cover/tarp debris while transporting for disposal and while moving from site to site. Should the Contractor dispose of the litter and debris at an illegal dumpsite, it is grounds for termination of this agreement. DocuSign Envelope ID: 06AB030D-66FC-4B29-98C4-12E6A88BF5F3 Page 2 of 11 B.Mowing and Trimming 1.Turf shall be mowed to a height of three inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle description indicated below. 2.Cycles Description A. Right of Way / Storm Water * Monthly – 12 Cycle * The Contractor shall schedule mowing cycles 25 to 35 days apart, not mowing no more than one cycle per month. 3.Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be performed in a manner as not to damage trees, shrubs, plants, signs, or other obstructions. 4.String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. 5.Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. 6.All resulting clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. 7.Contractor shall perform all trimming for each cycle using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no time shall wild vegetation be allowed to grow out of these areas. 8. At the time of each mowing, the Contractor shall remove "sucker" growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. C.Edging 1.A steel disk or steel blade edger shall be used for all required edging for one cycle during March, June, and October. This includes edging of all curbs and sidewalks. String line trimming is acceptable for general monthly maintenance. DocuSign Envelope ID: 06AB030D-66FC-4B29-98C4-12E6A88BF5F3 2.The Contractor shall promptly remove all debris, including soil and trimmings from the areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. D.Fertilizing The Contractor shall provide an application of a 3-1-2 ratio of slow release fertilizer during the growing season. Apply fertilizer that has been formulated for this area,is appropriate for the type of turf grass being fertilized and use manufacturer's recommendation for rate of application. 3. Work Site and Conditions A.The work shall be performed at locations throughout the City as defined by group. See Attachment A-1 for locations. B.Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. The Contractor shall provide landscaping and grounds maintenance only in appropriate months and in accordance with the City's cycle requirements. Changes in such work schedules must be approved by the City. C.Work Hours: Contractor will confine all operations to daylight hours, Monday through Friday, unless one of the days is a City designated holiday. Saturday and Sunday work will require approval from the Contract Administrator to ensure there is no interference with activities, rentals or special events. D.Non-Work Hours: The Contractor may not store any equipment or tools on any site. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site. E.Ozone Warning Days: 1.No mowing will be done on the designated Ozone Action Days except in the case of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a minimum. However, the Contract Administrator or designee will retain the right to determine and notify the contractor of any such special event, emergency or liability. 2.All push mowers, string line trimmers, riding mowers and other small engines will not be used at all. 3.Diesel powered mowing equipment will be allowed to operate on the second day of back-to-bock Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has contacted the Contract Administrator, or designee, and received permission to proceed with work order. 4.Equipment using reformulated gas will be allowed to operate on the third day of back-to-bock Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has contacted the Contract Administrator, or designee and received permission to proceed with work order. 4. Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of Page 3 of 11 DocuSign Envelope ID: 06AB030D-66FC-4B29-98C4-12E6A88BF5F3 Page 4 of 11 the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 5. Safety Requirements A.Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall bekept open to traffic. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests will be required to protect the mowers and the traveling public and will be furnished by the Contractor. The Contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly but shall be subsidiary to the various bid items of this contract. B.Chemicals: All products (chemicals) shall be kept in a properly labeled container and a Safety Data Sheet (SDS) kept on each item, in a clearly marked SDS notebook by the contractor. The Contractor shall also supply a copy of all SDS sheets to the Contract Administrator. 6. Equipment A.All Contractor's grounds maintenance equipment must be equipped with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property. All equipment shall be kept in good operating condition and shall always be maintained to provide a clean sharp cut of vegetation. All equipment shall be approved by the Contract Administrator. The typical type of equipment required for the ground maintenance operations are commercial riding lawn mowers 60" or larger, blade edger, string line trimmers and blowers. B.Should the Contractor's equipment require service while at any location, the Contractor must notify the Contract Administrator or designee. The Contractor shall not permit any oil grease, or lubricants to spill onto or to contaminate the soil. The Contractor shall be responsible for any clean up and disposal of contaminated soil in accordance with all applicable City, State, and Federal Regulations. 7. Security and Protection of Property A. Security Requirements: 1.The Contractor shall maintain and abide by the security measures at alllocations including locking gates when leaving the sites. 2.The Contractor shall not enter the buildings at any location for any reason without receiving prior approval from the Contract Administrator. DocuSign Envelope ID: 06AB030D-66FC-4B29-98C4-12E6A88BF5F3 Page 5 of 11 8. Notifications and Inspections A. Each Monday morning prior to 7:00 a.m., the Contractor shall email the Contract Administrator or designee indicating the locations and work being performed that week for approval. If the locations listed on the approved schedule were not mowed and the schedule requires modifications the revised schedule shall be submitted to the ContractAdministrator or designee by 5:00 p.m. the day the location was missed. No work shall be done without proper, prior notification. B.A list of completed locations ready for inspection shall be emailed to the Contract Administrator or designee no later than 7:00a.m. on the day to be inspected. When a location is completed, the assigned City Inspector shall inspect the site and advise the Contractor of any discrepancies/rejections. In order to receive credit for mowing rejected locations the Contractor shall take whatever action necessary to correct the discrepancies within one working day. Rejected locations not turned in for inspection within one business day of the rejection will be deemed incomplete for the cycle and the Contract will not be given credit. For the purpose of this contract, workdays shall include Monday-Friday, unless one of the days is a City designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified, and a $25 re-inspection fee will be charged for a third inspection. At that time the Contractor shall have one working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies and a $50 fee will be charged. Failure of the fourth inspection will deem the property un-serviced and will need to be completed in its entirety, within the same cycle and resubmitted for the first inspection. The Contractor shall deduct the inspection fee from the payment to be made to the City of Corpus Christi. C.The Contractor shall submit invoices ONLY after cycles are completed. All areas have a 10% penalty for unsatisfactory or incomplete work a 10% penalty will be applied to the invoice total for incomplete cycles. Incomplete cycle payment will be adjusted to reflect the properties missed based on the average price per acre. The 10% penalty will apply to the adjusted invoice total. D.The City shall have the right to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, and employees at any time during the contract or extension terms. E.Work Crew Supervision: The Contractor shall always provide qualified supervision of each crew while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. DocuSign Envelope ID: 06AB030D-66FC-4B29-98C4-12E6A88BF5F3 Page 6 of 11 F.Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, watering schedules defects or hazards that impact quality of turf and/or landscaping. G.The Contractor shall be responsible for the replacement of any plantingsthat may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify when replacement is to be made. If the Contractor fails to replace the plantings according to instruction of the Contract Administrator, the Contractor agrees that the City may replace and reduce the Contractor payment by the amount of cost of replacement planting. DocuSign Envelope ID: 06AB030D-66FC-4B29-98C4-12E6A88BF5F3 Page 7 of 11 EXHIBIT A ID Area Location Acreage G1-26 Sunnybrook Row Ayers to Kostoryz- North and South Side 2.18 G1-27 Houston Row Kostoryz to Green Grove - North and South Side 0.63 G1-28 Naples Street Norton to Richard - West and East Side 0.34 G1-29 Ayers Street Saratoga to Greenwood- West and East Side 7.79 G1-30 Ayers Street SPID to Holly- West and East Side 4 .53 G1-31 Ayers Street and McArdle Rd Northwest of intersection to the West Side of Ayers 0.16 G1-32 Ayers Street and McArdle Rd Southeast of intersection of the East Side of Ayers 0.11 Total 15.74 DocuSign Envelope ID: 06AB030D-66FC-4B29-98C4-12E6A88BF5F3 Page 8 of 11 G1-26 Sunnybrook ROW G1-27 Houston ROW DocuSign Envelope ID: 06AB030D-66FC-4B29-98C4-12E6A88BF5F3 Page 9 of 11 G1-28 Naples Street G1-29 Ayers Street DocuSign Envelope ID: 06AB030D-66FC-4B29-98C4-12E6A88BF5F3 Page 10 of 11 G1-30 Ayers Street G1-31 Ayers Street and McArdle Road DocuSign Envelope ID: 06AB030D-66FC-4B29-98C4-12E6A88BF5F3 Page 11of 11 G1-32 Ayers Street and McArdle Road DocuSign Envelope ID: 06AB030D-66FC-4B29-98C4-12E6A88BF5F3 $2,203.60 $2,203.60 $2,203.60 ATTACHMENT B: BID AND PRICING SCHEDULE DocuSign Envelope ID: 06AB030D-66FC-4B29-98C4-12E6A88BF5F3 ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS I. CONTRACTOR’S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability Including: 1. Commercial Broad Form 2. Premises – Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1. Owned 2. Hired and Non-Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS’ COMPENSATION EMPLOYER’S LIABILITY Statutory $500,000 /$500,000 /$500,000 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. DocuSign Envelope ID: 06AB030D-66FC-4B29-98C4-12E6A88BF5F3 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in an amount sufficient to assure that all workers’ compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. DocuSign Envelope ID: 06AB030D-66FC-4B29-98C4-12E6A88BF5F3 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 3142, Section 5 Insurance; Bond Subsection 5(B), is hereby void. 2019 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services – Services Performed Onsite 04/26/2019 Risk Management – Legal Dept. DocuSign Envelope ID: 06AB030D-66FC-4B29-98C4-12E6A88BF5F3 Page 1of 1 ATTACHMENT D: WARRANTY REQUIREMENTS No warranty is required therefore, Service Agreement 3142, Section 8, Warranty Requirements subsections 8(A)and (B) are hereby void. DocuSign Envelope ID: 06AB030D-66FC-4B29-98C4-12E6A88BF5F3 GREELY SARATOGA A G N E S BELMEADE NEMEC ROSSITER FIG KOSTORYZ TEXAS SANTA FE OCEAN OCEAN SOKOL HILL CREST AYERS M O H A W K D A R C E Y WOOLDRIDGE BLAKE PRESCOTT DODDRIDGE K O S A R B L O O MIN G T O N GLENMONT M O H A W K CENTER FT WORTH SHELY STAFFORD EDGEBROOK PAINTER ROSALIE ALAMEDA MILLER CLARK SARITA WESLEY CAMWOOD SHERWOOD BREEANN LAKEMEDINA CARVER SUNLIGHT BEVECREST LAWTON CHOCTAW WASHINGTON JUAREZ RIVER CREST BLUE WATER K ILLA RME T KASPER OHARA MEDINAH HORNE COOLBREEZE BREWTON CARROLL CALLE LAS COLONIAS TOMPKINS A S P E N G R O V E STONEGATE GOLD RIDGE SUN VALLEY SHEA KENITH T O R R E O N SPRINGFORK CLEO RAMSEY MASTERSON SILVERRIDGE WICKERSHAM FT WORTH C L O V E R CRESTHAVEN DEVON BRENTWOOD HAWTHORNE BOCA RATON AVALONLAZY ADKINSLAMONT L U M NORTON HAROLD MARIE O S A G E O M A H A STONEHENGE SARATOGA TAOS CASTENON NAPLES F R O N T A G E VIOLA BROUGHTON HORNE BRETT SARITA SUN WOOD W A T E R F A L L WEIR PRINSTON D EL STAR R GREEN TREE TWEET(ALLEY) LANDS FRUITWOOD LAWNVIEW WILLOW PAT RI OT C A S T E N O N MANHATTAN G R E E N P OIN T MT VERNON EVERHART OLD BROWNSVILLE FT WORTH NORMANDY DEL STARR KENTUCKYDERBY SARATOGA PENNINGTON DUNBARTONOAK W E S T P OIN T KEYSTONE HOLMES CARROLL MITCHELL LEWIS KENT LOCKE GOLLIHAR SIERRABLANCA TIGER KAY PHILIPPINE DODD VALOR NORVEL MOODY ROOSEVELT SUDBURY ACU SHNET GREENWOOD SANDERS S H A W SARATOGA MONETTE TANGLEWOOD GERTIE GATEWAY BENTON S H A W N E E ORLANDO DELGADO ROJO HARRIS G R E E N P A R K MIRAMAR BRADSHAW HAMLIN PADRE ISLAND PADREISLAND SOUTHGAT E JOYCE D A Y SEND WHITE BIRD WILLOW BELTON DENVER SARAZEN BETEL FR E SN O PADRE ISLAND PADREISLAND IN G L E W O O D D A VID MARION NIMITZ SANTA FE SARATOGA PECAN CLOYDE ROBB LARCADE MALDEN C O R T EZ PEARSE CYPRESS SURREY KINGS GOLDENEYE SANTA LUCIA ETRING ANGUS LINCOLN ESPLANADE LAKE LIVINGSTON C R E S T E R R A C E CASABONITA WAPENTATE COLUMBIA FLYNN A L L E NC R E S T TARTAN RIDGEVIEW F L A T O S A L O U M E H 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SUMMARY: This motion authorizes the purchase of five ½ ton light duty pickup trucks for use by Gas Operations through the Goodbuy Cooperative. These pickup trucks will be used daily by Gas Operations staff to perform various duties, get to job sites and pull small trailers. Three trucks are additions and two are replacements to the existing Gas fleet. BACKGROUND AND FINDINGS: Gas Operations currently has a requirement to purchase five ½ ton light duty pickup trucks. Three are additions to the fleet, and two are replacements for units that are beyond their service life of 7 years. One unit is 10 years old with 170,189 miles, and the other unit is 12 years old with 168,988 miles. This procurement is through the GoodBuy Cooperative. Contracts awarded through the GoodBuy Cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. The percentage of savings on the Goodbuy Cooperative is 29%, and 30.3% less than MSRP respectively. In view of these savings, it is the recommended method of purchase for the City. Purchase of Five Light Duty Pickup Trucks for Gas Operations AGENDA MEMORANDUM Action for the City Council Meeting of September 22, 2020 ALTERNATIVES: An alternative is to rent this equipment as needed. However, this would result in less construction work and slower response to emergency repairs, therefore creating a loss of service to City customers if equipment is not readily available. In addition, renting would be at an increased cost to the City. FISCAL IMPACT: The fiscal impact for Gas Operations is an amount of $159,650.75 from the Gas Operations Fund. FUNDING DETAIL: Fund: 4130 Gas Fund Organization/Activity: 34130 Gas Construction Mission Element: 022 Gas Distribution System Project # (CIP Only): N/A Account: 550020 Vehicles and Machinery Amount: $128,679.50 Fund: 4130 Gas Fund Organization/Activity: 34120 Gas Pressure and Measurement Mission Element: 022 Gas Distribution System Project # (CIP Only): N/A Account: 550020 Vehicles and Machinery Amount: $30,971.25 RECOMMENDATION: Staff recommends approval of this motion authorizing the purchase of five ½ ton light duty pickup trucks as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet City of Corpus Christi Contracts and Procurement Senior Buyer: Cynthia Perez Vehicles ITEM Description Quantity Unit Cost Total Cost 1 2020 Ford F-150 Extended Cab 3 each 30,971.25$ 92,913.75$ 2 2020 Ford F-150 Extended Cab with trailer brake controller and trailer tow 2 each 33,218.50$ 66,437.00$ 3 GOODBUY Fee 1 each 300.00$ 300.00$ $159,650.75 Silsbee Ford Silsbee Texas Total Price Sheet Five Trucks for Gas Department GoodBuy Contract 20-8F000 Council Presentation September 22, 2020 Ford F150 4x4 Light Duty Trucks 1 Gas Department 2 Ford F-150 Pickup F-150 Crew Cab 4x4 3 Ford F-150 Pickup F-150 Extended Cab 4x4 4 Questions? DATE: September 22, 2020 TO: Peter Zanoni, City Manager FROM: Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a three-year supply agreement with 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. SUMMARY: This motion authorizes a three-year supply agreement with CC Distributors, Inc of Corpus Christi, Texas, to purchase black and galvanized pipe fittings to be stocked by the City Warehouse to distribute supplies on an as needed to basis to internal departments for their operational needs. BACKGROUND AND FINDINGS: This is a supply agreement specifically for black and galvanized pipe fittings for the City Warehouse to distribute mainly for the Gas Operations. Gas Operations uses 85% of the items for the purpose of meter loops put in at residential and commercial businesses. The black and galvanized pipe fittings when put together, make a gas meter function. All the Gas maintenance trucks carry these parts for gas meters to have them available for workers when out in the field. Other departments such as Solid Waste Services may also use those parts from time to time on an as needed basis. A cost saving has occurred due to a rise in quantities needed from the unit price of last FY in comparison to the FY 2020. Due to the departments’ frequent need to purchase these items, a long-term supply agreement will allow the City Warehouse to keep a well-stocked inventory, that is readily available for any department that needs those materials. Black and Galvanized Pipe Fittings for the City Warehouse AGENDA MEMORANDUM Action Item for the City Council Meeting September 22, 2020 The Contracts and Procurement Department conducted a competitive Request For Bid process to obtain a new contract. The City received five bids and is recommending the award to the lowest responsive responsible bidder, CC Distributors, Inc. of Corpus Christi. The current supplier, Core & Main did not submit a bid due to the lag time in delivery, which can lead to an extra expense on their part. ALTERNATIVES: An alternative to accepting this bid would not be beneficial as the items on the bid form are supplies frequently purchased with competitive pricing locked in for three years. FISCAL IMPACT: There will be no fiscal impact for Contracts and Procurement for FY2020. The remaining cost will be budgeted in future years through the annual budget process. Funding Detail: Fund: 5010 Stores Organization/Activity: 40000 Warehouse Stores Mission Element: 185 Centralized Purchasing System Project # (CIP Only): Account: 520210 Cost of Goods Sold RECOMMENDATION: Staff recommends approval of this motion authorizing a three-year supply agreement with CC Distributors, Inc. for black and galvanized pipe fittings for the City Warehouse as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT BUYER: ELIZABETH M. RODRIGUEZ BID TABULATIONRFB 3121 - BLACK AND GALVANIZED PIPE FITTINGS ITEM DESCRIPTION CITY W 3 YR E UNIT PRICE 3 YEAR TOTAL PRIC UNIT PRICE 3 YEAR TOTAL PRICE UNIT PRICE 3 YEAR TOTAL PRICE UNIT PRICE 3 YEAR TOTAL PRIC UNIT PRICE 3 YEAR TOTAL PRICE 1 BUSHING 1/2" X 1/4" GALV 1280 75JMF 3714408049802 2 BUSHING 3/4" X 1/2" GALV 1281 150JMF 3714412089802 3 BUSHING 1" X 1/2" GALVANIZE 1283 75 JMF 3714416089802 4 BUSHING 1" X 3/4" GALVANIZE 1284 450JMF 3714416129802 5 BUSHING 1-1/4" X 3/4" GALVANIZ 1286 75JMF 3714420089802 6 BUSHING 1-1/4" X 1" GALVANIZE 1287 300JMF 3714420129802 7 BUSHING 1.5" X 3/4" GALVANIZE 1288 75 JMF 3714420129802 8 BUSHING 1.5" X 1" GALVANIZE 1289 75JMF 3714424129802 9 BUSHING 1.5" X 1-1/4" GALVANIZE 1290 75JMF 3714424209802 10 BUSHING 2" X 3/4" GALVANIZE 1291 75 JMF 3714432129802 11 BUSHING 2" X 1" GALVANIZE 1292 75JMF 3714432169802 12 BUSHING 2" X 1-1/4" GALVANIZE 1293 75JMF 3714432209802 13 BUSHING 2" X 1.5" GALVANIZE 1294 75JMF 3714432249802 14 BUSHING 2.5" X 1" GALVANIZE 1295 75 JMF 3714436169802 15 BUSHING 2.5" X 2" GALVANIZE 1296 75JMF 3714436329802 16 BUSHING 3" X 2" GALVANIZE 1297 75JMF 3714438329802 17 BUSHING 4" X 2" GALVANIZE 1298 30 JMF 3714442329802 18 PIPE FITTING 1/2" CAP GALV IPT 1300 75 JMF 3714442369802 19 PIPE FITTING 3/4" CAP GALV IPT 1301 75JMF 3715408989802 20 PIPE FITTING 1" CAP GALV IPT 1302 3600JMF 3715416989802 21 PIPE FITNG 1-1/4" CAP GALV IPT 1303 375 JMF 3715420989802 22 PIPE FITTING 1.5" CAP GALV IPT 1304 75JMF 3715424989802 23 PIPE FITTING 2" CAP GALV IPT 1305 75JMF 3715432989802 24 PIPE FITTING 2.5" CAP GALV IPT 1306 75JMF 3715436989802 25 PIPE FITTING 3" CAP GALV IPT 1307 75 JMF 3715438989802 26 PIPE FITTING 4" CAP GALV IPT 1308 75JMF 3715442989802 27 ELL 3/4" 45 DEGREE 1321 75JMF 3729012129802 28 ELL 1" 45 DEGREE GALVANIZE 1322 75 JMF 3729016169802 29 ELL 1-1/4" 45 DEGREE GALVANIZE 1323 75JMF 3729020209802 30 ELL 1.5" 45 DEGREE GALVANIZE 1324 75JMF 3729024249802 324.00$ $ 4.83 362.25$ $ 3.51 263.25$ $ 3.67 275.25$ $ 4.32 $ 3.15 236.25$ 272.25$ $ 4.05 303.75$ $ 2.15 161.25$ $ 2.95 221.25$ $ 3.08 129.75$ $ 1.93 144.75$ $ 1.33 99.75$ $ 1.61 120.75$ $ 1.68 126.00$ $ 1.98 148.50$ $ 2.22 166.50$ $ 1.01 75.75$ $ 1.40 105.00$ $ 1.46 109.50$ $ 1.73 231.00$ $ 3.63 1,505.25$ $ 23.59 1,769.25$ $ 26.98 2,023.50$ $ 15.63 1,172.25$ $ 19.20 1,440.00$ $ 20.07 735.00$ $ 10.96 822.00$ $ 5.40 405.00$ $ 9.67 725.25$ $ 10.11 758.25$ $ 11.88 891.00$ $ 10.96 822.00$ $ 3.40 255.00$ $ 7.98 598.50$ $ 8.34 625.50$ $ 9.80 196.50$ $ 3.08 231.00$ $ 3.45 258.75$ $ 2.72 204.00$ $ 2.50 187.50$ $ 2.62 716.25$ $ 2.13 798.75$ $ 1.60 120.00$ $ 1.98 148.50$ $ 2.08 156.00$ $ 2.43 182.25$ $ 2.73 204.75$ $ 1.27 476.25$ $ 1.55 581.25$ $ 1.62 607.50$ $ 1.91 3,996.00$ $ 1.32 4,752.00$ $ 1.47 5,292.00$ $ 0.95 3,420.00$ $ 1.06 3,816.00$ $ 1.11 62.25$ $ 0.93 69.75$ $ 0.63 47.25$ $ 0.97 72.75$ $ 1.02 76.50$ $ 1.20 90.00$ $ 1.34 100.50$ $ 0.55 41.25$ $ 0.67 50.25$ $ 0.70 52.50$ $ 0.83 390.30$ $ 15.28 458.40$ $ 17.09 512.70$ $ 13.22 396.60$ $ 12.44 373.20$ $ 13.01 408.00$ $ 6.09 456.75$ $ 4.84 363.00$ $ 5.98 448.50$ $ 6.25 468.75$ $ 7.34 550.50$ $ 8.22 616.50$ $ 4.43 332.25$ $ 4.63 347.25$ $ 5.44 $ 3.33 249.75$ 399.75$ $ 4.94 370.50$ $ 7.00 525.00$ $ 3.35 251.25$ $ 5.09 381.75$ $ 5.33 285.00$ $ 4.26 319.50$ $ 2.12 159.00$ $ 2.71 203.25$ $ 2.84 213.00$ $ 3.34 250.50$ $ 3.73 279.75$ $ 3.09 231.75$ $ 3.24 243.00$ $ 3.80 $ 2.37 177.75$ 243.00$ $ 3.80 285.00$ $ 4.26 319.50$ $ 2.51 188.25$ $ 3.09 231.75$ $ 3.24 257.25$ $ 4.02 301.50$ $ 4.50 337.50$ $ 2.20 165.00$ $ 3.28 246.00$ $ 3.43 $ 3.22 241.50$ $ 2.88 216.00$ $ 2.34 175.50$ $ 2.45 183.75$ $ 3.87 290.25$ $ 2.54 190.50$ $ 3.49 261.75$ $ 2.94 220.50$ $ 2.66 199.50$ 199.50$ $ 1.90 142.50$ $ 1.70 127.50$ $ 1.37 102.75$ $ 1.44 108.00$ $ 2.67 200.25$ $ 1.94 582.00$ $ 2.67 801.00$ $ 2.03 152.25$ $ 2.03 609.00$ $ 2.39 179.25$ $ 1.98 891.00$ $ 1.78 801.00$ $ 1.43 643.50$ $ 1.50 675.00$ $ 2.39 717.00$ 108.75$ 423.00$ 115.50$ $ 1.45 $ 1.41 $ 1.54 $ 1.74 130.50$ $ 1.94 145.50$ $ 2.81 210.75$ $ 1.66 124.50$ $ 3.47 260.25$ $ 3.12 234.00$ $ 0.61 91.50$ $ 0.79 59.25$ $ 0.89 400.50$ $ 2.09 156.75$ $ 1.88 141.00$ $ 1.52 114.00$ $ 1.59 119.25$ $ 1.76 264.00$ $ 1.57 235.50$ $ 1.27 190.50$ $ 1.33 EGW Utilities, Inc. CC Distributors Hajoca Corporation FERGUSON ENTERPRISES, LLC GAJESKI,INC $ 0.52 39.00$ PAGE 1 CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT BUYER: ELIZABETH M. RODRIGUEZ BID TABULATIONRFB 3121 - BLACK AND GALVANIZED PIPE FITTINGS ITEM DESCRIPTION CITY W 3 YR E UNIT PRICE 3 YEAR TOTAL PRIC UNIT PRICE 3 YEAR TOTAL PRICE UNIT PRICE 3 YEAR TOTAL PRICE UNIT PRICE 3 YEAR TOTAL PRIC UNIT PRICE 3 YEAR TOTAL PRICE 31 ELL 2" 45 DEGREE GALVANIZE 1325 75JMF 37290323298021326 32 ELL 3" 45 DEGREE GALVANIZE 1326 75JMF 3729038389802 33 ELL 1/2" 90 DEGREE GALVANIZE 1328 75 JMF 3723508089802 34 ELL 3/4" 90 DEGREE GALVANIZED 1329 225JMF 3723512129802 35 ELL 1" 90 DEGREE GALVANIZE 1330 ###JMF 3723516169802 36 ELL 1-1/4" 90 DEGREE GALVANIZE 1331 75JMF 3723520209802 37 ELL 1.5" 90 DEGREE GALVANIZE 1332 75 JMF 3723524249802 38 ELL 2" 90 DEGREE GALVANIZE 1333 75JMF 3723532329802 39 ELL 2.5" 90 DEGREE GALVANIZE 1334 75JMF 3723536369802 40 ELL 3" 90 DEGREE GALVANIZE 1335 75 JMF 3723538389802 41 ELL 4" 90 DEGREE GALVANIZE 1336 75JMF 3723542429802 42 ELL 3/4"X1/2" 90 DG REDUCING 1337 75JMF 3723512089802 43 ELL 1" X 1/2" 90 DG REDUCING 1338 75JMF 3723516089802 44 ELL 1" X 3/4" 90 DG REDUCING 1339 75 JMF 3723516129802 45 ELL 1-1/4"X 3/4" 90DG REDUCING 1340 75JMF 3723520129802 46 ELL 1-1/4" X 1" 90DG REDUCE 1341 150JMF 3723520169802 47 ELL 1.5" X 1" 90 DG REDUCING 1342 75 JMF 3723524169802 48 ELL 1.5" X 1-1/4" 90 DG REDUCE 1343 75JMF 3723524209802 49 ELL 2" X 1" 90 DG REDUCING 1344 75JMF 3723532169802 50 ELL 2" X 1-1/4" 90 DG REDUCE 1345 150JMF 3723532209802 51 ELL 2" X 1.5" 90 DG GALVANIZE 1346 75 JMF 3723532249802 52 ELL 3/4" 45 DEGREE GALVANIZE 1347 75JMF 3729512129802 53 ELL 1" 45 DEGREE GALVANIZE 1348 75JMF 3729516169802 54 ELL 1/4" 90 DEGREE GALVANIZE 1350 75 JMF 3729524249802 55 ELL 1/2" 90 DEGREE GALVANIZE 1351 75 JMF 3725408089802 56 ELL 3/4" 90 DEGREE GALVANIZE 1352 75JMF 3725412129802 57 ELL 1" 90 DEGREE GALVANIZE 1353 75JMF 3725416169802 58 ELL 1-1/4" 90 DEGREE GALVANIZE 1354 75 JMF 3725420209802 59 ELL 1.5" 90 DEGREE GALVANIZED 1355 75JMF 3725424249802 60 ELL 2" 90 DEGREE GALVANIZE 1356 75JMF 3725432329802 CC Distributors Hajoca Corporation FERGUSON ENTERPRISES, LLC GAJESKI,INC EGW Utilities, Inc. 514.50$ $ 8.08 606.00$ $ 6.77 507.75$ $ 4.91 368.25$ $ 6.56 492.00$ $ 6.86 296.25$ $ 4.67 350.25$ $ 4.07 305.25$ $ 2.39 179.25$ $ 3.78 283.50$ $ 3.95 240.75$ $ 3.78 283.50$ $ 3.09 231.75$ $ 2.33 174.75$ $ 3.07 230.25$ $ 3.21 143.25$ $ 2.24 168.00$ $ 2.01 150.75$ $ 1.50 112.50$ $ 1.82 136.50$ $ 1.91 108.75$ $ 1.70 127.50$ $ 0.89 66.75$ 105.00$ $ 1.66 124.50$ $ 1.07 80.25$ $ 0.63 47.25$ $ 1.38 103.50$ $ 1.45 $ 0.94 70.50$ $ 1.38 103.50$ $ 1.40 105.00$ $ 1.31 98.25$ $ 1.35 101.25$ $ 0.74 55.50$ $ 1.34 100.50$ $ 1.40 227.25$ $ 2.97 222.75$ $ 2.22 166.50$ $ 1.90 142.50$ $ 2.90 217.50$ $ 3.03 183.75$ $ 1.48 111.00$ $ 1.94 145.50$ $ 1.39 104.25$ $ 2.35 176.25$ $ 2.45 412.50$ $ 6.47 485.25$ $ 7.22 541.50$ $ 3.83 287.25$ $ 5.25 393.75$ $ 5.50 943.50$ $ 7.39 1,108.50$ $ 8.27 1,240.50$ $ 4.15 622.50$ $ 6.01 901.50$ $ 6.29 471.75$ $ 7.39 554.25$ $ 8.27 620.25$ $ 3.99 299.25$ $ 6.01 450.75$ $ 6.29 339.75$ $ 5.32 399.00$ $ 5.95 446.25$ $ 2.79 209.25$ $ 4.33 324.75$ $ 4.53 339.75$ $ 5.32 399.00$ $ 5.95 446.25$ $ 2.51 188.25$ $ 4.33 324.75$ $ 4.53 $ 3.87 580.50$ $ 3.00 450.00$ $ 2.81 421.50$ $ 2.94 132.00$ $ 2.07 155.25$ $ 2.31 173.25$ $ 1.65 123.75$ $ 1.68 126.00$ $ 1.76 441.00$ $ 3.47 520.50$ $ 1.81 135.75$ $ 1.56 117.00$ $ 1.78 133.50$ $ 1.86 139.50$ $ 2.19 164.25$ $ 2.45 183.75$ $ 1.31 98.25$ $ 1.37 102.75$ $ 1.61 $ 1.01 75.75$ 120.75$ $ 49.11 3,683.25$ $ 22.72 1,704.00$ $ 35.75 2,681.25$ $ 37.37 1,131.75$ $ 16.88 1,266.00$ $ 10.23 767.25$ $ 20.65 1,548.75$ $ 21.59 1,619.25$ $ 25.37 1,902.75$ $ 28.37 2,127.75$ $ 12.28 921.00$ $ 12.85 963.75$ $ 15.09 $ 7.01 525.75$ 2,802.75$ $ 43.91 3,293.25$ $ 6.77 507.75$ $ 3.84 288.00$ $ 4.93 369.75$ $ 5.16 207.00$ $ 3.09 231.75$ $ 2.60 195.00$ $ 2.95 221.25$ $ 3.09 231.75$ $ 3.63 272.25$ $ 4.07 305.25$ $ 2.25 168.75$ $ 2.35 176.25$ $ 2.76 $ 2.01 150.75$ 387.00$ $ 6.06 454.50$ $ 2.01 33,165.00$ $ 1.30 21,450.00$ $ 1.45 23,925.00$ $ 1.52 60.00$ $ 0.89 66.75$ $ 1.04 234.00$ $ 0.77 173.25$ $ 0.80 180.00$ $ 0.97 218.25$ $ 1.07 240.75$ $ 0.65 48.75$ $ 0.67 50.25$ $ 0.80 $ 0.68 51.00$ 25,080.00$ $ 1.79 29,535.00$ $ 35.44 2,658.00$ $ 18.72 1,404.00$ $ 25.80 1,935.00$ $ 26.98 $ 4.57 342.75$ $ 5.24 393.00$ $ 5.48 411.00$ $ 6.43 482.25$ $ 7.20 540.00$ 2,023.50$ $ 31.69 2,376.75$ 180.75$ $ 3.38 253.50$ $ 3.53 264.75$ $ 4.16 312.00$ $ 4.65 348.75$ $ 2.41 PAGE 2 CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT BUYER: ELIZABETH M. RODRIGUEZ BID TABULATIONRFB 3121 - BLACK AND GALVANIZED PIPE FITTINGS ITEM DESCRIPTION CITY W 3 YR E UNIT PRICE 3 YEAR TOTAL PRIC UNIT PRICE 3 YEAR TOTAL PRICE UNIT PRICE 3 YEAR TOTAL PRICE UNIT PRICE 3 YEAR TOTAL PRIC UNIT PRICE 3 YEAR TOTAL PRICE 61 ELL 2.5" 90 DEGREE GALVANIZED 1357 75JMF 3725436369802 62 ELL 4" 90 DEGREE GALV ST PIPE 1358 75JMF 3725442429802 63 PLUG 1/4" GALV PIPE FITTING 1427 3000 JMF 6918720569802 64 PLUG 1/2" GALV PIPE FITTING 1428 150JMF 3739608989802 65 PLUG 3/4" GALV PIPE FITTING, I 1429 75JMF 3739612989802 66 PLUG 1" GALV PIPE FITTING IPT 1430 4500JMF 3739616989802 67 PLUG 1-1/4" GALV.PIPE FITTING 1431 150 JMF 3739620989802 68 PLUG 1.5" GALV. PIPE FITTING I 1432 75JMF 3739624989802 69 PLUG 2" GALV.PIPT FITTING IPT 1433 225JMF 3739632989802 70 PLUG 2.5" GALV. PIPE FITTING I 1434 75 JMF 3739636989802 71 PLUG 3" GALV. PIPE FITTING IPT 1435 75JMF 3739638989802 72 PLUG 4" GALV. PIPE FITTING IP 1436 75JMF 3739642989802 73 REDUCER 1/2" X 1/4"GALV PIPE F 1437 75JMF 3716508049802 74 REDUCER 3/4" X 1/2" GALV 1438 75 JMF 3716512089802 75 REDUCER 1" X 1/2" GALVANIZE 1439 75JMF 3716516089802 76 REDUCER 1" X 3/4" GALVANIZE 1440 150JMF 3716516129802 77 REDUCER 1-1/4" X 1" GALVANIZE 1441 1200 JMF 3716520169802 78 REDUCER 1.5" X 3/4" GALVANIZE 1442 75JMF 3716524129802 79 REDUCER 1.5" X 1" GALVANIZE 1443 75JMF 3716524169802 80 REDUCER 1.5" X 1-1/4" GALVANIZE 1444 75JMF 3716524209802 81 REDUCER 2" X 1" GALVANIZE 1445 75 JMF 3716532169802 82 REDUCER 2" X 1-1/4"GALVANIZE 1446 30JMF 3716532209802 83 REDUCER 2" X 1.5"GALVANIZE 1447 30JMF 3716532249802 84 REDUCER 2.5" X 2" GALVANIZE 1448 15 JMF 3716536329802 85 REDUCER 3" X 2" GALVANIZE 1449 15 JMF 3716538329802 86 REDUCER 4" X 2" GALVANIZE 1450 15JMF 3716542329802 87 REDUCER 4" X 3" GALVANIZE 1451 15JMF 3716542389802 88 TEE 1/2" GALV PIPE FITTING IP 1452 75 JMF 3746008080802 89 TEE 3/4" GALV PIPE FITTING IPT 1453 75JMF 3746012121202 90 TEE 1" GALV PIPE FITTING IPT 1454 150JMF 3746016161602 91 TEE 1-1/4" GALV PIPE FITTING 1455 75JMF 3746020202002 CC Distributors Hajoca Corporation FERGUSON ENTERPRISES, LLC GAJESKI,INC EGW Utilities, Inc. 267.75$ $ 4.18 313.50$ $ 4.68 351.00$ $ 3.35 251.25$ $ 3.40 255.00$ $ 3.57 337.50$ $ 2.64 396.00$ $ 2.97 445.50$ $ 1.95 292.50$ $ 2.16 324.00$ $ 2.25 102.75$ $ 1.63 122.25$ $ 1.81 135.75$ $ 1.12 84.00$ $ 1.32 99.00$ $ 1.37 60.75$ $ 0.97 72.75$ $ 48.51 3,638.25$ $ 0.77 57.75$ $ 0.79 59.25$ $ 0.81 553.50$ $ 43.38 650.70$ $ 48.51 727.65$ $ 14.52 217.80$ $ 35.32 529.80$ $ 36.90 553.50$ $ 43.38 650.70$ $ 48.51 727.65$ $ 20.76 311.40$ $ 35.32 529.80$ $ 36.90 241.95$ $ 18.94 284.10$ $ 21.19 317.85$ $ 7.09 106.35$ $ 15.42 231.30$ $ 16.13 192.60$ $ 15.09 226.35$ $ 16.88 253.20$ $ 4.12 61.80$ $ 12.28 184.20$ $ 12.84 124.50$ $ 4.88 146.40$ $ 5.43 162.90$ $ 3.30 99.00$ $ 3.97 119.10$ $ 4.15 131.40$ $ 5.16 154.80$ $ 5.74 172.20$ $ 3.21 96.30$ $ 4.19 125.70$ $ 4.38 311.25$ $ 4.88 366.00$ $ 5.46 409.50$ $ 3.32 249.00$ $ 3.97 297.75$ $ 4.15 215.25$ $ 3.59 269.25$ $ 3.78 283.50$ $ 2.13 159.75$ $ 2.75 206.25$ $ 2.87 228.00$ $ 3.59 269.25$ $ 4.00 300.00$ $ 2.13 159.75$ $ 2.91 218.25$ $ 3.04 228.00$ $ 3.59 269.25$ $ 4.00 300.00$ $ 2.38 178.50$ $ 2.91 218.25$ $ 3.04 2,832.00$ $ 2.79 3,348.00$ $ 3.11 3,732.00$ $ 1.62 1,944.00$ $ 2.25 2,700.00$ $ 2.36 258.00$ $ 2.02 303.00$ $ 2.27 340.50$ $ 1.09 163.50$ $ 1.65 247.50$ $ 1.72 139.50$ $ 2.19 164.25$ $ 2.44 183.00$ $ 1.22 91.50$ $ 1.77 132.75$ $ 1.86 83.25$ $ 1.32 99.00$ $ 1.47 110.25$ $ 0.78 58.50$ $ 1.06 79.50$ $ 1.11 76.50$ $ 3.09 231.75$ $ 1.34 100.50$ $ 0.63 47.25$ $ 0.98 73.50$ $ 1.02 1,223.25$ $ 19.14 1,435.50$ $ 21.42 1,606.50$ $ 8.23 617.25$ $ 15.59 1,169.25$ $ 16.31 588.75$ $ 9.22 691.50$ $ 10.33 774.75$ $ 4.91 368.25$ $ 7.51 563.25$ $ 7.85 414.75$ $ 6.50 487.50$ $ 7.28 546.00$ $ 1.54 115.50$ $ 5.30 397.50$ $ 5.53 639.00$ $ 3.26 733.50$ $ 3.74 841.50$ $ 1.90 427.50$ $ 2.71 609.75$ $ 2.84 167.25$ $ 2.62 196.50$ $ 2.95 221.25$ $ 1.40 105.00$ $ 2.14 160.50$ $ 2.23 249.00$ $ 1.94 291.00$ $ 2.18 327.00$ $ 1.01 151.50$ $ 1.58 237.00$ $ 1.66 4,860.00$ $ 1.27 5,715.00$ $ 1.42 6,390.00$ $ 0.65 2,925.00$ $ 1.02 4,590.00$ $ 1.08 72.75$ $ 1.16 87.00$ $ 1.30 97.50$ $ 0.50 37.50$ $ 0.94 70.50$ $ 0.97 145.50$ $ 1.16 174.00$ $ 1.29 193.50$ $ 0.43 64.50$ $ 0.94 141.00$ $ 0.97 2,340.00$ $ 0.91 2,730.00$ $ 1.04 3,120.00$ $ 0.44 1,320.00$ $ 0.75 2,250.00$ $ 0.78 3,480.00$ $ 54.80 4,110.00$ $ 49.11 3,683.25$ $ 26.82 2,011.50$ $ 44.37 3,327.75$ $ 46.40 1,395.75$ $ 21.91 1,643.25$ $ 16.88 1,266.00$ $ 9.33 699.75$ $ 17.80 1,335.00$ $ 18.61 PAGE 3 CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT BUYER: ELIZABETH M. RODRIGUEZ BID TABULATIONRFB 3121 - BLACK AND GALVANIZED PIPE FITTINGS ITEM DESCRIPTION CITY W 3 YR E UNIT PRICE 3 YEAR TOTAL PRIC UNIT PRICE 3 YEAR TOTAL PRICE UNIT PRICE 3 YEAR TOTAL PRICE UNIT PRICE 3 YEAR TOTAL PRIC UNIT PRICE 3 YEAR TOTAL PRICE 92 TEE 1.5" GALV PIPE FITTING IPT 1456 75JMF 3746020202002 93 TEE 2" GALV PIPE FITTING IPT 1457 45JMF 3746024242402 94 TEE 2.5" GALV PIPE FITTING IP 1458 15 JMF 3746032323202 95 TEE 3" GALV PIPE FITTING IPT 1459 15JMF 3746036363602 96 TEE 4" GALV PIPE FITTING IPT 1460 15JMF (not listed in City ICII) 97 TEE REDUCER 1" X 1/4" X 1"1463 3600SMCP SMITH COOPER 34RT1010002010C 98 TEE REDUCER 1" X 1" X 1/2"1464 15 JMF 3746016160802 99 UNION 1/2" GALV PIPE FITTING 1467 30(not listed in City ICII) 100 UNION 3/4" GALV PIPE FITTING I 1468 60JMF 3765712129802 101 UNION 1" GALV PIPE FITTING IPT 1469 60 JMF 3765716169802 102 UNION 1-1/4" ,GALV PIPE FIT IP 1470 60JMF 3765720209802 103 UNION 1-1/4" ,GALV PIPE FIT IP 1471 60JMF 3765724249802 104 UNION 2" GALV PIPE FITTING IPT 1472 60JMF 3765732329802 105 UNION 2.5" GALV PIPE FITTING I 1473 15 JMF 3765736369802 106 UNION 3" GALVANIZE PIPE FIT IP 1474 9JMF 3765738389802 107 UNION 4" GALV PIPE FITTING, IP 1475 9JMF 3765742429802 108 COUPLING 1/2" RIGHT HAND 1312 300 JMF 3716508089802 109 COUPLING 3/4" RIGHT HAND 1313 450JMF 3716512129802 110 COUPLING 1" RIGHT HAND 1314 4500JMF 3716516169802 111 COUPLING 1-1/4" RIGHT HAND 1315 300JMF 3716520209802 112 COUPLING 1.5" RIGHT HAND 1316 150 JMF 3716524249802 113 COUPLING 2" RIGHT HAND 1317 300JMF 3716532329802 114 COUPLING 2.5" RIGHT HAND 1318 15JMF 3716536369802 115 COUPLING 3" RIGHT HAND 1319 30 JMF 3716538389802 116 COUPLING 4" RIGHT HAND 1320 6 JMF 3716542429802 117 NIPPLE 1/2" X CLOSE GALV PIPE 1359 75JMF 6918708489802 118 NIPPLE 1/2" X SHORT GALV PIPE 1360 75JMF 6918708329802 119 NIPPLE 1/2" X 2.5" GALV PIPE 1361 75 JMF 6918708369802 120 NIPPLE 1/2" X 3" GALV PIPE 1362 75JMF 6918708389802 121 NIPPLE 1/2" X 4" GALV PIPE 1363 75JMF 6918708389802 122 NIPPLE 1/2" X 6" GALV PIPE 1364 75JMF 6918708479802 CC Distributors Hajoca Corporation FERGUSON ENTERPRISES, LLC GAJESKI,INC EGW Utilities, Inc. 66.00$ $ 1.09 81.75$ $ 1.18 88.50$ $ 0.78 58.50$ $ 0.85 63.75$ $ 0.88 48.00$ $ 0.80 60.00$ $ 0.87 65.25$ $ 0.61 45.75$ $ 0.62 46.50$ $ 0.64 39.00$ $ 0.66 49.50$ $ 0.70 52.50$ $ 0.45 33.75$ $ 0.50 37.50$ $ 0.52 39.00$ $ 0.66 49.50$ $ 0.70 52.50$ $ 0.43 32.25$ $ 0.50 37.50$ $ 0.52 33.00$ $ 0.56 42.00$ $ 0.60 45.00$ $ 0.40 30.00$ $ 0.43 32.25$ $ 0.44 31.50$ $ 0.53 39.75$ $ 0.56 42.00$ $ 0.35 26.25$ $ 0.40 30.00$ $ 0.42 216.00$ $ 42.30 253.80$ $ 47.31 283.86$ $ 14.50 87.00$ $ 34.44 206.64$ $ 36.00 508.50$ $ 19.92 597.60$ $ 22.27 668.10$ $ 7.41 222.30$ $ 16.21 486.30$ $ 16.95 190.20$ $ 14.90 223.50$ $ 16.66 249.90$ $ 5.89 88.35$ $ 12.13 181.95$ $ 12.68 1,245.00$ $ 4.88 1,464.00$ $ 5.46 1,638.00$ $ 2.96 888.00$ $ 3.97 1,191.00$ $ 4.15 426.00$ $ 3.34 501.00$ $ 3.74 561.00$ $ 1.91 286.50$ $ 2.72 408.00$ $ 2.84 750.00$ $ 2.93 879.00$ $ 3.29 987.00$ $ 1.61 483.00$ $ 2.38 714.00$ $ 2.50 8,145.00$ $ 2.13 9,585.00$ $ 2.39 10,755.00$ $ 1.20 5,400.00$ $ 1.73 7,785.00$ $ 1.81 495.00$ $ 1.29 580.50$ $ 1.45 652.50$ $ 0.78 351.00$ $ 1.05 472.50$ $ 1.10 285.00$ $ 1.12 336.00$ $ 12.56 3,768.00$ $ 0.56 168.00$ $ 0.92 276.00$ $ 0.95 819.90$ $ 107.06 963.54$ $ 119.72 1,077.48$ $ 60.79 547.11$ $ 87.17 784.53$ $ 91.10 442.80$ $ 34.69 520.35$ $ 38.80 582.00$ 496.08$ $ 55.12 443.61$ $ 49.29 377.46$ $ 16.24 243.60$ $ 28.25 423.75$ $ 29.52 $ 41.94 361.26$ $ 40.14 297.09$ $ 33.01 636.60$ $ 12.47 748.20$ $ 13.95 837.00$ $ 13.05 783.00$ $ 10.15 609.00$ $ 10.61 476.40$ $ 9.36 561.60$ $ 8.16 489.60$ $ 8.44 506.40$ $ 7.60 456.00$ $ 7.94 372.00$ $ 7.29 437.40$ $ 8.16 489.60$ $ 5.89 353.40$ $ 5.95 357.00$ $ 6.20 274.20$ $ 5.37 322.20$ $ 6.00 360.00$ $ 4.54 272.40$ $ 4.37 262.20$ $ 4.57 220.20$ $ 4.32 259.20$ $ 4.82 289.20$ $ 3.98 238.80$ $ 3.51 210.60$ $ 3.67 92.70$ $ 3.63 108.90$ $ 4.07 122.10$ $ 2.99 89.70$ $ 2.95 88.50$ $ 3.09 40.05$ $ 3.13 46.95$ $ 3.52 52.80$ $ 1.98 29.70$ $ 2.55 38.25$ $ 2.67 11,556.00$ $ 7.24 26,064.00$ $ 4.24 15,264.00$ $ 4.31 15,516.00$ $ 2.75 9,900.00$ $ 3.21 828.90$ $ 64.91 973.65$ $ 72.60 1,089.00$ $ 25.77 386.55$ $ 52.86 792.90$ $ 55.26 350.70$ $ 27.46 411.90$ $ 30.71 460.65$ $ 15.17 227.55$ $ 22.35 335.25$ $ 23.38 299.10$ $ 23.42 351.30$ $ 26.19 392.85$ $ 9.49 142.35$ $ 19.06 285.90$ $ 19.94 333.90$ $ 8.72 392.40$ $ 9.75 438.75$ $ 6.33 284.85$ $ 7.10 319.50$ $ 7.42 $ 3.62 271.50$ $ 4.25 318.75$ $ 4.44 333.00$ $ 5.22 391.50$ $ 5.85 438.75$ PAGE 4 CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT BUYER: ELIZABETH M. RODRIGUEZ BID TABULATIONRFB 3121 - BLACK AND GALVANIZED PIPE FITTINGS ITEM DESCRIPTION CITY W 3 YR E UNIT PRICE 3 YEAR TOTAL PRIC UNIT PRICE 3 YEAR TOTAL PRICE UNIT PRICE 3 YEAR TOTAL PRICE UNIT PRICE 3 YEAR TOTAL PRIC UNIT PRICE 3 YEAR TOTAL PRICE 123 NIPPLE 1/2" X 8" GALV PIPE 1365 75JMF 6918708529802 124 NIPPLE 1/2" X10" GALV PIPE 1366 75JMF 6918708569802 125 NIPPLE 1/2" X 12" GALV PIPE 1367 75 JMF 6918708619802 126 NIPPLE 3/4" X CLOSE GALV PIPE 1368 150JMF 6918712489802 127 NIPPLE 3/4" X 2" GALV PIPE 1369 150JMF 6918712329802 128 NIPPLE 3/4" X 2.5" GALV PIPE 1370 150JMF 6918712369802 129 NIPPLE 3/4" X 4" GALV PIPE 1371 300 JMF 6918712429802 130 NIPPLE 3/4" X 6" GALV PIPE 1372 150JMF 6918712479802 131 NIPPLE 3/4" X 8" GALV PIPE 1373 75JMF 6918712529802 132 NIPPLE 3/4" X 10" GALV PIPE 1374 75 JMF 6918712569802 133 NIPPLE 3/4" X 12" GALV PIPE 1375 75JMF 6918712619802 134 NIPPLE 1" X CLOSE GALV PIPE 1376 1500JMF 6918716489802 135 NIPPLE 1" X 2" GALV PIPE 1377 1500JMF 6918716369802 136 NIPPLE 1" X 2.5" GALV PIPE 1378 450 JMF 6918716389802 137 NIPPLE 1" X 3" GALV PIPE 1379 ###JMF 6918716419802 138 NIPPLE 1" X 4" GALV PIPE FITNG 1380 8400JMF 6918716429802 139 NIPPLE 1" X 5" GALV PIPE FITNG 1381 1500 JMF 6918716459802 140 NIPPLE 1" X 6" GALV PIPE FITNG 1382 900JMF 6918716479802 141 NIPPLE 1" X 8" GALV PIPE FITNG 1383 1050JMF 6918716529802 142 NIPPLE 1" X 10" GALV PIPE FITT 1384 900JMF 6918716569802 143 NIPPLE 1" X12" GALV PIPE FITT 1385 1200 JMF 6918716569802 144 NIPPLE 1-1/4" X CLOSE GALV. P 1386 75JMF 6918716569802 145 NIPPLE 1-1/4" X 2" GALV PIPE 1387 75JMF 6918720329802 146 NIPPLE 1-1/4" X 3"GALV PIPE 1388 75 JMF 6918720389802 147 NIPPLE 1-1/4" X 4" GALV PIPE 1389 75 JMF 6918720429802 148 NIPPLE 1-1/4" X 6" GALV PIPE 1390 75JMF 6918720479802 149 NIPPLE 1-1/4" X 8" GALV PIPE 1391 75JMF 6918720529802 150 NIPPLE 1-1/4" X10" GALV PIPE 1392 75 JMF 6918720569802 151 NIPPLE 1-1/4" X 12" GALV PIPE 1393 75JMF 6918720619802 152 NIPPLE 1.5" X CLOSE GALV PIPE 1394 75JMF 6918724489802 153 NIPPLE 1.5" X 2" GALV PIPE 1395 75JMF 6918724329802 CC Distributors Hajoca Corporation FERGUSON ENTERPRISES, LLC GAJESKI,INC EGW Utilities, Inc. 89.25$ $ 1.48 111.00$ $ 1.60 120.00$ $ 1.11 83.25$ $ 1.14 85.50$ $ 1.19 83.25$ $ 1.37 102.75$ $ 1.49 111.75$ $ 0.87 65.25$ $ 1.06 79.50$ $ 1.11 332.25$ $ 5.49 411.75$ $ 5.95 446.25$ $ 3.62 271.50$ $ 4.25 318.75$ $ 4.43 276.75$ $ 4.58 343.50$ $ 4.95 371.25$ $ 2.37 177.75$ $ 3.53 264.75$ $ 3.69 231.75$ $ 3.81 285.75$ $ 4.14 310.50$ $ 2.32 174.00$ $ 2.95 221.25$ $ 3.09 143.25$ $ 2.37 177.75$ $ 2.56 192.00$ $ 1.85 138.75$ $ 1.82 136.50$ $ 1.91 99.75$ $ 1.64 123.00$ $ 1.78 133.50$ $ 1.29 96.75$ $ 1.26 94.50$ $ 1.33 83.25$ $ 1.39 104.25$ $ 1.49 111.75$ $ 1.01 75.75$ $ 1.06 79.50$ $ 1.11 76.50$ $ 1.28 96.00$ $ 1.38 103.50$ $ 0.80 60.00$ $ 0.98 73.50$ $ 1.02 4,020.00$ $ 4.14 4,968.00$ $ 4.49 5,388.00$ $ 2.76 3,312.00$ $ 3.20 3,840.00$ $ 3.35 2,583.00$ $ 3.56 3,204.00$ $ 3.85 3,465.00$ $ 2.43 2,187.00$ $ 2.75 2,475.00$ $ 2.87 2,635.50$ $ 3.11 3,265.50$ $ 3.37 3,538.50$ $ 2.15 2,257.50$ $ 2.40 2,520.00$ $ 2.51 1,359.00$ $ 1.86 1,674.00$ $ 2.02 1,818.00$ $ 1.41 1,269.00$ $ 1.44 1,296.00$ $ 1.51 9,072.00$ $ 1.34 11,256.00$ $ 1.45 12,180.00$ $ 1.10 9,240.00$ $ 1.03 8,652.00$ $ 1.08 12,816.00$ $ 1.11 15,984.00$ $ 1.21 17,424.00$ $ 1.06 15,264.00$ $ 0.85 12,240.00$ $ 0.89 400.50$ $ 1.11 499.50$ $ 1.20 540.00$ $ 0.77 346.50$ $ 0.85 382.50$ $ 0.89 1,245.00$ $ 1.03 1,545.00$ $ 1.12 1,680.00$ $ 0.71 1,065.00$ $ 0.79 1,185.00$ $ 0.83 1,050.00$ $ 0.87 1,305.00$ $ 0.95 1,425.00$ $ 0.65 975.00$ $ 0.67 1,005.00$ $ 0.70 184.50$ $ 3.06 229.50$ $ 3.31 248.25$ $ 2.09 156.75$ $ 2.36 177.00$ $ 2.46 165.00$ $ 2.73 204.75$ $ 2.96 222.00$ $ 1.66 124.50$ $ 2.10 157.50$ $ 2.20 148.50$ $ 2.46 184.50$ $ 2.67 200.25$ $ 1.55 116.25$ $ 1.90 142.50$ $ 1.98 171.00$ $ 1.41 211.50$ $ 1.53 229.50$ $ 1.05 157.50$ $ 1.10 165.00$ $ 1.14 237.00$ $ 1.00 300.00$ $ 1.07 321.00$ $ 0.71 213.00$ $ 0.76 228.00$ $ 0.79 91.50$ $ 0.78 117.00$ $ 0.83 124.50$ $ 0.43 64.50$ $ 0.59 88.50$ $ 0.61 82.50$ $ 0.69 103.50$ $ 0.75 112.50$ $ 0.49 73.50$ $ 0.53 79.50$ $ 0.55 76.50$ $ 0.66 99.00$ $ 0.69 103.50$ $ 0.41 61.50$ $ 0.50 75.00$ $ 0.51 157.50$ $ 2.61 195.75$ $ 2.82 211.50$ $ 1.71 128.25$ $ 2.01 150.75$ $ 2.10 138.00$ $ 2.30 172.50$ $ 2.48 186.00$ $ 1.50 112.50$ $ 1.76 132.00$ $ 1.84 116.25$ $ 1.93 144.75$ $ 2.08 156.00$ $ 1.28 96.00$ $ 1.48 111.00$ $ 1.55 $ 0.77 57.75$ $ 0.90 67.50$ $ 0.94 70.50$ $ 1.18 88.50$ $ 1.27 95.25$ $ 1.24 1,860.00$ $ 1.26 1,890.00$ $ 1.33 1,995.00$ $ 1.64 2,460.00$ $ 1.78 2,670.00$ PAGE 5 CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT BUYER: ELIZABETH M. RODRIGUEZ BID TABULATIONRFB 3121 - BLACK AND GALVANIZED PIPE FITTINGS ITEM DESCRIPTION CITY W 3 YR E UNIT PRICE 3 YEAR TOTAL PRIC UNIT PRICE 3 YEAR TOTAL PRICE UNIT PRICE 3 YEAR TOTAL PRICE UNIT PRICE 3 YEAR TOTAL PRIC UNIT PRICE 3 YEAR TOTAL PRICE 154 NIPPLE 1.5" X 2.5" GALV PIPE 1396 75JMF 6918724369802 155 NIPPLE 1.5" X 4" GALV PIPE 1397 30 $ 1.45 43.50$ $ 1.60 48.00$ $ 1.68 50.40$ $ 2.08 62.40$ $ 2.25 67.50$ JMF 6918724429802 156 NIPPLE 1.5" X 6" GALV PIPE 1398 30 JMF 6918724479802 157 NIPPLE 1.5" X 8" GALV PIPE 1399 30JMF 6918724529802 158 NIPPLE 1.5" X 10" GALV PIPE 1400 30JMF 6918724569802 159 NIPPLE 1.5" X 12" GALV PIPE 1401 30JMF 6918724619802 160 NIPPLE 2" X CLOSE GALV PIPE 1402 150 JMF 6918732489802 161 NIPPLE 2" X 2.5" GALV PIPE 1403 75JMF 6918732369802 162 NIPPLE 2" X 4" GALV PIPE 1404 75JMF 6918732429802 163 NIPPLE 2" X 6" GALV PIPE 1405 75 JMF 6918732479802 164 NIPPLE 2" X8" GALV PIPE 1406 75JMF 6918732529802 165 NIPPLE 2" X 10" GALV PIPE 1407 75JMF 6918732569802 166 NIPPLE 2" X 12" GALV PIPE 1408 45JMF 6918732619802 167 NIPPLE 2.5" X CLOSE GALV PIPE 1409 15 JMF 6918736489802 168 NIPPLE 2.5" X 4" GALV PIPE 1410 15JMF 6918736429802 169 NIPPLE 2.5" X 6" GALV PIPE 1411 15JMF 6918736479802 170 NIPPLE 2.5" X 8" GALV PIPE 1412 9 JMF 6918736529802 171 NIPPLE 2.5" X 10" GALV PIPE 1413 9JMF 6918736569802 172 NIPPLE 2.5" X 12" GALV PIPE 1414 9JMF 6918736619802 173 NIPPLE 3" X CLOSE GALV PIPE 1415 30JMF 6918738489802 174 NIPPLE 3" X SHORT GALV PIPE 1416 30 JMF 6918738389802 175 NIPPLE 3" X 4" GALV PIPE 1417 15JMF 6918738429802 176 NIPPLE 3" X 6" GALV PIPE 1418 15JMF 6918738479802 177 NIPPLE 3" X 8" GALV PIPE 1419 9 JMF 6918738529802 178 NIPPLE 3" X 10" ,GALV PIPE 1420 9 JMF 6918738569802 179 NIPPLE 3" X 12" GALV PIPE 1421 9JMF 6918738619802 180 NIPPLE 4" X CLOSE GALV PIPE 1422 15JMF 6918742489802 181 NIPPLE 4" X 6" GALV PIPE 1423 15 JMF 6918742479802 182 NIPPLE 4" X 8" GALV PIPE 1424 15JMF 6918742529802 183 NIPPLE 4" X 10" GALV PIPE 1425 9JMF 6918742569802 184 NIPPLE 4" X 12" GALV PIPE 1426 9JMF 6918742619802 CC Distributors Hajoca Corporation 175.59$ $ 24.12 217.08$ $ 26.14 235.26$ $ 19.10 171.90$ $ 18.66 167.94$ $ 19.51 154.17$ $ 21.20 190.80$ $ 22.96 206.64$ $ 12.20 109.80$ $ 16.39 147.51$ $ 17.13 221.85$ $ 18.29 274.35$ $ 19.81 297.15$ $ 12.71 190.65$ $ 14.14 212.10$ $ 14.79 186.00$ $ 15.31 229.65$ $ 16.61 249.15$ $ 8.34 125.10$ $ 11.85 177.75$ $ 12.40 125.40$ $ 10.33 154.95$ $ 11.20 168.00$ $ 4.54 68.10$ $ 8.00 120.00$ $ 8.36 142.74$ $ 19.62 176.58$ $ 21.25 191.25$ $ 16.02 144.18$ $ 15.17 136.53$ $ 15.86 126.99$ $ 17.44 156.96$ $ 18.90 170.10$ $ 10.55 94.95$ $ 13.50 121.50$ $ 14.11 111.24$ $ 15.29 137.61$ $ 16.57 149.13$ $ 6.77 60.93$ $ 11.83 106.47$ $ 12.36 137.70$ $ 11.36 170.40$ $ 12.31 184.65$ $ 5.21 78.15$ $ 8.78 131.70$ $ 9.18 111.60$ $ 9.21 138.15$ $ 9.98 149.70$ $ 3.88 58.20$ $ 7.13 106.95$ $ 7.44 190.50$ $ 7.87 236.10$ $ 8.52 255.60$ $ 3.43 102.90$ $ 6.08 182.40$ $ 6.35 167.40$ $ 6.90 207.00$ $ 7.48 224.40$ $ 2.32 69.60$ $ 5.33 159.90$ $ 5.58 101.52$ $ 13.96 125.64$ $ 15.12 136.08$ $ 8.83 79.47$ $ 10.79 97.11$ $ 11.28 90.81$ $ 12.47 112.23$ $ 13.51 121.59$ $ 8.26 74.34$ $ 9.64 86.76$ $ 10.09 79.65$ $ 10.94 98.46$ $ 11.86 106.74$ $ 5.61 50.49$ $ 8.46 76.14$ $ 8.85 103.05$ $ 8.50 127.50$ $ 9.21 138.15$ $ 4.72 70.80$ $ 6.57 98.55$ $ 6.87 84.15$ $ 6.93 103.95$ $ 7.52 112.80$ $ 2.93 43.95$ $ 5.36 80.40$ $ 5.61 69.90$ $ 5.76 86.40$ $ 6.24 93.60$ $ 2.44 36.60$ $ 4.45 66.75$ $ 4.66 311.85$ $ 8.58 386.10$ $ 9.29 418.05$ $ 5.74 258.30$ $ 6.63 298.35$ $ 6.93 453.00$ $ 7.47 560.25$ $ 8.10 607.50$ $ 4.54 340.50$ $ 5.78 433.50$ $ 6.04 387.75$ $ 6.40 480.00$ $ 6.92 519.00$ $ 3.90 292.50$ $ 4.95 371.25$ $ 5.17 237.00$ $ 3.92 294.00$ $ 4.25 318.75$ $ 2.91 218.25$ $ 3.03 227.25$ $ 3.16 159.75$ $ 2.64 198.00$ $ 2.86 214.50$ $ 2.07 155.25$ $ 2.04 153.00$ $ 2.13 132.00$ $ 2.18 163.50$ $ 2.36 177.00$ $ 1.38 103.50$ $ 1.68 126.00$ $ 1.76 232.50$ $ 1.94 291.00$ $ 2.09 313.50$ $ 1.23 184.50$ $ 1.49 223.50$ $ 1.55 141.60$ $ 5.83 174.90$ $ 6.33 189.90$ $ 4.30 129.00$ $ 4.52 135.60$ $ 4.72 123.60$ $ 5.10 153.00$ $ 5.53 165.90$ $ 2.15 64.50$ $ 3.94 118.20$ $ 4.12 106.20$ $ 4.39 131.70$ $ 4.75 142.50$ $ 3.18 95.40$ $ 3.39 101.70$ $ 3.54 68.40$ $ 2.82 84.60$ $ 3.06 91.80$ $ 2.30 69.00$ $ 2.18 65.40$ $ 2.28 99.75$ $ 1.64 123.00$ $ 1.78 133.50$ $ 1.12 84.00$ $ 1.27 95.25$ $ 1.33 FERGUSON ENTERPRISES, LLC GAJESKI,INC EGW Utilities, Inc. PAGE 6 CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT BUYER: ELIZABETH M. RODRIGUEZ BID TABULATIONRFB 3121 - BLACK AND GALVANIZED PIPE FITTINGS ITEM DESCRIPTION CITY W 3 YR E UNIT PRICE 3 YEAR TOTAL PRIC UNIT PRICE 3 YEAR TOTAL PRICE UNIT PRICE 3 YEAR TOTAL PRICE UNIT PRICE 3 YEAR TOTAL PRIC UNIT PRICE 3 YEAR TOTAL PRICE 185 NIPPLE 1" X 4" BLACK PIPE FIT 1625 75ANVIL ANVI BNGP 186 NIPPLE 1" X 6" ,BLACK PIPE FIT 1626 75ANVIL ANVI IBNGU 187 NIPPLE 1" X 8" ,BLACK PIPE FIT 1627 75 ANVIL ANVI IBNGX 188 NIPPLE 2" X 6" BLACK PIPE FIT 1628 75ANVIL ANVI IBNKU 189 NIPPLE 2" X12" BLACK PIPE FIT 1629 150ANVIL ANVI IBNK12 Shading indicates bid errors CC Distributors Hajoca Corporation FERGUSON ENTERPRISES, LLC GAJESKI,INC EGW Utilities, Inc. $ 4.44 666.00$ $ 5.36 804.00$ $ 5.61 841.50$ $ 6.94 1,041.00$ $ 11.99 184.50$ $ 3.06 229.50$ $ 8.67 650.25$ 1,798.50$ $ 2.34 175.50$ $ 2.36 177.00$ $ 2.46 151.50$ $ 2.51 188.25$ $ 5.48 411.00$ $ 1.93 144.75$ $ 1.93 144.75$ $ 2.02 66.00$ $ 1.09 81.75$ $ 4.56 342.00$ 92.25$ $ 1.54 115.50$ $ 4.88 366.00$ $ 0.89 66.75$ $ 0.85 63.75$ $ 0.88 $ 1.16 87.00$ $ 1.85 138.75$ $ 1.23 194,410.56$ $ 208,154.01 TOTAL COST 128,031.21$ 144,201.09$ 152,260.92$ PAGE 7 Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 9, 2020 SUPPLY AGREEMENT NO. RFB No. 3121 Black and Galvanized Pipe Fittings THIS Black and Galvanized Pipe Fittings Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and CC Distributors, Inc. (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Black and Galvanized Pipe Fittings in response to Request for Bid No. 3121 (“RFB”), which RFB includes the required scope of work and all specifications and which RFB and the Contractor’s bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Black and Galvanized Pipe Fittings in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. “Goods,” “products”, and “supplies”, as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for three years. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods (“Option Period(s)”), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $128,031.21, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: DocuSign Envelope ID: 1B2A9571-7558-41D2-8976-72BA0FD61BAA Supply 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: Robert Presnell Department: Contracts and Procurement Phone: (361) 826-1750 Emai: RobertP@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Contractor until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item’s bid price, must be paid by the Contractor within 30 days of receipt of City’s invoice. DocuSign Envelope ID: 1B2A9571-7558-41D2-8976-72BA0FD61BAA Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 9, 2020 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or in an attachment to this Agreement. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. DocuSign Envelope ID: 1B2A9571-7558-41D2-8976-72BA0FD61BAA Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 9, 2020 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Robert Presnell Stores Supervisor 5352 Ayers Street, BLDG # 6, Corpus Christi, Texas 78401 Phone: (361) 826-1750 Fax: (361) 826-1690 IF TO CONTRACTOR: CC Distributors, Inc. Attn: Kallia Shook Chief Financial Officer 210 Mc Bride Lane, Corpus Christi TX, 78408 Phone: (361) 289-0200 Fax: (361)289-6290 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 DocuSign Envelope ID: 1B2A9571-7558-41D2-8976-72BA0FD61BAA Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form March 9, 2020 AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. 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. DocuSign Envelope ID: 1B2A9571-7558-41D2-8976-72BA0FD61BAA Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form March 9, 2020 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. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) DocuSign Envelope ID: 1B2A9571-7558-41D2-8976-72BA0FD61BAA Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 9, 2020 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI _________________________________________________ Kim Baker Director of Contracts and Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 3121 Exhibit 2: Contractor’s Bid Response DocuSign Envelope ID: 1B2A9571-7558-41D2-8976-72BA0FD61BAA 8/24/2020 CFO Kallia Shook Page 1 ATTACHMENT A- SCOPE OF WORK 1.1 General Requirements/Background Information The City Warehouse needs black and galvanized pipe fitting supplies used for city- wide repairs. Maintaining a stock of these frequently used parts, will assist the City Warehouse availability for immediate or as-needed use. The City Warehouse facility also works as a central receiving storage facility by providing the tools internal departments need for daily operations at the City of Corpus Christi as outlined in the Scope of Work. 1.2 Scope of Work A.The Contractor shall provide the Black and Galvanized Pipe Fitting Supplies for the Warehouse as outlined on the Bid / Pricing Schedule on an as-needed basis. B.All contract prices are F.O.B. destination, inside delivery to the City of Corpus Christi Facility, freight prepaid. C.The Contractor shall unload and deliver products and those related to Black and Galvanized Pipe Fittings as outlined on the Bid/Pricing Schedule on an as-needed basis. D.The Contractor shall ship supplies with an expiration date of no less than one year. E.The contractor must arrange for the RMA, return shipment of damaged products. Any product found defective, unusable, or in an inoperable condition shall make arrangements with the City Warehouse Manager to coordinate the arrangement of a return shipment as well as shipping costs to be reimbursed referencing the invoice as a credit memo. F.Supplies are a generic brand or listed as non-specific unless a preferred brand is specified that is equivalent. G.The Contractor shall provide a quarterly report to the Warehouse Supervisor detailing item number that corresponds to the City, description, number of units purchased and total quarterly cost to be able to monitor the allocated budget not to exceed the total estimated cost, with FOB prepaid not to exceed the awarded total for the estimated costs for three years. DocuSign Envelope ID: 1B2A9571-7558-41D2-8976-72BA0FD61BAA Page 2 ATTACHMENT A- SCOPE OF WORK 1.3 Work Site and Conditions The delivery Point of Contact: Robert Presnell Ship To Location/ Physical Address: 5352 Ayers Street, BLDG.#6 Corpus Christi, Texas 78415 All Black and Galvanized Pipe Fittings and Supplies for the Warehouse will be defect free, properly packaged and shipped to ensure a safe delivery. 1.4 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to ensure it complies with the contract requirements. DocuSign Envelope ID: 1B2A9571-7558-41D2-8976-72BA0FD61BAA DocuSign Envelope ID: 1B2A9571-7558-41D2-8976-72BA0FD61BAA DocuSign Envelope ID: 1B2A9571-7558-41D2-8976-72BA0FD61BAA DocuSign Envelope ID: 1B2A9571-7558-41D2-8976-72BA0FD61BAA DocuSign Envelope ID: 1B2A9571-7558-41D2-8976-72BA0FD61BAA DocuSign Envelope ID: 1B2A9571-7558-41D2-8976-72BA0FD61BAA DocuSign Envelope ID: 1B2A9571-7558-41D2-8976-72BA0FD61BAA DocuSign Envelope ID: 1B2A9571-7558-41D2-8976-72BA0FD61BAA DocuSign Envelope ID: 1B2A9571-7558-41D2-8976-72BA0FD61BAA DocuSign Envelope ID: 1B2A9571-7558-41D2-8976-72BA0FD61BAA DocuSign Envelope ID: 1B2A9571-7558-41D2-8976-72BA0FD61BAA Attachment C: Insurance and Bond Requirements No insurance or bond is required for this service agreement; therefore, Section 5 Insurance; Bonds, subsection (A) and (B) are null and void. Page 1 DocuSign Envelope ID: 1B2A9571-7558-41D2-8976-72BA0FD61BAA Page 1 ATTACHMENT D – WARRANTY REQUIREMENTS The Contractor shall warrant goods with the maximum standard warranty provided. DocuSign Envelope ID: 1B2A9571-7558-41D2-8976-72BA0FD61BAA DATE: September 22, 2020 TO: Peter Zanoni, City Manager FROM: David S. Lehfeldt, Director of Solid Waste Services DavidL3@cctexas.com (361) 826-1966 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: 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. SUMMARY: This motion will authorize a lease-purchase of one motor grader and one wheeled material handling excavator to be used by Solid Waste Services at the landfills to maintain roads and load refuse, respectively. These items are replacements to the fleet. BACKGROUND AND FINDINGS: Solid Waste currently has a requirement for one motor grader that will be used to build and maintain roads at the J.C. Elliot Brush area and the Cefe Valenzuela landfill. This unit will be a replacement unit. The motor grader being replaced is beyond 27 years old with 31,966 hours well beyond the service life of 10 years, or 4,545 Hrs. Depending on manufacturing and production schedules, it typically takes 6 to 9 months to receive this type of equipment from the date of order. Solid Waste also currently has a requirement for one wheeled material handling excavator. This unit will be used to load refuse into the Transfer Trailers at the J.C. Elliot Lease-Purchase of One Motor Grader and One Wheeled Material Handling Excavator AGENDA MEMORANDUM Action Item for the City Council Meeting September 22, 2020 Transfer Station. This wheeled material handling excavator will be replacing a unit that is 8 years old with 9,394 hours that has met its service life of 8 years, or 8,400 Hrs. The procurement is through the BuyBoard Cooperative. Contracts awarded through the BuyBoard Cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. The percentage of savings on the BuyBoard Cooperative is 16% less than list price. In view of these savings through the BuyBoard Cooperative, it is the recommended method of purchase for the City. ALTERNATIVES: An alternative is to continue using the older motor grader and wheeled material handling excavator and struggle to meet mission requirements due to the increasing age, and increased maintenance requirements. FISCAL IMPACT: There will be no fiscal impact for Solid Waste Services FY 2020 for the lease-purchase of one motor grader and one wheeled material handling excavator. The remaining balance will be budgeted in future years through the annual budget process. Financing for the lease-purchase of one motor grader and one wheeled material handling excavator is based on a sixty-month term with an estimated interest rate of 2.00% for an annual estimated payment of $140,471.09. The total estimated cost over the five-year period, including principal of $667,850.54 and interest of $34,504.90 is $702,355.44. Total Lease-Purchase Price: $667,850.54 Total estimated allowable interest for Lease: $ 34,504.90 Grand Total: $702,355.44 FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 12506 Cefe Valenzuela Landfill Operations Mission Element: 031 Waste & Brush Collection Project # (CIP Only): N/A Account: 530190 Lease-Purchase Fund: 1020 General Fund Organization/Activity: 12504 J.C. Elliott Transfer Station Mission Element: 031 Waste & Brush Collection Project # (CIP Only): N/A Account: 530190 Lease-Purchase RECOMMENDATION: Staff recommends approval of this motion authorizing the lease-purchase of one motor grader and one wheeled material handling excavator from Holt Cat as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Item Qty UOM Unit Price Total 1 1 EA 296,559.12 $ 296,559.12 2 1 EA 371,291.42 $ 371,291.42 $ 667,850.54 City of Corpus Christi Price Sheet Lease Purchase of One Motor Grader and One Wheeled Material Handling Excavator BuyBoard 597-19 Contracts and Procurement Senior Buyer: Cindy Ramos GRAND TOTAL Wheeled Material Handling Excavator Motor Grader Equipment Description Holt Cat San Antonio, TX DATE: September 22, 2020 TO: Peter Zanoni, City Manager FROM: Jim Davis, Director of Asset Management JimD@cctexas.com (361) 826-1919 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: 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. SUMMARY: This resolution authorizes a three-year supply agreement with Texas Packer and Loader Sales, Inc./D.B.A Texas Pack and Load to provide Petersen and New Way equipment parts stocked by the Asset Management Department for repairs of rear steer loaders, self-loaders, brush trucks, and garbage trucks performed by the Fleet Maintenance Division. BACKGROUND AND FINDINGS: The Asset Management Department utilizes Petersen and New Way equipment parts for the repair and maintenance of associated equipment. Use of these parts is essential to effect necessary and timely repairs. Asset Management performs the majority of vehicle and equipment repairs in-house. Acquisition of these parts is essential to ensure the execution of a successful and timely maintenance effort of this equipment. Furthermore, a ready supply of these parts will ensure a continued high operational readiness of heavy equipment such as brush trucks. In the past, Asset Management has not had a supply Supply Agreement with Petersen and New Way Equipment Parts for Fleet AGENDA MEMORANDUM Action Item for the City Council Meeting September 22, 2020 agreement. These parts were procured by requisition/purchase order on an as needed basis. This is a sole source purchase as these parts are unique to Petersen and New Way heavy equipment. Texas Packer and Loader Sales, Inc./D.B.A.Texas Pack and Load is the only vendor that sells these parts. The City will save 10-15% over the current pricing under this new agreement. ALTERNATIVES: An alternative would be not to secure a long-term supply agreement. However, the Asset Management Department would have to purchase parts on an as needed basis, which would not be as productive and would be much more time consuming. In addition, a long- term agreement allows for a better economy of scale. FISCAL IMPACT: The fiscal impact for Asset Management in FY 2020 is estimated at $11,170.83 for this three-year supply agreement. The remaining amount of $390,979.17 will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 5110 Fleet Maint Svc Organization/Activity: 40180 Parts Room Operation Mission Element: 202 Maintain the Fleet Project # (CIP Only): N/A Account: 520210 Cost of Goods Sold RECOMMENDATION: Staff recommends approval of this motion authorizing a three-year supply agreement with Texas Packer and Loader Sales, Inc./D.B. A Texas Pack and Load for the purchase of Petersen and New Way equipment parts as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet Supply Agreement Page 1 of 2 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. WHEREAS, the Petersen and New Way equipment parts will be purchased for use by Asset Management personnel; WHEREAS, this item is for Petersen and New Way equipment parts used by Asset Management personnel to repair City vehicles and equipment; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a) (2), as this purchase is necessary to provide to preserve or protect the public health and safety of the municipality’s residents; and WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (A), as this purchase is available from only one source due to special processes or patents. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to execute all documents necessary to secure a three-year supply agreement with Texas Packer and Loader Sales, Inc./D.B.A Texas Pack and Load Truck for the purchase of Petersen and New Way equipment parts, for a total amount not to exceed $402,150.00. PASSED AND APPROVED on the ______ day of _________, 2020: Page 2 of 2 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 Texas Packer and Loader Sales, Inc. San Antonio, Texas Item Equipment Description Total 1 Petersen and New Way Equipment Parts $357,150.00 2 Freight Allowance $45,000.00 $402,150.00 City of Corpus Christi Contracts & Procurement Senior Buyer: Cynthia Perez Total Price Sheet Petersen and New Way Equipment Parts for Fleet Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 9, 2020 SUPPLY AGREEMENT NO. 3220 Petersen and New Way Parts for Fleet THIS Petersen and New Way Parts for Fleet Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Texas Packer and Loader Sales, Inc./D.B.A. Texas Pack and Load (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Petersen and New Way Parts for Fleet in response to Request for Bid No. SS-3220 (“RFB”), which RFB includes the required scope of work and all specifications and which RFB and the Contractor’s bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Petersen and New Way Parts for Fleet in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. “Goods,” “products”, and “supplies”, as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for three years. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods (“Option Period(s)”), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $402,150.00, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form 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: Benjamin Sanchez Department: Fleet Maintenance Phone: (361) 826-1959 Email: BenjaminS@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Contractor until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item’s bid price, must be paid by the Contractor within 30 days of receipt of City’s invoice. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 9, 2020 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or in an attachment to this Agreement. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 9, 2020 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. 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: Benjamin Sanchez Title: Assistant Parts Foreman Address: 5352 Ayers St., Building 3-B, Corpus Christi, Texas 78415 Phone: (361) 826-1959 Fax: (361) 826-8255 IF TO CONTRACTOR: Texas Packer and Loader Sales Inc./D.B.A. Texas Pack and Load Attn: Matthew Olinick Title: Operations Manager Address: 1030 Brussels St. San Antonio, Texas 78219 Phone: (210) 239-2282 Fax: N/A 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form March 9, 2020 WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. 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. Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form March 9, 2020 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. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) ATTACHMENT B-QUOTE/PRICING SCHEDULE CITY OF CORPUS CHRISTI QUOTE FORM 1.Refer to Contract Terms and Conditions before completing quote.2.Quote your best price, including freight, for each item.3.In submitting this quote, Contractor certifies that the prices in this quote have been arrived atindependently, without consultation, communication, or agreement with any other contractor orcompetitor, for the purpose of restricting competition with regard to prices. Invitation to quote, FOB Destination, Freight Included, on the following: Three-Year Estimated DESCRIPTION Estimated Markup Spend Qty Unit Spend (%) + Markup Petersen/New Way Refuse equipment parts $250,000.00 42.86% $357,150.00 3 Year markup Freight Allowance $45,000.00 3 Year GRAND TOTAL COMPANY: TEXAS PACKER AND LOADER SALES INC./ D.B.A. TEXAS PACK+ LOAD NAME OF PERSON AUTHORIZED TO SIGN: MATTHEW OLINICK Total $357,150.00 $45,000.00 $ 402,150.00 ADDRESS: 1030 BRUSSELS ST CITY/ STATE/ZIP SAN ANTONIO, TX 78219 PHONE: OFFICE 210-239-2282 CELL 210-668-9312 EMAIL: molinick@texaspackandload.com FAX: 210-634-2771 DATE: 7/14/20 SIGNATURE: � �TITLE: OPERATIONS MANAGER THE CITY RESERVES THE RIGHT TO REJECT OR CANCEL ANY OR ALL QUOTES. TO WAIVE ANY INFORMALITIES OR IRREGULARITIES IN THE QUOTES RECEIVED AND TO CANCEL OR POSTPONE THIS PROJECT UNTIL A LATER DATE. Page 1 of 3 ATTACHMENT C- INSURANCE REQUIREMENTS I. CONTRACTOR’S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability Including: 1. Commercial Broad Form 2. Premises – Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1. Owned 2. Hired and Non-Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS’ COMPENSATION EMPLOYER’S LIABILITY Statutory $500,000 /$500,000 /$500,000 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS 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. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. Page 3 of 3 F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2019 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services – Services Performed Onsite 04/26/2019 Risk Management – Legal Dept. Page 1 of 1 ATTACHMENT D: WARRANTY REQUIREMENTS A. The Contractor shall provide manufacturer warranty on all parts. B. Within warranty period, the Contractor shall repair or replaced without any cost to the City of Corpus Christi and the Contractor must cover all shipping costs. AGENDA MEMORANDUM Action Item for the City Council Meeting of September 22, 2020 DATE: August 24, 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 Kim Baker, Director of Contracts and Procurement kimb2@cctexas.com (361) 826-3169 CAPTION: Motion awarding a construction contract to CSA Construction, Inc., Houston, Texas, for Greenwood Wastewater Treatment Plant Electrical Improvements to the Ultraviolet Disinfection System in an amount of $5,990,000, located in City Council District 3, with funds available from the FY 2020 Wastewater Capital Improvement Program budget. SUMMARY: This motion approves a construction contract with CSA Construction, Inc., for Greenwood Wastewater Treatment Plant Electrical Improvements to the Ultraviolet (UV) Disinfection System. The project provides for a new UV disinfection system, a new tertiary filter basin, and will address historic flooding issues at the plant to ensure the City is meeting state effluent limits for Enterococci bacteria. BACKGROUND AND FINDINGS: The Greenwood Wastewater Treatment Plant was constructed in 1957 and its current UV disinfection system is over 30 years old. The antiquated system is inadequate to address current Enterococcus Bacterial permit requirements set by the Texas Commission on Environmental Quality (TCEQ). Additionally, the existing UV disinfection system equipment is in the Federal Emergency Management Agency 100-year base flood elevation and could be damaged during severe weather events causing the UV System to lose electrical power. The design includes a Construction Contract Award Greenwood Wastewater Treatment Plant Electrical Improvements to Ultraviolet System parapet wall around the UV equipment, set at elevation of 29-foot NAVD88. this elevation is above the 100-year floodplain based on the 2015 maps; it is also above the elevation of any historic flooding event that occurred at the site. The new tertiary filter equipment with be place on the basin upstream of the proposed UV system, the top of the structure that is at elevation 29-foot, will meet all FEMA requirements. This project will replace the existing electrical service to the UV system and provides upgrades to the UV system equipment, controls, and structure. Proposed improvements include a new cloth disk filtration system, new UV disinfection structure, associated process and yard piping, associated electrical improvements, and access drives. PROJECT TIMELINE: J J A S O N D J F M A M J J A S O N D J F M 2020 Bid/ Award Construction 2021 2022 Project schedule reflects City Council award in September 2020 with anticipated completion in March 2022. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bids. On July 1, 2020, the City received bids from four bidders. The City analyzed the bids in accordance with the contract documents and determined CSA Construction, Inc. is the lowest responsive and responsible bidder. CSA Construction, Inc. has successfully completed numerous City utility projects since 1998 that include the Greenwood WWTP Expansion and is currently working on the Nueces River Raw Water Pump Station Improvements. A summary of the bids is provided below: BID SUMMARY CONTRACTOR BASE BID CSA Construction, Inc. $5,990,000.00 Associated Partners, Ltd. $6,313,500.00 Garney Companies, Inc. $6,576,000.00 J.S. Haren Company $7,177,000.00 Engineer’s Opinion of Probable Construction Cost $5,930,479.00 ALTERNATIVES: The alternative is not to award the construction contract to the low-bidder, CSA Construction, Inc. This would delay improvements to the wastewater treatment plant and create more costly maintenance in the future. Not awarding the construction contract would cause TCEQ permit violations and fees. FISCAL IMPACT: The fiscal impact in FY2020 is an amount of $5,990,000 for the construction of the Greenwood Wastewater Treatment Plant Electrical Improvements to Ultraviolet System project with project funds approved and available from the FY 2020 Wastewater Capital Improvement Program. FUNDING DETAIL: The FY 2020 Capital Improvement Program (CIP) included $5,434,000 for this project (including construction and contingency) and the FY2021 has $6,095,000 (including construction and contingency) identified for this project. The bids for the project came in an amount of $5,990,000. The short fall in the funds from FY 2020 CIP in the amount of $556,000 have been transferred through the Wastewater Capital Reserve to the project. The CIP funds for FY 2021 have been revised to meet the project requirement. Fund: Wastewater Capital Reserve (Fund 4510) Mission Elem: Wastewater Collection System (042) Project: Greenwood WWTP Electrical Improvements to Ultraviolet System (E10180) Account: 550910 Construction Activity: E10180-01-4510-EXP Amount: $5,990,000 RECOMMENDATION: Staff recommends awarding the construction contract for the Greenwood Wastewater Treatment Plant Electrical Improvements to Ultraviolet System project to CSA Construction, Inc., in the amount of $5,990,000. The construction duration is planned for 18 months from issuance of the Notice to Proceed to begin construction in October 2020. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Map Contract 37 37 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Greenwood Wastewater Treatment Plant Electrical Improvements to Ultraviolet System LOCATION MAP NOT TO SCALE PROJECT NUMBER: E10180 PROJECT LOCATION PROJECT LOCATION VICINITY MAP NOT TO SCALE N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Greenwood Wastewater Treatment Plant Electrical Improvements to Ultraviolet System VICINITY MAP NOT TO SCALE PROJECT NUMBER: E10180 SA R A T O G A B L V D . PROJECT LOCATION GR E E N W O O D D R . ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT A1 MOBILIZATION (MAX. 5%)LS 1 200,000.00$ 200,000.00$ 300,000.00$ 300,000.00$ 281,000.00$ 281,000.00$ 300,000.00$ 300,000.00$ A2 BONDS & INSURANCE AL 1 125,000.00$ 125,000.00$ 75,000.00$ 75,000.00$ 75,000.00$ 75,000.00$ 100,000.00$ 100,000.00$ A3 OZONE ACTION DAY DAY 5 1,000.00$ 5,000.00$ 1,500.00$ 7,500.00$ 1,000.00$ 5,000.00$ 100.00$ 500.00$ A4 ALLOWANCE - ASBESTOS SURVEYS OF CHLORINATION AND DECHLORINATION BUILDINGS AL 1 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ A5 ALLOWANCE - BUILDING PERMIT AL 1 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ $ 334,000.00 $ 386,500.00 $ 365,000.00 $ 404,500.00 B1 DEMOLITION - CHLORINATION AND DECHLORINATION BUILDINGS LS 1 50,000.00$ 50,000.00$ 100,000.00$ 100,000.00$ 10,000.00$ 10,000.00$ 190,000.00$ 190,000.00$ B2 SITE, CIVIL, UTILITY, YARD PIPING AND ELECTRICAL MODIFICATIONS LS 1 700,000.00$ 700,000.00$ 3,557,000.00$ 3,557,000.00$ 1,638,000.00$ 1,638,000.00$ 3,745,500.00$ 3,745,500.00$ B3 ALLOWANCE - ABATEMENT OF AL 1 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ B4 ALLOWANCE - UNFORESEEN OR DIFFERING AL 1 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ $ 820,000.00 $ 3,727,000.00 $ 1,718,000.00 $ 4,005,500.00 C1 BASE UV DISINFECTION SYSTEMS (Suez LS 1 2,736,000.00$ $ 2,736,000.00 $ 1,200,000.00 $ 1,200,000.00 $ 2,094.00 $ 2,094,000.00 $ 1,440,000.00 $ 1,440,000.00 $ 2,736,000.00 $ 1,200,000.00 $ 2,094,000.00 $ 1,440,000.00 D1 BASE DISC FILTER SYSTEMS (Five Star LS 1 2,100,000.00$ $ 2,100,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 2,399,000.00 $ 2,399,000.00 $ 1,327,000.00 $ 1,327,000.00 $ 2,100,000.00 $ 1,000,000.00 $ 2,399,000.00 $ 1,327,000.00 $ 5,990,000.00 $ 6,313,500.00 $ 6,576,000.00 $ 7,177,000.00 LOWEST BIDDER: CSA CONSTRUCTION *Bidder submitted electronic on-line bid and a hard copy bid form, as per procurement guidelines hard copy bid submittals will prevail. PART A - GENERAL TOTAL BASE BID - (PARTS A THRU D) SUBTOTAL PART C - BASE UV DISINFECTION PART D - BASE DISC FILTER SYSTEMS SUBTOTAL PART D -BASE DISC FILTER SYSTEMS SUBTOTAL PART B -WASTEWATER IMORVEMENTS PART C WASTEWATER IMPROVEMENTS BASE UV SUBTOTAL PART A - GENERAL PART B - WASTEWATER IMORVEMENTS Houston, Texas 77092 CORPUS CHRISTI, TX JOHNSON CITY, TX CORPUS CHRISTI, TX PROJECT NO. E10180 - RFB #2784 2314 McAlister Rod 7505 UPRIVER RD P.O. BOX 1701 102 AIRPORT RD TABULATION OF BIDS CITY OF CORPUS CHRISTI, TEXAS - CONTRACTS AND PROCUREMENT DEPT. BID DATE: Wed., July 01, 2020 GREENWOOD W.W.T.P ELEECTRICAL IMPROVEMENTS TO U.V. SYSTEM CSA CONSTRUCTION ASSOCIATED PARTNERS, LTD GARNEY COMPANIES, INC.J.S HAREN COMPNAY CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT REQUEST FOR BIDS (“RFB”) GREENWOOD WWTP ELECTRICAL IMPROVEMENTS TO UV SYSTEM PROJECT No. E10180 Contract No. 2784 Project Specifications and Drawingsavailable at: Y:\00 LEGISTAR CONST PLANS SPECS\Item No 20 0279 Greenwood WWTP Electrical Improvements to UV System Table of Contents 00 01 00 - 1/6 Greenwood W.W.T.P. Electrical Improvements to U.V. System – E10180 Rev 11/2018 00 01 00 TABLE OF CONTENTS Division / Section Title Division 00 Procurement and Contracting Requirements 00 01 00 Table of Contents 00 52 23 Agreement (Rev 8-22-2019) 00 72 00 General Conditions (Rev 8-22-2019) 00 73 00 Supplementary Conditions (Rev 8-22-2019) Division 01 General Requirements 01 11 00 Summary of Work (Rev 10-11-2018) 01 23 10 Alternates and Allowances (Rev 10-11-2018) 01 29 01 Measurement and Basis for Payment (Rev 8-22-2019) 01 33 01 Submittal Register (Rev 10-11-2018) 01 35 00 Special Procedures (Rev 10-11-2018) 01 50 00 Temporary Facilities and Controls (Rev 8-22-2019) 01 57 00 Temporary Controls (Rev 8-22-2019) Part S Standard Specifications 02 10 20 Site Clearing and Stripping 02 10 40 Site Grading 02 10 80 Removing Abandoned Structures 02 20 20 Excavation and Backfill for Utilities 02 20 21 Control of Groundwater 02 20 22 Trench Safety for Excavations 02 20 40 Street Excavation 02 21 00 Select Material 02 24 20 Silt Fence 02 52 05 Pavement Repair, Curb, Gutter, Sidewalk, and Driveway Replacement 02 52 10 Lime Stabilization 02 52 23 Crushed Limestone Flexible Base 02 54 04 Asphalts, Oils, and Emulsions 02 54 12 Prime Coat 02 54 24 Hot Mix Asphalt Concrete Pavement 02 56 10 Concrete Curb and Gutter 02 56 12 Concrete Sidewalks and Driveways 02 56 20 Portland Cement Concrete Pavement Table of Contents 00 01 00 - 2/6 Greenwood W.W.T.P. Electrical Improvements to U.V. System – E10180 Rev 11/2018 Division / Section Title 02 62 01 Waterline Riser Assemblies 02 62 02 Hydrostatic Testing of Pressure Systems 02 62 04 PVC Pipe – Pressure Pipe for Wastewater Force Mains, Irrigation Systems, and Water Transmission Lines – ASTM D2241 02 62 06 Ductile Iron Pipe and Fittings 02 62 10 PVC Pipe – AWWA C900/C905 Pressure Pipe for Municipal Water Mains and Wastewater Force Mains 02 62 14 Grouting Abandoned Utility Lines 02 64 02 Waterlines 02 64 04 Water Service Lines 02 64 09 Tapping Sleeves and Tapping Valves 02 64 11 Gate Valves for Waterlines 02 64 16 Fire Hydrants 02 72 00 Control of Wastewater Flows 02 72 02 Manholes 02 72 03 Vacuum Testing of Wastewater Manhole and Structures 02 72 05 Fiberglass Manholes 02 76 02 Gravity Wastewater Lines 02 76 04 Disposal of Waste from Wastewater Cleaning Operations 02 76 06 Wastewater Service Lines 02 76 11 Cleaning and Televised Inspection of Conduits 02 80 40 Sodding 03 00 20 Portland Cement Concrete 03 20 20 Reinforcing Steel 03 80 00 Concrete Structures 05 02 00 Welding 05 54 20 Frames, Grates, Rings, and Covers Table of Contents 00 01 00 - 3/6 Greenwood W.W.T.P. Electrical Improvements to U.V. System – E10180 Rev 11/2018 Division / Section Title Part T Technical Specifications 03 11 00 Concrete Formwork 03 20 00 Concrete Reinforcement 03 25 00 Concrete Joints and Embedded Items 03 31 00 Structural Concrete 03 34 50 Concrete Finishing 03 60 00 Structural Grout 03 60 50 Bonded Concrete Topping and Fill 05 12 00 Structural Steel Framing 05 50 00 Miscellaneous Metals 05 51 00 Metal Stairs 05 52 00 Aluminum Handrail and Railing 06 63 20 Glass Fiber Reinforced Plastic Grating 07 92 00 Joint Sealants 09 96 00 High Performance Coatings 11 28 10 Weirs and Baffles 13 12 10 Pre-Engineered Metal Buildings 15 05 00 Mechanical General Provisions 15 06 00 Equipment Bases and Supports 15 07 10 Wastewater Piping 15 07 50 Mechanical Identification 15 09 40 Supports and Hangers 15 10 50 Pipe and pipe Fittings – General 15 11 00 Valves, Strainers, and Vents - General 15 13 80 Electric Valve Actuators 15 13 90 Wastewater Valves 15 14 00 Domestic Water Piping Systems 15 44 20 Drains, Hydrants, and Cleanouts 26 05 00 Common Work Results for Electrical 26 05 19 Low-Voltage Electrical Power Conductors and Cables 26 05 19.01 Wire Connections and Devices 26 05 26 Grounding and Bonding for Electrical Systems 26 05 29 Hangers and Supports for Electrical Systems Table of Contents 00 01 00 - 4/6 Greenwood W.W.T.P. Electrical Improvements to U.V. System – E10180 Rev 11/2018 Division / Section Title 26 05 33 Raceways and Boxes for Electrical Systems 26 05 43 Underground Ducts and Raceways for Electrical Systems 26 05 53 Identification for Electrical Systems 26 22 00 Low-Voltage Transformers 26 24 16 Panelboards 26 27 26 Wiring Devices 26 28 13 Fuses 26 28 16 Enclosed Switches and Circuit Breakers 26 41 13 Lightning Protection for Structures 26 50 00 Lighting 26 64 19 Motor Control Centers 31 23 10 Structural Excavation, Fill, and Backfill 32 01 26 Sawing 33 05 01.09 Polyvinyl Chloride (PVC) Pressure Pipe and Fittings 33 05 01.13 Sanitary Sewer Pipe (PVC) [Civil] 33 05 15 Precast Concrete Manholes 33 12 16.13 Miscellaneous Valves 33 12 16.37 Inline Check Valves 40 05 50 Fabricated Gates 40 05 53 Identification for Process Piping and Equipment 40 63 00 Control System Operation 40 70 00 Instruments 40 80 00 Commissioning of Process Systems 40 90 00 Vendor Control Panels 40 94 30 SCADA System 40 94 43 Programmable Logic Controllers 41 21 23.26 Monorail Crane 41 22 13.19 Jib Crane 41 22 23.26 Trolley Hoists 46 61 41 Automatic Backwash Disk Filters 46 66 00 UV Disinfection System Table of Contents 00 01 00 - 5/6 Greenwood W.W.T.P. Electrical Improvements to U.V. System – E10180 Rev 11/2018 Division / Section Title 1 Geotechnical Report (Tolunay-Wong Engineers - July 24,2018) END OF SECTION BID TOTALS BASE BID Total GENERAL $334,000.00 WASTEWATER IMPROVEMENTS $820,000.00 BASE UV DISINFECTION SYSTEMS $2,736,000.00 BASE DISC FILTER SYSTEMS $2,100,000.00 Total $5,990,000.00 GENERAL No.Description Unit Qty Unit Price Ext Price A1 MOBILIZATION (MAX. 5%)LS 1 $200,000.00 $200,000.00 A2 BONDS & INSURANCE AL 1 $125,000.00 $125,000.00 A3 OZONE ACTION DAY DAY 5 $1,000.00 $5,000.00 A4 ALLOWANCE - ASBESTOS SURVEYS OF CHLORINATION AND DECHLORINATION BUILDINGS AL 1 $2,000.00 $2,000.00 A5 ALLOWANCE - BUILDING PERMIT AL 1 $2,000.00 $2,000.00 Sub Total:$334,000.00 WASTEWATER IMPROVEMENTS No.Description Unit Qty Unit Price Ext Price B1 DEMOLITION - CHLORINATION AND DECHLORINATION BUILDINGS LS 1 $50,000.00 $50,000.00 B2 SITE, CIVIL, UTILITY, YARD PIPING AND ELECTRICAL MODIFICATIONS LS 1 $700,000.00 $700,000.00 B3 ALLOWANCE - ABATEMENT OF CHLORINATION AND DECHLORINATION BUILDINGS AL 1 $20,000.00 $20,000.00 B4 ALLOWANCE - UNFORESEEN OR DIFFERING CONDITIONS AL 1 $50,000.00 $50,000.00 Sub Total:$820,000.00 BASE UV DISINFECTION SYSTEMS CIVCAST GREENWOOD WWTP ELECTRICAL IMPROVEMENTS TO UV SYSTEM- E10180 Report Created On: 7/2/2020 9:14:12 AM No.Description Unit Qty Unit Price Ext Price C1 BASE UV DISINFECTION SYSTEMS (Suez Treatment Solutions, Inc.) LS 1 $2,736,000.00 $2,736,000.00 Sub Total:$2,736,000.00 BASE DISC FILTER SYSTEMS No.Description Unit Qty Unit Price Ext Price D1 BASE DISC FILTER SYSTEMS (Five Star Filtration) LS 1 $2,100,000.00 $2,100,000.00 Sub Total:$2,100,000.00 CIVCAST GREENWOOD WWTP ELECTRICAL IMPROVEMENTS TO UV SYSTEM- E10180 Report Created On: 7/2/2020 9:14:12 AM DATE: August 24, 2020 TO: Peter Zanoni, City Manager FROM: Miles Risley, City Attorney MilesR@cctexas.com 826-3739 CAPTION: 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. SUMMARY: The current Excess Liability and Workers’ Compensation policy expires 9/30/2020. The 2020-21 renewing premium represents an 18% increase over total premium expenditure of $639,187.92. The proposed excess policy will have the same per occurrence limit, but a lower annual aggregate limit. The new policy will also contain a separate, higher retention limit of $1,000,000 for law enforcement claims/lawsuits. Carlisle Insurance Agency, the City’s Broker of Record, solicited quotes under the current contract and presents this quote for approval. BACKGROUND AND FINDINGS: Market conditions, national high-profile law enforcement liability incidents for law enforcement liability, and COVID and cancer liability issues for workers compensation caused many carriers to withdraw from the market, increase their premiums, increase their deductibles, and reduce their aggregate coverages. The Broker of Record, Carlisle Insurance Agency solicited insurance carriers for excess liability and workers’ compensation renewal quotes. Only three insurance carriers responded with quotes this year. The current carrier, Colony, non-renewed the City’s policy this year effective 9/30/2020. Current/expiring policy limits and deductibles: Type Retention/Deductible Per Occurrence Limit Annual Aggregate Limit Workers’ Compensation $500,000/$650,000 Statutory - General Liability $ 500,000 $5,000,000 $10,000,000 Employee Benefits Liability $ 500,000 $5,000,000 $10,000,000 Law Enforcement Liability $ 500,000 $5,000,000 $10,000,000 Public Officials Liability $ 500,000 $2,000,000 $ 4,000,000 Renewal of FY 2020-21 Excess Liability and Workers’ Compensation Insurance Policy AGENDA MEMORANDUM Action Item for the City Council Meeting September 22, 2020 Proposed policy limits and deductibles: Workers’ Compensation $ 500.000 Statutory - General Liability $ 500,000 $5,000,000 $ 7,000,000 Employee Benefits Liability $ 500,000 $5,000,000 $ 7,000,000 Law Enforcement Liability $1,000,000 $5,000,000 $ 7,000,000 Public Officials Liability $ 500,000 $2,000,000 $ 7,000,000 ALTERNATIVES: If this item is not approved, the alternative is for the City to fully self-insure its liability and workers' compensation claims, settlements, and lawsuits funded through Risk Management. Currently, the City's maximum exposure per claim for liability is $500,000 per occurrence. For workers' compensation it is $500,000/$650,000 (Fire and Police) per injury. The excess policy limits the city's financial liability, whereas being fully self-insured would increase the City’s financial exposure and may have an unexpectedly large impact on reserves as annual actuarial data and reports have not contemplated a fully self-insured program. FINANCIAL IMPACT: Risk Management included this expenditure of $754,787.85 in its FY 2020-21 Liability/Employee Benefits & Workers’ Compensation Funds 5611 & 5612. The Risk Management fund is an internal operating fund based on cost allocation to each department. Approval of this item is an annual reoccurring expenditure to limit the City’s financial exposure under its current self-insurance program. Funding Detail: Fund: 5611 & 5612 (50/50 Fee Split) Organization/Activity: 40510 & 40520 Mission Element: 005 Project # (CIP Only): N/A Account: 537030 RECOMMENDATION: Staff recommends approval of this action item as presented. LIST OF SUPPORTING DOCUMENTS: December 15, 2015 Broker of Record Service Agreement SA-71 December 19, 2017 Broker of Record SA-71 Amended Service Agreement No.1 Page 1 of 2 Resolution authorizing payment of $745,787.85 for the annual renewal of Excess Liability and Workers’ Compensation policy through Broker of Record, Carlisle Insurance Agency, for upcoming policy year October 1, 2020 – September 30, 2021 WHEREAS, the City utilizes its broker of record to obtain excess liability insurance and excess workers’ compensation insurance for protection of the public health or safety of the municipality’s residents; WHEREAS, the current coverages are subject to renewal as of September 30, 2020; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, the City Council finds that this procurement of excess liability and excess workers’ compensation insurance qualifies as an exception to competitive bidding under Local Government Code, Section 252.022(a)(2), as this procurement is necessary to preserve or protect the public health or safety of the municipality's residents; and WHEREAS, the City Council also finds that this procurement is authorized pursuant to Texas Local Government Code Section 252.024, which authorizes a sole broker of record to procure necessary coverages for insurance. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to execute all documents necessary to obtain excess liability and excess workers’ compensation insurance coverages, through City’s Broker of Record Carlisle Insurance Agency, for upcoming policy year October 1, 2020 through September 30, 2021 in exchange for annual premium in the amount not to exceed $745,787.85. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Page 2 of 2 Corpus Christi, Texas _________ day of ___________________, 20____ The above resolution 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 _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor DATE: September 8, 2020 TO: Peter Zanoni, City Manager THROUGH: Heather Hurlbert, Director of Finance and Business Analysis FROM: Brett Oetting, President & CEO of Visit Corpus Christi Boetting@visitcorpuschristitx.org (361) 881-1877 CAPTION: 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. SUMMARY: The purpose of this item is to amend the Management Service Agreement and approve the amended bylaws as approved by the Corpus Christi Area Convention & Visitors Bureau. BACKGROUND AND FINDINGS: July 23, 2020- Visit Corpus Christi Board of Directors completed its annual bylaws review and board nominations. The recommended major changes were voted and passed by the Board of Directors. Change Highlights are as follows: Article III. Board of Directors 1. Increased Directors from 15 to 24 members (17 voting members) o Two additional “by virtue of position held” voting members General Manager of the Corpus Christi Hooks Director of the Corpus Christi International Airport o Seven new “by virtue of position held” non-voting members State Representative from District 32 or his or her designee State Representative from District 34 or his or her designee Director of Regional Transportation Authority President & CEO of Port of Corpus Christi or his or her designee President & CEO of CCREDC General Manager of American Bank Center Athletic Director of Texas A&M CC, or his or her designee Amendment No. 1 to Amended Management Service Agreement with the Corpus Christi Area Convention & Visitors Bureau (CCCVB) and approve the amended bylaws AGENDA MEMORANDUM Action item for the City Council Meeting of September 22, 2020 Article V. Committees 1. Removed the following wording: Minutes of each Executive Committee Meeting and a verbal report of the activities of the Executive Committee shall be presented each month at the meeting of the full Board of Directors. 2. Created Nominations and Bylaws Committees The Nominations Committee will recommend candidates for the Board of Directors for those positions whose terms are expiring at the end of each fiscal year for the following groups: lodging industry, area attractions category, restaurant industry, and at large position. Recommendations will then follow the City standardized process to be presented to City Council. The Bylaw Committee will review the bylaws and City contract to ensure consistency between the two documents. A full list of changes is included in redline form in the attachment. Per the bylaws and the city contract, bylaw changes go into effect 60 days after City Council approval. The addition of two new voting members to the Board of Directors requires an amendment to the agreement. This item approves that amendment, which adds the General Manager of the Corpus Christi Hooks and the Direct of the Corpus Christi International Airport (“CCIA”) as voting members and removes the representative from CCIA that was previously listed as a non- voting member, as well as the changes to the bylaws. ALTERNATIVES: The Council could choose not to approve the amendment to agreement or the amended Bylaws. FISCAL IMPACT: There is no financial impact associated with this item. Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Staff recommends the approval of Amendment No. 1 to the Management Service Agreement and the approval of the amended bylaws. LIST OF SUPPORTING DOCUMENTS: Amendment No.1 to Amended Management Services Agreement VCC Approval Bylaws CORPUS CHRISTI AREA CONVENTION & VISITORS BUREAU BYLAWS ARTICLE I – ORGANIZATION 1. Name. Offices. The name of the corporation is Corpus Christi Area Convention & Visitors Bureau. The corporation is also authorized to do business under the name "Corpus Christi Convention & Visitors Bureau,” or “Visit Corpus Christi." The corporation will be referred to as the “CCCVB” in this document. The CCCVB's offices will be located in the City of Corpus Christi. 2. Mission. The mission of the CCCVB is to positively impact the city’s economy by marketing the city as a travel destination. 3. Fiscal Responsibility. The fiscal year of the CCCVB is from October 1 to September 30. The Board of Directors will make lawful and adequate provisions for sound fiscal policies and practices of the CCCVB, including the approval of an annual budget and ample fidelity bonding of officers and employees entrusted with the handling of funds or property of the CCCVB, in accordance with state laws. 4. Texas State and Federal Law. The CCCVB is a non-profit corporation organized under the Texas Non-Profit Corporation Act. The CCCVB has obtained from the Internal Revenue Service, and will continue to maintain, an exemption from federal income tax under Section 501(c)(6) of the Internal Revenue Code. ARTICLE II – BOARD OF DIRECTORS 1. Composition. The affairs of the CCCVB shall be governed by a Board of Directors, which shall be composed of twenty-four (24) members. Thirteen (13) will be selected directly by the City Council of the City of Corpus Christi. The above 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: Three (3) members from the lodging industry Three (3) members from area attractions Five (5) members from the community at large Two (2) member from the restaurant industry The following persons or entities, or their designees or representatives, shall serve as additional voting members of the Board by virtue of position held: 1 Mayor of the City of Corpus Christi, or his or her designee 1 City Manager of the City of Corpus Christi or his or her designee 1 President & CEO of Whataburger Field 1 Director of Corpus Christi International Airport The following persons or entities, or their designees or representatives, shall serve as additional non-voting members of the Board by virtue of position held: 1 State Representative from district 32 or his or her designee 1 State Representative from district 34 or his or her designee 1 Director of Regional Transportation Authority 1 President & CEO of Port of CC or his or her designee 1 President & CEO of CCREDC 1 General Manager of American Bank Center 1 Athletic Director of TAMU-CC, or his or her designee 1. Director Terms. Appointments to the Board will be staggered, two-year terms beginning on October 1 each year. 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 Board may make recommendations to the City Council for directors in the lodging, restaurant, attractions and at-large categories as director’s terms expire, but the Board always shall nominate one more individual than the number of positions available in each category. The City Council will provide serious consideration to the Board’s recommendations but is not restricted to select members submitted by the Board or any other group. 2. Absences. Unexcused absences from more than twenty-five percent (3 meetings) of regularly scheduled meetings during a term year shall result in an automatic vacancy, which vacancy shall be promptly reported to the City Council. An absence shall be unexcused unless excused by the Board, for good cause, no later than its next meeting after any absence. Any member, otherwise eligible, shall not be precluded from reappointment by reason of such automatic vacancy. 3. Representation. When any Director who was appointed to represent a business or industry segment is no longer employed in that industry segment for a period of 91 consecutive days or more, or if a Director otherwise fails to meet the qualifications prescribed by these Bylaws for serving as a Director, said Director shall forfeit his/her seat on the Board. Board of Director seats are non-transferrable. In the event of a Board of Director vacancy, the vacant seat may not be transferred to another individual from the vacating Board member’s company or organization. 4. Vacancies. In the event that a Director forfeits his/her seat or otherwise resigns or vacates his or her position, the Chairman shall notify the City Secretary so that the City Council may appoint a replacement to the position for the appropriate industry segment. The Chairman (subject to ratification by the Board of Directors) shall then nominate persons to be presented to the City Council as a recommendation of potential candidates to fill the remainder of the unexpired term. The nominations shall always include one more individual than the number of vacant positions available. 5. Meetings. The Board of Directors shall meet regularly at a specified time and date selected by the Board of Directors. A majority of the Directors must be present at a regular or special Board meeting to constitute a quorum for the transaction of all business. 6. Qualifications. Each Director elected to represent the lodging industry, the restaurant industry, or area attractions must be an owner, operator, or officer (or at a management level) in his or her organization at the time of his or her nomination and throughout his or her term as a Director. 7. Voting. All Board action shall be taken only upon formal vote of the Directors at a duly constituted meeting of the Board. A majority vote of the Directors present at a duly constituted meeting at which a quorum is present will constitute an act of the Board. 8. Board Roles and Responsibilities. It is the responsibility of every Director to: a) Commit to the mission, goals and long-range strategic plan of the CCCVB; b) Attend all Board of Directors meetings, including special events and Board retreats; c) Become knowledgeable about the CCCVB and its efforts; d) Prepare for and contribute to Board of Directors meetings by being well- informed on agenda items; e) Recognize that the Board of Directors’ job is to ensure that the organization is well managed, not to manage the organization; f) Objectively and conscientiously consider others’ points-of-view and make constructive suggestions to help the Board of Directors make decisions that benefit those whom the CCCVB serves; g) Be in good financial standing with the CCCVB; h) Serve as a team player and support the decisions of the Board of Directors once they are made; i) Serve as an ambassador for the tourism industry and represent the CCCVB to individuals, the public and other organizations in a positive manner; j) Notify the President/CEO of any media contacts; and k) Take an active role in Board of Directors activities. 9. Board Conflict. Each Board member shall be required to sign a conflict of interest disclosure statement in the form prescribed by the Board. 10. Code of Conduct. Each Director has an obligation to give his/her input into any subject being discussed by the Board. Each Board member’s input should be solicited and considered and should be made to feel his/her contribution is valued. Board members are to remain respectful and professional at all times in expressing their views and opinions and should not allow personal agendas or conflicts to influence any decisions made on behalf of CCCVB. ARTICLE III – OFFICERS 1. Elections. Officers of the Board may be elected by the September meeting for the new fiscal year. Officers will be: Chairman, Vice Chair, Secretary and Treasurer. Each officer shall be a member of the Board prior to the election. Officers shall serve for a term of one year, or until the Board of Directors elects officers for the succeeding fiscal year. 2. Vacancies. In the event of the resignation of an elected officer of the Board, or in the event of forfeiture of the elected officer’s seat as provided in Article III above, or in the event of the death or permanent disability of an elected officer, the Chairman (subject to ratification by the board of Directors) shall appoint a member of the Board to the vacated office to serve the remainder of the unexpired term. 3. Chairman. The Chairman will preside at all meetings of the Board of Directors and the Executive Committee. He or she will have and exercise general charge and supervision of affairs of the CCCVB, subject to the direction of the Board. The Chairman will appoint persons to chair all standing and ad hoc committees established by these Bylaws or the Board of Directors. 4. Vice Chair. At the request of the Chairman, or in the event of the Chairman’s absence or disability, the Vice Chairman will perform the duties and possess and exercise the powers of the Chair. 5. Secretary. The Secretary will ensure that the records of the CCCVB are properly kept. The Secretary will ensure that minutes of all meetings of the Board of Directors and the Executive Committee of the CCCVB are recorded. 6. Treasurer. The Treasurer will ensure that all funds, property and securities of the CCCVB are properly kept, subject to any regulations imposed by the Board of Directors and will review the travel expense accounts of the President. The Treasurer shall ensure that an annual audited financial statement is prepared. The Treasurer shall preside at Board meetings in the absence of the Chair and Vice- Chair. 7. President/CEO. The Board of Directors shall employ a President/CEO, whose duties, performance review and compensation will be outlined in an employment contract between the CCCVB and the President/CEO. The President/CEO shall be the principal executive officer of the CCCVB. The President/CEO shall be administratively responsible to the Executive Committee, and shall serve as an ex- officio non-voting member of the Board of Directors and all committees. ARTICLE IV – COMMITTEES 1. General. The Board of Directors may establish such committees from time to time it deems necessary for the operation of the CCCVB. The Chairman shall appoint the members of each committee. 2. Executive Committee. The Executive Committee shall be comprised of the four officers of the CCCVB and the Mayor and City Manager, or their respective designees. If requested to do so by the Chairman, the immediate past chairman, if still a member of the Board, shall be invited to attend Executive Committee meetings for the purpose of providing continuity in Board leadership, but shall not have any right to vote. The President/CEO shall serve as ex-officio, non-voting member of the Executive Committee. The Executive Committee shall have and exercise the authority of the Board of Directors in the management of the CCCVB between meetings, subject to the exercise of such authority by the full Board of Directors from time to time. The presence in person of three of the Executive Committee members shall constitute a quorum for the transaction of business, and the act of a majority of the Executive Committee members present at any meeting at which there is a quorum shall be the act of the Executive Committee. 3. Nominations Committee. The Chairman shall appoint a Nominations Committee of five (5) Directors for the purpose of nominating candidates for the Board of Directors for those positions whose terms are expiring at the end of each fiscal year. The Vice Chair shall chair the committee. Such Nominations Committee shall report its nomination of candidates to the Board of Directors not more than thirty (30) days after its appointment, whereupon the Board of Directors shall approve a slate of candidates. The slate of candidates will be presented to the City Council of the City of Corpus Christi as the Board’s recommendations for the positions whose terms are expiring. The slate shall always include one more individual in each category than the number of positions available. The nominations shall be submitted to the Board of Directors by no later than August 15 for approval of the slate of candidates at the August Board of Directors meeting. 4. Finance Committee. A Finance Committee shall be comprised of the Treasurer and from two to four members of the Board of Directors appointed by the Chairman purpose of the Finance Committee shall be to oversee the finances of the CCCVB, monitor and make recommendations concerning financial policies and procedures, examine audit reports, review and support the development of the annual budget and handle such other matters as may from time to time be assigned. 5. Bylaws Committee. A Bylaws Committee shall be comprised of the Vice Chair and from two to three members of the Board of Directors appointed by the Chairman The purpose of the Bylaws Committee shall be to oversee the bylaws of the CCCVB. The Bylaws Committee may make recommended changes of the bylaws and present to the board in according to city contract processes. The committee also reviews the city contract to ensure consistency between the two documents. 6. Other Committees. The Board may create additional committees by Resolution adopted from time to time stating the duties and composition of such committees. ARTICLE V – MEETINGS 1. Regular Meetings. The Board shall conduct regular meetings according to a schedule adopted by the Board. 2. Special Meetings. The Chairman or any five (5) Directors may request that the Secretary call a special meeting of the Board. The Secretary shall provide at least seventy-two (72) hours written notice of any such special meeting. At the discretion of the Board, joint meetings with other groups may be arranged for discussion of any subject or other activity which may be of mutual benefit and interest. 3. Telephone or Electronic Meetings. Members of the Board of Directors may participate in a meeting of Directors by means of conference phone or similar communications equipment through which all persons participating in the meeting can hear one another, and participation in a meeting pursuant to this section shall constitute presence in person at such meeting, except where a person participates in the meeting for the express purpose of objecting to the transaction of any business on the grounds that the meeting is not lawfully called or convened. A single board member may attend a regular meeting via telephone conference a maximum of three (3) times per fiscal year, except as permitted by the Chairman. 4. Rules of Procedure. The Board may adopt rules of procedure for participation in its meetings. ARTICLE VI – FINANCIAL PROVISIONS 1. Indemnification. The CCCVB shall indemnify and save harmless each present and former officer and Director against all claims, liabilities, losses and expenses in connection with any cause of action or claim asserted against him/her arising from or connected in any way with his/her service to the CCCVB to the fullest extent authorized by the laws of the state of Texas with regard to non-profit corporations. No further action or authorization of the Board of Directors shall be necessary to affect such indemnification, except to the extent required by law. The CCCVB may, in its sole discretion, purchase and maintain insurance or another arrangement, at its expense, to protect itself and any director, officer, employee or agent of the CCCVB or another corporation, partnership, joint venture, trust or other enterprise against any expense, liability or loss, whether or not the CCCVB would have the power to indemnify such person against such expense, liability or loss under Texas law. 2. Audit. The Board of Directors shall annually select a certified public accountant to supply an independent audit of the CCCVB books, and such audit shall be made available to members of the Board. ARTICLE VII – AMENDMENTS These bylaws may be amended at any regular meeting by a vote of two-thirds of all the Directors, provided that notice of such proposed amendment(s) shall have been sent to each Director at least 72 hours before such meeting. No amendment shall be finally effective unless and until (1) written notice of the amendment has been given to the City not less than 60 days prior to the effective date of the change, and (2) the City has approved the amendment. With Amendments Approved by Board of Directors on June 25, 2020. Respectfully submitted by Secretary _____________________ _______________ Signature Date CORPUS CHRISTI AREA CONVENTION & VISITORS BUREAU BYLAWS ARTICLE I – ORGANIZATION 1. Name. Offices. The name of the corporation is Corpus Christi Area Convention & Visitors Bureau. The corporation is also authorized to do business under the name "Corpus Christi Convention & Visitors Bureau,” or “Visit Corpus Christi." The corporation will be referred to as the “CCCVB” in this document. The CCCVB's offices will be located in the City of Corpus Christi. 2. Mission. The mission of the CCCVB is to positively impact the city’s economy by marketing the city as a travel destination. 3. Fiscal Responsibility. The fiscal year of the CCCVB is from October 1 to September 30. The Board of Directors will make lawful and adequate provisions for sound fiscal policies and practices of the CCCVB, including the approval of an annual budget and ample fidelity bonding of officers and employees entrusted with the handling of funds or property of the CCCVB, in accordance with state laws. 4. Texas State and Federal Law. The CCCVB is a non-profit corporation organized under the Texas Non-Profit Corporation Act. The CCCVB has obtained from the Internal Revenue Service, and will continue to maintain, an exemption from federal income tax under Section 501(c)(6) of the Internal Revenue Code. ARTICLE II – ASSOCIATES Any person, company, organization or other entity in the Corpus Christi Bay Area of South Texas city limits may become an associate of the CCCVB. The Board of Directors may establish various categories for associates, the contribution or investment levels required, and the rights, privileges and requirements connected with such activities. ARTICLE III – BOARD OF DIRECTORS 1. Composition. The affairs of the CCCVB shall be governed by a Board of Directors, which shall be composed of fifteen (15) twenty-four (24) members. Thirteen (13) will be selected directly by the City Council of the City of Corpus Christi. The above 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: Three (3) members from the lodging industry Three (3) members from area attractions Five (5) members from the community at large Two (2) member from the restaurant industry 1 Mayor of the City of Corpus Christi, or his or her designee 1 City Manager of the City of Corpus Christi or his or her designee The above members shall include persons from all areas of the City in order to assure diverse geographic representation on the Board. The following persons or entities, or their designees or representatives, shall serve as additional non-voting members of the Board by virtue of position held: (1) the Port of Corpus Christi Authority; (2) the Regional Transportation Authority; (3) the Corpus Christi International Airport; and (4) such additional advisory, non-voting persons as may be designated by the Board by resolution. 1 Mayor of the City of Corpus Christi, or his or her designee 1 City Manager of the City of Corpus Christi or his or her designee 1 General Manager of the Corpus Hooks; and 1 Director of Corpus Christi International Airport or his or her designee The following persons or entities, or their designees or representatives, shall serve as additional non-voting members of the Board by virtue of position held: 1 State Representative from district 32 or his or her designee 1 State Representative from district 34 or his or her designee 1 Director of Regional Transportation Authority or his or her designee 1 President & CEO of Port of CC or his or her designee 1 President & CEO of CCREDC 1 General Manager of American Bank Center 1 Athletic Director of Texas A&M CC, or his or her designee 2. Director Terms. Appointments to the Board will be staggered, two-year terms beginning on October 1 each year. 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 Board may make recommendations to the City Council for directors in the lodging, restaurant, and attractions and at-large categories as director’s terms expire, but the Board always shall nominate one more individual than the number of positions available in each category. The City Council will provide serious consideration to the Board’s recommendations but is not restricted to select members submitted by the Board or any other group. 3. Absences. Unexcused absences from more than twenty-five percent (3 meetings) of regularly scheduled meetings during a term year shall result in an automatic vacancy, which vacancy shall be promptly reported to the City Council. An absence shall be unexcused unless excused by the Board, for good cause, no later than its next meeting after any absence. Any member, otherwise eligible, shall not be precluded from reappointment by reason of such automatic vacancy. 4. Representation. When any Director who was appointed to represent a business or industry segment is no longer employed in that industry segment for a period of 91 consecutive days or more, or if a Director otherwise fails to meet the qualifications prescribed by these Bylaws for serving as a Director, said Director shall forfeit his/her seat on the Board. Board of Director seats are non-transferrable. In the event of a Board of Director vacancy, the vacant seat may not be transferred to another individual from the vacating Board member’s company or organization. 5. Vacancies. In the event that a Director forfeits his/her seat or otherwise resigns or vacates his or her position, the Chairman shall notify the City Secretary so that the City Council may appoint a replacement to the position for the appropriate industry segment. The Chairman (subject to ratification by the Board of Directors) shall then nominate persons to be presented to the City Council as a recommendation of potential candidates to fill the remainder of the unexpired term. The nominations shall always include one more individual than the number of vacant positions available. 6. Meetings. The Board of Directors shall meet regularly at a specified time and date selected by the Board of Directors. A majority of the Directors must be present at a regular or special Board meeting to constitute a quorum for the transaction of all business. 7. Qualifications. Each Director elected to represent the lodging industry, the restaurant industry, or area attractions must be an owner, operator, or officer (or at a management level) in his or her organization at the time of his or her nomination and throughout his or her term as a Director. 8. Voting. All Board action shall be taken only upon formal vote of the Directors at a duly constituted meeting of the Board. A majority vote of the Directors present at a duly constituted meeting at which a quorum is present will constitute an act of the Board. 9. Board Roles and Responsibilities. It is the responsibility of every Director to: a) Commit to the mission, goals and long-range strategic plan of the CCCVB; b) Attend all Board of Directors meetings, including special events and Board retreats; c) Become knowledgeable about the CCCVB and its efforts; d) Prepare for and contribute to Board of Directors meetings by being well- informed on agenda items; e) Recognize that the Board of Directors’ job is to ensure that the organization is well managed, not to manage the organization; f) Objectively and conscientiously consider others’ points-of-view and make constructive suggestions to help the Board of Directors make decisions that benefit those whom the CCCVB serves; g) Be in good financial standing with the CCCVB; h) Serve as a team player and support the decisions of the Board of Directors once they are made; i) Serve as an ambassador for the tourism industry and represent the CCCVB to individuals, the public and other organizations in a positive manner; j) Notify the President/CEO of any media contacts; and k) Take an active role in Board of Directors activities. 10. Board Conflict. Each Board member shall be required to sign a conflict of interest disclosure statement in the form prescribed by the Board. 11. Code of Conduct. Each Director has an obligation to give his/her input into any subject being discussed by the Board. Each Board member’s input should be solicited and considered, and should be made to feel his/her contribution is valued. Board members are to remain respectful and professional at all times in expressing their views and opinions and should not allow personal agendas or conflicts to influence any decisions made on behalf of CCCVB. ARTICLE IV – OFFICERS 1. Elections. Officers of the Board may be elected at by the September meeting for the new fiscal year. Officers will be: Chairman, Vice Chair, Secretary and Treasurer. Each officer shall be a member of the Board prior to the election. Officers shall serve for a term of one year, or until the Board of Directors elects officers for the succeeding fiscal year. 2. Vacancies. In the event of the resignation of an elected officer of the Board, or in the event of forfeiture of the elected officer’s seat as provided in Article III above, or in the event of the death or permanent disability of an elected officer, the Chairman (subject to ratification by the board of Directors) shall appoint a member of the Board to the vacated office to serve the remainder of the unexpired term. 3. Chairman. The Chairman will preside at all meetings of the Board of Directors and the Executive Committee. He or she will have and exercise general charge and supervision of affairs of the CCCVB, subject to the direction of the Board. The Chairman will appoint persons to chair all standing and ad hoc committees established by these Bylaws or the Board of Directors. 4. Vice Chair. At the request of the Chairman, or in the event of the Chairman’s absence or disability, the Vice Chairman will perform the duties and possess and exercise the powers of the Chair. 5. Secretary. The Secretary will ensure that the records of the CCCVB are properly kept. The Secretary will ensure that minutes of all meetings of the Board of Directors and the Executive Committee of the CCCVB are recorded. 6. Treasurer. The Treasurer will ensure that all funds, property and securities of the CCCVB are properly kept, subject to any regulations imposed by the Board of Directors and will review the travel expense accounts of the President. The Treasurer shall ensure that an annual audited financial statement is prepared. The Treasurer shall preside at Board meetings in the absence of the Chair and Vice- Chair. 7. President/CEO. The Board of Directors shall employ a President/CEO, whose duties, performance review and compensation will be outlined in an employment contract between the CCCVB and the President/CEO. The President/CEO shall be the principal executive officer of the CCCVB. The President/CEO shall be administratively responsible to the Executive Committee, and shall serve as an ex- officio non-voting member of the Board of Directors and all committees. ARTICLE V – COMMITTEES 1. General. The Board of Directors may establish such committees from time to time as it deems necessary for the operation of the CCCVB. The Chairman shall appoint the members of each committee, subject to confirmation by the Board. 2. Executive Committee. The Executive Committee shall be comprised of the four officers of the CCCVB and the Mayor and City Manager, or their respective designees. If requested to do so by the Chairman, the immediate past chairman, if still a member of the Board, shall be invited to attend Executive Committee meetings for the purpose of providing continuity in Board leadership, but shall not have any right to vote. The President/CEO shall serve as an ex-officio, non-voting member of the Executive Committee. The Executive Committee shall have and exercise the authority of the Board of Directors in the management of the CCCVB between meetings, subject to the exercise of such authority by the full Board of Directors from time to time. The presence in person of three of the Executive Committee members shall constitute a quorum for the transaction of business, and the act of a majority of the Executive Committee members present at any meeting at which there is a quorum shall be the act of the Executive Committee. Minutes of each Executive Committee Meeting and a verbal report of the activities of the Executive Committee shall be presented each month at the meeting of the full Board of Directors. 3. Nominations Committee. The Chairman shall appoint a Nominations Committee of five (5) Directors for the purpose of nominating candidates for the Board of Directors for those positions whose terms are expiring at the end of each fiscal year. The Vice Chair shall chair the committee. Such Nominations Committee shall report its nomination of candidates to the Board of Directors not more than thirty (30) days after its appointment, whereupon the Board of Directors shall approve a slate of candidates. The slate of candidates will be presented to the City Council of the City of Corpus Christi as the Board’s recommendations for the positions whose terms are expiring. The slate shall always include one more individual in each category than the number of positions available. The nominations shall be submitted sufficiently in advance of October 1 for selection so that the new Directors can assume office on October 1. The nominations shall be submitted to the Board of Directors by no later than August 15 for approval of the slate of candidates at the August Board of Directors meeting. 4. Finance Committee. A Finance Committee shall be comprised of the Treasurer and from two to four members of the Board of Directors appointed by the Chairman and confirmed by the Board. The purpose of the Finance Committee shall be to oversee the finances of the CCCVB, monitor and make recommendations concerning financial policies and procedures, examine audit reports, review and support the development of the annual budget and handle such other matters as may from time to time be assigned. 5. Bylaws Committee. A Bylaws Committee shall be comprised of the Vice Chair and from two to three members of the Board of Directors appointed by the Chairman and confirmed by the Board. The purpose of the Bylaws Committee shall be to oversee the bylaws of the CCCVB. The Bylaws Committee may make recommended changes of the bylaws and present to the board in according to city contract processes. The committee also reviews the city contract to ensure consistency between the two documents. 6. Other Committees. The Board may create additional committees by Resolution adopted from time to time stating the duties and composition of such committees. ARTICLE VI – MEETINGS 1. Regular Meetings. The Board shall conduct regular meetings according to a schedule adopted by the Board. Officers of the board may be elected at the July meeting for the new fiscal year. 2. Special Meetings. The Chairman or any five (5) Directors may request that the Secretary call a special meeting of the Board. The Secretary shall provide at least seventy-two (72) hours written notice of any such special meeting. At the discretion of the Board, joint meetings with other groups may be arranged for discussion of any subject or other activity which may be of mutual benefit and interest. 3. Telephone or Electronic Meetings. Members of the Board of Directors may participate in a meeting of Directors by means of conference phone or similar communications equipment through which all persons participating in the meeting can hear one another, and participation in a meeting pursuant to this section shall constitute presence in person at such meeting, except where a person participates in the meeting for the express purpose of objecting to the transaction of any business on the grounds that the meeting is not lawfully called or convened. A single board member may attend a regular meeting via telephone conference a maximum of three (3) times per fiscal year, except as permitted by the Chairman. 4. Rules of Procedure. The Board may adopt rules of procedure for participation in its meetings. ARTICLE VII – FINANCIAL PROVISIONS 1. Indemnification. The CCCVB shall indemnify and save harmless each present and former officer and Director against all claims, liabilities, losses and expenses in connection with any cause of action or claim asserted against him/her arising from or connected in any way with his/her service to the CCCVB to the fullest extent authorized by the laws of the state of Texas with regard to non-profit corporations. No further action or authorization of the Board of Directors shall be necessary to effect such indemnification, except to the extent required by law. The CCCVB may, in its sole discretion, purchase and maintain insurance or another arrangement, at its expense, to protect itself and any director, officer, employee or agent of the CCCVB or another corporation, partnership, joint venture, trust or other enterprise against any expense, liability or loss, whether or not the CCCVB would have the power to indemnify such person against such expense, liability or loss under Texas law. 2. Audit. The Board of Directors shall annually select a certified public accountant to supply an independent audit of the CCCVB books, and such audit shall be made available to members of the Board. ARTICLE VIII – AMENDMENTS These bylaws may be amended at any regular meeting by a vote of two-thirds of all the Directors, provided that notice of such proposed amendment(s) shall have been sent to each Director at least 72 hours before such meeting. No amendment shall be finally effective unless and until (1) written notice of the amendment has been given to the City not less than 60 days prior to the effective date of the change, and (2) the City has approved the amendment. With Amendments Approved by Board of Directors on September 19, 2019. June 19, 2020. DATE: September 10, 2020 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, Director of Finance HeatherH3@cctexas.com (361) 826-3227 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: 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 with FY 2021 funding requested through the Hotel Occupancy Fund. SUMMARY: This motion authorizes a five-year service agreement for local hotel occupancy tax, reporting, collection, and auditing services. BACKGROUND AND FINDINGS: The City of Corpus Christi entered into an agreement with MuniServices in July 2005 to review the City’s lodging tax ordinance, tax return form and administrative procedures and to perform lodging discovery services and hotelier audit services. Since that time, the lodging hotel space has changed significantly with the advent of online and short-term travel sites and the popularity of new services such as AirBNB, HomeAway/VRBO and Flipkey. City staff conducted a competitive process to find qualified firms to provide local hotel occupancy tax, reporting, collection, and auditing services in light of the changing environment. The Contracts and Procurement Department conducted a competitive Request for Proposals process to obtain proposals from qualified firms to provide local hotel Local Hotel Occupancy Tax Reporting, Collection, and Auditing Services AGENDA MEMORANDUM Action Item for the City Council Meeting September 22, 2020 occupancy tax, reporting, collection, and auditing services. The City received four proposals and evaluated them against the published criteria. The City considered two firms as finalists, interviews were conducted, and pricing was evaluated. The final scores were tabulated for each firm to determine the highest-ranking firm offering the best value to the City. Staff is recommending award to MUNIRevs, Inc., dba LODGINGRevs, as the highest-ranking firm. The incumbent MuniServices did submit a proposal but was not chosen as one of the finalists. MUNIRevs, Inc., dba LODGINGRevs will set up and maintain an online portal to receive monthly tax returns and payments totaling over $12.0M annually and will charge the City a low flat fee for each return processed and each audit performed. In addition to collections, they will work to identify non-compliant providers and bring them into compliance, increasing the City’s hotel tax revenues. They will offer robust online reporting and mapping tools that will be made available to various user groups with access based on the users’ needs. ALTERNATIVES: The City may choose to administer hotel tax revenue filings, collections, and audits in- house. In-house administration would require at least two additional positions with expert knowledge in hotel tax administration and audits in order to be able to accommodate the quantity and complexity of work. In addition, the City would also need to configure and maintain an online payment portal for hoteliers to file their monthly tax returns and remit their taxes online. FINANCIAL IMPACT: There will be no fiscal impact in FY 2020. The funding would come from Hotel Occupancy Tax Fund Revenues beginning in FY 2021. Hotel/Motel Tax Administration is an allowable use for Hotel Occupancy Tax Fund Revenues. The contract is a “not to exceed” amount and the total annual expense is based on the number of returns filed monthly along with the number of audits the City requests. Funding Detail: Fund: 1030 Hotel Occupancy Tax Organization/Activity: 11305 Administration Mission Element: 734 Tourism Project # (CIP Only): n/a Account: 530000 Professional Services RECOMMENDATION: Staff recommends approval of this motion authorizing a five-year service agreement with MUNIRevs, Inc., dba LODGINGRevs, as presented. LIST OF SUPPORTING DOCUMENTS: Evaluation Matrix Service Agreement RFP 3099 - Local Hotel Occupancy Tax Reporting, Collection, & Auditing Services Sr. Buyer: Minerva Alvarado Proposal Evaluation Pts.LodgingRevs Azavar & Localgov HdL Companies Avenu Insights & Analytics Minimum Requirements Pass/Fail Required five years in business No outstanding lawsuits during last 5 years or current litigation with the City during last 5 years No outstanding regulatory issues last 5 years References Provided for firm Technical Proposal Technical Proposal (50 points)46.7 43.7 39.7 34.0 Firms' Experience (17 points) Demonstrated capability/capacity on comparable projects for a State or Local agency Past Performance and Reference Checks General Overview of Services Understanding of Project Scope (18 points) Demonstrated understanding of scope of services Demonstrated understanding and experience with similar service with a public agency Capacity and Capability of Agency's Resources (15 points) Specify the agency's organization and how the organization anticipates to identify in detail the best methodology to meet the specifications and to include the hours dedicated to perform reporting and auditing services as noted within this RFP Resumes of Core staff assigned to this RFP should reflect demonstated references and history of performance in the position they will hold for your firm Interview (30 points)28.7 29.00 Firms' Experience (10 points) Team Identifiction (10 points) Understanding of Project Scope (10 points) Price (20 points)20 17.4 Total 95.4 90.1 PassPassPassPass Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 9, 2020 SERVICE AGREEMENT NO. 3099 Local Hotel Occupancy Tax Reporting, Collection, and Auditing Services THIS Local Hotel Occupancy Tax Reporting, Collection, and Auditing Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and MUNIRevs, Inc., dba LODGINGRevs (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Local Hotel Occupancy Tax Reporting, Collection, and Auditing Services in response to Request for Bid/Proposal No. 3099 (“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 Local Hotel Occupancy Tax Reporting, Collection, and Auditing Services (“Services”) in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for five years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods (“Option Period(s)”), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City’sextension authorization must be executed by the City Manager or designee. 3.Compensation and Payment. This Agreement is for an amount not to exceed $843,294.00, 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. DocuSign Envelope ID: 0A606321-8CE8-4A44-A5EC-096B7BA779B8 Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 9, 2020 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: Rose Bond Finance Department 361-826-3687 RoseB2@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 beforeperformance 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 DocuSign Envelope ID: 0A606321-8CE8-4A44-A5EC-096B7BA779B8 Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 9, 2020 purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7.Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, must be paid by the Contractor within 30 days of receipt of City’s invoice. 8. Warranty. (A)The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B)In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C)Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s productrequirements 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. DocuSign Envelope ID: 0A606321-8CE8-4A44-A5EC-096B7BA779B8 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 9, 2020 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. The City may, at the City’s sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Rose Bond Accounts Manager 1201 Leopard Street, Corpus Christi, TX 78401 Phone: 361-826-3687 Fax: 361-826-3647 IF TO CONTRACTOR: MUNIRevs, Inc., dba LODGINGRevs Attn: Tyler Fischer DocuSign Envelope ID: 0A606321-8CE8-4A44-A5EC-096B7BA779B8 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form March 9, 2020 Strategic Partnership Advisor 1040 Main Ave., Durango, CO 81301 Phone: 970-769-4121 Fax: n/a 17.CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES ANDAGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY,LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OFWHATEVER 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 CONNECTIONWITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THISAGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENTACT, 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 SETTLEMENTOR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITHCOUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALLCHARGES 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 SURVIVETHE 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. DocuSign Envelope ID: 0A606321-8CE8-4A44-A5EC-096B7BA779B8 Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form March 9, 2020 19.Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20.Limitation of Liability. The City’s maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23.Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A.this Agreement (excluding attachments and exhibits); B.its attachments; C.the bid solicitation document including any addenda (Exhibit 1); then, D.the Contractor’s bid response (Exhibit 2). 24.Certificate of Interested Parties. Contractor agrees to comply with TexasGovernment 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 DocuSign Envelope ID: 0A606321-8CE8-4A44-A5EC-096B7BA779B8 Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 9, 2020 expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27.Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. CONTRACTOR 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. 3099 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: 0A606321-8CE8-4A44-A5EC-096B7BA779B8 8/26/2020 Anna Vaughn Director of Sales & Marketing Attachment A: Scope of Work 1.1 General Requirements The Contractor shall perform, review, and audit services with regard to the City’s Local Hotel Occupancy Tax (HOT) revenue. Currently, the City has approximately 400 hotel/motel establishments operating within the City. 1.2 Scope of Work A.The Contractor shall review and recommend improvements to the City’s Ordinance requiring the collection and payment of HOT at least annually; recommend improvements for lodging provider compliance, revenuegeneration, and administration annually or more frequently as needed. B.The Contractor shall provide an online platform established and maintained for the lodging establishments to file monthly reporting, collection of taxes from lodging establishments and remittance of lodging taxes to the City via ACH with itemization detail when collected, at least weekly. C.The Contractor shall provide monthly and quarterly comprehensive reporting to the City on all aspects of local hotel occupancy taxation and audit events as they are completed. Comprehensive reporting includes review and recommendation reporting, audit findings, reporting by lodging provider, monthly and quarterly comparison reports and reconciliation reports to the State Comptroller, annual trend and revenue analysis reporting, reporting of other relevant information with regard to ordinance compliance and related matters, and other services as deemed necessary. D.The Contractor shall provide details relaying City based reports, information about the taxpayer based portal, and other areas related to administration. The Contractor shall provide a schedule of notifications, billing, delinquency billing, mailing of notices and collection procedures for delinquent HOT taxes. Cost for the infrastructure, software, and portal will be the responsibility of the Contractor. E.The Contractor shall Identify monthly and report to the City all establishments within the corporate city limits that are required to remit HOT taxes to the City. This report must include number of rooms, occupancy rate, property condition and any other relevant data. F.The Contractor shall analyze compliance review services to include obtaining return information, conducting unobtrusive collection of Page 1 of 3 DocuSign Envelope ID: 0A606321-8CE8-4A44-A5EC-096B7BA779B8 information on each property including the number of rooms, occupancy rate, physical condition and business dynamics. G.The Contractor shall continually perform discovery services, designed to identify and locate lodging providers not properly registered or requiring additional investigation or examination to determine compliance with the City’s lodging tax ordinance. H.The Contractor shall educate all non-complying establishments about the City ordinance requirements and their responsibilities and obligations. I.The Contractor shall annually recommend entities for audit, then perform field audit services as directed by City Staff. The Contractor shall provide the City with detailed information about resources for draft engagement, announcement letters and other correspondence necessary between the City and the lodging provider throughout the audit, perform on-site examination of records, verify occupancy data and submit all relevant financial information necessary to complete the audit, coordinating with the City as necessary to review findings and recommendations. J.The Contractor shall audit the establishment’s internal controls relating to the preparation of the monthly HOT tax returns in order to determine the accuracy and efficiency of their procedures used for calculation and reporting of HOT taxes due to the City. K.The Contractor shall test amounts calculated and paid in the last four years to records maintained by the Texas Comptroller’s Office and records of the establishments within the corporate city limits to determine that payments were based on verifiable revenues and were correctlycalculated and remitted. The Contractor shall report findings to the City. L.The Contractor shall issue a final audit report to the City enumerating the audit procedures performed and results of those procedures. The report shall include a finding section that will identify any exceptions, errors, internal control weaknesses, taxes due, or noncompliance that was noted as a result of the procedures performed The report shall include reportingby lodging provider, annual trend and revenue analysis reporting, and reporting of other relevant information with regard to ordinance compliance and related matters. M.The Contractor shall provide a copy of any and all working papers to the City of Corpus Christi – Office of Finance and Business Analysis upon request. Any requests from outside parties will be routed through the City of Corpus Christi – Office of Finance and Business Analysis and working Page 2 of 3 DocuSign Envelope ID: 0A606321-8CE8-4A44-A5EC-096B7BA779B8 papers may not be disclosed unless so approved by the City of Corpus Christi – Office of Finance and Business Analysis. In addition, the Contractor shall be in compliance with current auditing standards, respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance. Page 3 of 3 DocuSign Envelope ID: 0A606321-8CE8-4A44-A5EC-096B7BA779B8 Co Oil � 185� DATE:July 20th 2020 LODGINGRevs CITY OF CORPUS CHRISTI Pricing Form CONTRACTS AND PROCUREMENT DEPARTMENT RFP No. 3099 Local Hotel Occupancy Tax Reporting, Collection, and Auditing Services PAGET OF2�---- PROPOSER --;:u TH� TUR E � 1.Refer to "Instructions to Proposers" and Contract Terms and Conditions before completingproposal. 2. Provide your best price for each item. 3. In submitting this proposal, Proposer certifies that: 2 3 4 5 6 7 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. d.Pricing includes all expenses including but not limited to portal set up, administration, and maintenance, dedicated account manager, dedicated customer service representative, monitoring and supporting transaction processing payments, tax filing report, tax remittance settlement report. payment history & delinquency report, ACH/EFT/ECHECK fees, and weekly ACH payment to the City. EA EA $88,600.00 EA EA 9 Year 4 Maximum Char e, if applicable 1 O Tax Administration Filin s -Year 5 11 Year 5 Maximum Char e, if applicable EA *Tax Administration Filings and Cost per Filing are based on our identification of about 1,500 properties Attachment B: Bid/Pricing Schedule DocuSign Envelope ID: 0A606321-8CE8-4A44-A5EC-096B7BA779B8 7,437.00 $74,368.00 13 Hotel Audit -Year 2 10 $7,437.00 $74,368.00 14 Hotel Audit -Year 3 10 $7,437.00 $74,368.00 15 Hotel Audit -Year 4 EA 10 7,437.00 $74,368.00 16 Hotel Audit -Year 5 EA 10 7,437.00 $74,368.00 but not limited to salaries, travel and profit in price. DocuSign Envelope ID: 0A606321-8CE8-4A44-A5EC-096B7BA779B8 Attachment C: Insurance and Bond Requirements A.CONTRACTOR’S LIABILITY INSURANCE 1.Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. 2.Contractor must furnish to the City’s Risk Manager and Director Human Resources, 2 copies 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 mustbe 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 byapplicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. CRIME/EMPLOYEE DISHONESTY Contractor shall name the City of Corpus Christi, Texas as Loss Payee $1,000,000 Per Occurrence 3.In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B.ADDITIONAL REQUIREMENTS 1.Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in an amount sufficient Page 1 of 3 DocuSign Envelope ID: 0A606321-8CE8-4A44-A5EC-096B7BA779B8 to assure that all workers’ compensation obligations incurred by the Contractor will be promptly met. 2.Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3.Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that with respect to the above required insurance, all insurancepolicies 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. 5.Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. Page 2 of 3 DocuSign Envelope ID: 0A606321-8CE8-4A44-A5EC-096B7BA779B8 6.In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7.Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this agreement. 8.It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 9.It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2020 Insurance Requirements Ins. Req. Exhibit - Finance Professional Liability – Crime 05/13/2020 Risk Management – Legal Dept. Bond is not required for this service agreement; therefore, Section 5, Insurance;Bonds, subsection 5 (B) is null and void. Page 3 of 3 DocuSign Envelope ID: 0A606321-8CE8-4A44-A5EC-096B7BA779B8 Attachment D: Warranty Requirements Warranty is not required for this service agreement; therefore, Section 8, Warranty, subsection 8 (A) and 8 (B) is null and void. Page 1 of 1 DocuSign Envelope ID: 0A606321-8CE8-4A44-A5EC-096B7BA779B8 DATE: August 5, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director, Development Services alraymond@cctexas.ciom (361)826-3575 CAPTION: 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. SUMMARY: On August 11, 2020, City Council approved an ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a grant of $7,234,755 in Community Development Block Grant Disaster Recovery (“CDBG-DR”) funding from the General Land Office to construct the Airport Tributary Detention Pond project and appropriated an additional $7,600,000 as City matching funds from the Stormwater Capital Improvements Program. This resolution assures the City’s compliance with federal regulations required to receive CDBG- DR funds and identifies the associated City policies. BACKGROUND AND FINDINGS: Subrecipients are required to comply with the Civil Rights requirements of Title I of the Housing and Community Development Act and other cross-cutting federal regulations and executive orders. Subrecipients must assure all CDBG-DR funded activities are conducted in a manner that ensures equal opportunities and access to all persons in accordance with civil rights, equal opportunity, and affirmative action laws, regulations, and requirements. Written policies must be in place to promote fair and equal access to housing and employment opportunities. A designated Civil Rights Officer will ensure compliance and facilitate any grievances during the grant period. Resolution confirming Civil Rights protections with acceptance of the Community Development Block Grant Disaster Recovery (CDBG-DR) grant AGENDA MEMORANDUM Action Item for the City Council meeting of September 22, 2020 ALTERNATIVES: If not approved, the grant funds will not be released to the City. FINANCIAL IMPACT: The resolution is required to receive CDBG-DR funds. Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): Account: N/A RECOMMENDATION: Staff recommends approval of the resolution. LIST OF SUPPORTING DOCUMENTS: Resolution PowerPoint Page 1 of 4 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. WHEREAS, the City of Corpus Christi, Texas, (hereinafter referred to as "City of Corpus Christi") has been awarded a Community Development Block Grant - Disaster Recovery (COBG·DR) grant from the Texas General Land Office (hereinafter referred to as "GLO"); WHEREAS, the City of Corpus Christi, in accordance with Section 109 of the Title I of the Housing and Community Development Act. (24 CFR 6); the Age Discrimination Act of 1975 (42 U.S.C. 6101·6107); and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and for construction contracts greater than $10,000, must take actions to ensure that no person or group is denied benefits such as employment, training, housing, and contracts generated by the CDBG-DR activity, on the basis of race, color, religion, sex, national origin, age, or disability; WHEREAS, the City of Corpus Christi, in consideration for the receipt and acceptance of federal funding for the Contract, agrees to comply with all federal rules and regulations including those rules and regulations governing citizen participation and civil rights protections. WHEREAS, the City of Corpus Christi, in accordance with Section 3 of the Housing and Urban Development Act of 1968, as amended, and 24 CFR Part 135 is required, to the greatest extent feasible, to provide training and employment opportunities to lower income residents and contract opportunities to businesses in the CDBG-DR project area; WHEREAS, the City of Corpus Christi, in accordance with Section 104(1) of the Housing and Community Development Act, as amended, and State's certification requirements at 24 CFR 91.325(b)(6), must adopt an excessive force policy that prohibits the use of excessive force against non-violent civil rights demonstrations; WHEREAS, the City of Corpus Christi, in accordance with Executive Order 13166, must take reasonable steps to ensure meaningful access to services in federally assisted programs and activities by persons with limited English proficiency (LEP) and must have an LEP plan in place specific to the locality and beneficiaries for each CDBG-DR project; Page 2 of 4 WHEREAS, the City of Corpus Christi, in accordance with Section 504 of the Rehabilitation Act of 1973, does not discriminate on the basis of disability and agrees to ensure that qualified individuals with disabilities have access to programs and activities that receive federal funds; and WHEREAS, the City of Corpus Christi, in accordance with Section 808(e)(5) of the Fair Housing Act (42 USC 3608(e)(5)) that requires HUD programs and activities be administered in a manner affirmatively to further the policies of the Fair Housing Act, agrees to conduct at least one activity during the contract period, to affirmatively further fair housing; WHEREAS, the City of Corpus Christi, has designated an overseer and will maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award, and administration of contracts. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City of Corpus Christi has enacted the codes and policies referenced in Table I that address compliance federal rules and regulations including Civil Rights protections with acceptance of the Community Development Block Grant Disaster Recovery (CDBG-DR) grant. Table 1 Corresponding Corpus Christi Codes and Policies Federal Statute/ Executive Order Description City Policy Reference Title VI of the Civil Rights Act of 1964 Prohibits exclusion from participation, denied program benefits, or discrimination, based on race, color, national origin, religion, sex, age, familial status, disability (mental and/or physical). Code of Corpus Christi, Chapter 24 – Human Relations Title VIII of the Civil Rights Acts of 1968, as amended (Fair Housing Act) Prohibits discrimination in housing, based on race, color religion, sex, national origin, age, familial status, disability (mental and/or physical). Code of Corpus Christi, Chapter 24 - Human Relations Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended Requires subrecipient to certify that it will, among other things, affirmatively further fair housing. Housing Plan, City’s Housing and Community Development Department; Implemented Task 1 for AFFH approved by GLO Section 3 of the Housing and Urban Development Act of 1968, as amended To the greatest extent feasible, employment, training, and other economic opportunities, should be given preference in to low and very low-income persons; and business concerns which provide economic; opportunities to low and very low-income persons Section 3 Policy, City’s Housing and Community Development Department Section 504 of the Rehabilitation Act of 1973, as amended and Section 508 Prohibits exclusion, solely, by reason of his/her handicap, from participation (including employment); prohibits person from being denied program benefits or subject to discrimination by reason of his/her handicap. Code of Corpus Christi, Chapter 24 – Human Relations; Standard Operating Procedures Section 109 of the Housing and Urban Development Act of 1974, as amended Under any program or activity funded in whole or in part under Title I or Title II of the act, prohibits exclusion from participation (including employment) or program benefits based on race, color, national origin or sex, and also requires HUD to administer its programs in a manner that affirmatively promotes Code of Corpus Christi, Chapter 24 - Human Relations Page 3 of 4 fair housing. The Age Discrimination Act of 1975, as amended No person shall be excluded from participation, denied program benefits, or subjected to discrimination based on age. Code of Corpus Christi, Chapter 24 – Human Relations Executive Order 11063 Prohibits discrimination based on race, color, religion, sex, or national origin, be discriminated against in Housing (and related facilities) provided with federal assistance. Code of Corus Christi, Chapter 24 – Human Relations Executive Order 11246, as amended Prohibits discrimination based on race, color, religion, sex, sexual orientation, gender identity, or national origin in any phase of employment during the performance of federal or federally assisted construction contracts in the excess of $10,000. Code of Corpus Christi, Chapter 24 – Human Relations City Policies, Grievances, HR 9.0; HR 27, Discrimination and Retaliation City’s Procurement Policy, Department of Contracts and Procurement Executive Order 13166 Improves access to services for persons with Limited English Proficiency. City’s Limited English Proficiency Policy, City’s Housing and Community Development Department Equal Access to HUD- assisted or Insured Housing § 5.105 (a)(2) (i- ii) Requires equal access to housing in HUD programs, regardless of sexual orientation, gender identity, or marital status Code of Corpus Christi, Chapter 24 – Human Relations Americans with Disabilities Act (ADA) Prohibits discrimination and guarantees that people with disabilities have the same opportunities as everyone else Code of Corpus Christi, Chapter 24 – Human Relations Architectural Barriers Act of 1968 Requires that buildings and facilities designed, constructed, altered, or leased with certain federal funds after September 1969 must be accessible to and usable by persons with disabilities. Code of Corpus Christi, Chapter 24 – Human Relations; Standard Operating Procedures, City’s Human Resources Department; Title II Comprehensive Evaluation and Transition Plan adopted by Resolution 025198 Housing and Community Development Act, as amended, and States certification requirements at 24 CFR 91.325(b)(6) Requires an excessive force policy that prohibits the use of excessive force against non-violent civil rights demonstrations. City’s Police Department Policy Code of Conduct Written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award, and administration of contracts City’s Procurement Policy, Department of Contracts and Procurement Housing and Community Development Act, Sec 104 (a)(2) and 24 CFR 570.486 Requires an outreach plan and grievance procedures City’s CDBG Citizen Participation Plan This resolution takes effect upon City Council approval on this the _____ day of ___________________, 2020. ATTEST: THE CITY OF CORPUS CHRISTI _____________________________ _____________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 4 of 4 City of Corpus Christi, Texas _________ of ___________________, _______ The above resolution was PASSED AND APPROVED by the following vote: Joe McComb ________________ Roland Barrera ________________ Rudy Garza ________________ Paulette M. Guajardo ________________ Gil Hernandez ________________ Michael Hunter ________________ Ben Molina ________________ Everett Roy ________________ Greg Smith ________________ Civil Rights Resolution for Community Development Block Grant for Disaster Recovery City Council September 22, 2020 Civil Rights Resolution 2 CDBG-DR •August 11, 2020 – City Council approved a Community Development Block Grant for Disaster Recovery (“CDBG- DR”) administered by the General Land Office. •Grant will provide $7,234,755 for the construction of a 1,146 ac-ft detention pond. •City will provide matching funds in the amount of $7,600,000. •Detention pond to be located near the confluence of La Volla Creek and Airport Tributary Number 1. 3 Civil Rights Resolution • Grant recipients are required to comply with the Civil Rights requirements of Title I of the Housing and Community Development Act and other cross-cutting federal regulations and executive orders. • All CDBG-DR funded activities are to be conducted in a manner that ensures equal opportunities and access to all persons in accordance with civil rights, equal opportunity, and affirmative action laws, regulations, and requirements. 4 Approval Recommendation DATE: September 17, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond III, Director, Development Services AlRaymond@cctexas.com (361) 826 – 3276 CAPTION: 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 Project, and a Memorandum of Understanding with Nueces County to provide for management of the grant and City maintenance of the project. SUMMARY: This is a 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 Project, and a Memorandum of Understanding with Nueces County to provide for management of the grant and maintenance of the project. BACKGROUND AND FINDINGS: Nueces County has extended the invitation to the City of Corpus Christi to join its application for the North Beach Canal project for CDBG-MIT Hurricane Harvey State Mitigation Competition funds. The Hurricane Harvey State Mitigation Competition, Round 1, has available funds of $1 billion. Funds will be awarded to cities, counties, COGs, state agencies, Indian tribes, port authorities, river authorities, and special purpose districts. Examples of projects include flood control and drainage improvements, 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 Project; and a Memorandum of Understanding with Nueces County to provide for management of the grant and City maintenance of the project. AGENDA MEMORANDUM Action Item for the City Council Meeting of September 22, 2020 infrastructure improvements, green infrastructure, public facilities, buyouts. Located in a HUD-MID County, the City of Corpus Christi may submit 3 applications individually and 3 jointly with another political subdivision. The Memorandum of Understanding provides that the County and the City will: 1. Pursue CDBG-MIT funding for the Navigable Canal at North Beach that directly affect the citizens of both jurisdiction. 2. Allow the County to take the lead responsibility for a contractual relationship with the GLO; 3. Work with other local, regional, state and/or federal agencies, jurisdictions, organizations, or entities affected by the activities above; 4. Work with the appropriate state and local officials or agencies to maximize the efficiency of CDBG-MIT funds to accomplish the activities above; 5. The City will be responsible for the operation and maintenance of the project area upon project completion, as evidenced by the GLO’s acceptance of the final project completion report; and 6. Select appropriate points of contact for application entry and submission, project development, strategic implementation, financial reporting and auditing as necessary to comply with relevant local ordinances, state and federal laws and regulations. 7. This document does not create a monetary obligation by the City to the County and does not obligate the City to expend any funds on the aforesaid project that are not yet appropriated. The deadline for the grant submission is October 28, 2020. The application will be posted by Nueces County for public comment on September 28, and Nueces County Commissioners Court will hold a public hearing on October 7. The North Beach Canal could be 60 feet or wider and 10 feet deep with bulkhead sides. It could have a connection to Corpus Christi Bay with a channel the full width and depth of the interior channel. It would be intended to address drainage but the canal would be a catalyst to economic development. The project cost has been estimated at $42.5 million. On October 29, 2019, through Ordinance 031927, City Council designated a 1,423 acre area on North Beach within the jurisdiction of the City of Corpus Christi Tax Increment Reinvestment Zone (TIRZ) Number 4; setting a maximum City financial participation of $20,000,000 via a scaled contribution for a period not to exceed 20 years; establishing a Board of Directors for the TIRZ; and, establishing a preliminary Project and Financing Plan. The zone is expected to be one of a variety of potential funding sources and programs that will be acting in concert to accomplish a transformed public environment in North Beach. By improving and maintaining public spaces with a high level of service, plus increasing density, the zone and the other programs will encourage the development of new land uses and the redevelopment or rehabilitation of existing uses. The intended result is that North Beach will become a vibrant and economically vital urban waterfront district with a variety of tourist, entertainment, residential, retail, and lodging uses. ALTERNATIVES: Decline to participate in the application. FISCAL IMPACT: The estimated project cost is $42.5 million for the North Beach Canal project. Maintenance of the project could be funded through TIRZ Number 4. FUNDING DETAIL: . Revenue and Expense: Fund: NA Organization/Activity: NA Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Staff recommends approval of the 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 Project, and a Memorandum of Understanding with Nueces County to provide for management of the grant and maintenance of the project. LIST OF SUPPORTING DOCUMENTS: Resolution Memorandum of Understanding 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 Project, and a Memorandum of Understanding with Nueces County to provide for management of the grant and City maintenance of the project. Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Council authorizes submission of the joint application by Nueces County and the City of Corpus Christi to the Texas General Land Office for CDBG-MIT Hurricane Harvey State Mitigation Competition funds for the North Beach Canal project and authorizes a Memorandum of Understanding to be executed between the City and County, providing for management of the grant and City maintenance of the project. SECTION 2. The North Beach Canal estimated project cost is $42.5 million. SECTION 3. Nueces County will take the lead for a contractual relationship with the General Land Office, subject to section 4 below. SECTION 4: The City Manager or the City Manager's designee may apply for, accept, reject, alter, or terminate the grant. SECTION 5: Subject to the grant and the construction in accordance therewith, the City will be responsible for the operation and maintenance of the project area upon project completion, as evidenced by the GLO’s acceptance of the final project completion report. 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 Memorandum of Understanding Between the City of Corpus Christi and Nueces County WHEREAS, Nueces County, a political subdivision of the State of Texas, herein “County, and the City of Corpus Christi, a home rule municipality found in Nueces County, Texas, herein “City”, are authorized by the Interlocal Cooperation Act, as set out in Chapter 791, Texas Government Code, to enter into a Memorandum of Agreement; WHEREAS, Hurricane Harvey made landfall as a Category 4 hurricane on the Texas coast on Friday, August 25, 2017, and battered and drenched Texas for days before finally moving out of the state. The heavy rains from Harvey caused catastrophic flooding throughout the Coastal Bend Region, the Houston area and Southeast Texas and was the first major hurricane to make landfall along the Middle Texas Coast since Hurricane Celia in 1970; and, WHEREAS, many parts of Nueces County, including the cities of Corpus Christi and Port Aransas, were impacted by Hurricane Harvey’s winds, floodwaters and storm surges resulting in damage to homes, businesses, public infrastructure, and other facilities; and WHEREAS, Nueces County’s Multi-Jurisdictional Hazard Mitigation Action Plan, (HMAP) was adopted in 2018, which included Nueces County, Aqua Dulce, Bishop, Driscoll, Corpus Christi, Driscoll, Petronila, Port Aransas, Robstown, and The Corpus Christi Port Authority and the County’s HMAP addressed all hazards affecting the County, such as flood, thunderstorms, wildfires, drought and hurricane winds; WHEREAS, the U.S. Department of Housing and Urban Development Community Development Block Grant – Mitigation (“CDBG-MIT”) funds are administered by the Texas General Land Office (“GLO”) for damage sustained from Hurricane Harvey; WHEREAS, the CDBG-MIT program is funded under the Further Additional Supplemental Appropriations for Disaster Relief Requirements Act, 2018 (approved February 9, 2018) (the “Appropriations Act”); and WHEREAS, the County and the City wish to apply for CDBG-MIT funds. NOW, THEREFORE, the County and City state their intent to address the mitigation needs in areas of mutual concern, as follows: ARTICLE I OBJECTIVES AND ACTIONS The County and City will: 1. Pursue CDBG-MIT funding for the Navigable Canal at North Beach project that directly affect the citizens of both jurisdictions. 2. Allow the County to take the lead responsibility for a contractual relationship with the GLO; 3. Work with other local, regional, state and/or federal agencies, jurisdictions, organizations, or entities affected by the activities above; 4. Work with the appropriate state and local officials or agencies to maximize the efficiency of CDBG-MIT funds to accomplish the activities above; 5. The City will be responsible for the operation and maintenance of the project area upon project completion, as evidenced by the GLO’s acceptance of the final project completion report; and 6. Select appropriate points of contact for application entry and submission, project development, strategic implementation, financial reporting and auditing as necessary to comply with relevant local ordinances, state and federal laws and regulations. 7. This document does not create a monetary obligation by the City to the County and does not obligate the City to expend any funds on the aforesaid project that are not yet appropriated. ARTICLE II GENERAL PROVISIONS 2.1 The Effective Date of this Memorandum of Understanding shall be date when the last signer below is shown to have signed the Memorandum. WITNESS OUR SIGNATURES on the dates indicated below: The City of Corpus Christi By:_______________________________ Peter Zanoni, City Manager Date Signed:____________ Nueces County By:_______________________________ Barbara Canales, County Judge Date Signed:____________ DATE: 8/25/2020 TO: Peter Zanoni, City Manager FROM: Rudy Bentancourt, Housing and Community Development Director RudyB@cctexas.com 361-826-3021 CAPTION: 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 authorizing the addition of $500,000 to the FY 2020-2021 Village at McArdle Project. SUMMARY: This item is amending the FY2018-2019 Consolidated Annual Action Plan to cancel the Homebuyer Gap Financing Assistance Program. The cancellation will release the funding back into the City’s U.S. Treasury account. The released funds will then be available for affordable housing projects such as the Village at McArdle Project. BACKGROUND AND FINDINGS: In accordance with HUD and the City of Corpus Christi’s (City) 5-year Consolidated Annual Action Plan (CAAP), “Substantial Amendments” are required to amend the CAAP which in turn triggers a comment period (24 CFR 91.105). A “Substantial Change” is defined as: Any addition or deletion of the established priorities of activities described in the Consolidated Action Plan and/or Annual Action Plan. In FY2018-2019 and during the adoption of the CAAP, the City of Corpus Christi’s Housing and Community Development (HCD) Department awarded HOME Investment Partnerships Program (HOME) funds to the Housing and Community Development for a new program – Homebuyer Gap Financing Assistance Program in the amount of $500,000. This program was created to provide assistance of up to $20,000 to purchase a newly constructed home in an undeveloped area within the city limits of Corpus Christi. Attempts to identify a new neighborhood or subdivision to match the “affordable income limits” price points have failed. In order to commit the funds to a HOME eligible project, the intent is to redirect the funding in the amount of $500,000 to the Village at McArdle. The Village at McArdle affordable housing Resolution amending the FY2018-2019 Consolidated Annual Action Plan AGENDA MEMORANDUM Action Item for the City Council Meeting September 22, 2020 project was approved for FY2020 Housing Tax Credits from the Texas Department of Housing and Urban Development. During the FY2020-2021 Consolidated Annual Action Plan, $500,000 was allocated to Village at McArdle from the HOME Program. With the additional $500,000, the total investment for this affordable housing project will be $1,000,000. The Village at McArdle, once constructed, will be an 82-unit multifamily project located at 5314 McArdle Rd., Corpus Christi, Texas 78411. Of the 82-units, 12 will be market-rate and 70 units will be affordable and will serve families at or below 60% of the Area Median Income. ALTERNATIVES: The funding is required to be used for an affordable housing project. This funding is currently tied up in the Homebuyer Gap Financing Assistance Program. There has been no partner identified for the use of the funding. This agenda action will free up the funds to be used in another affordable housing project. FISCAL IMPACT: Approving this item will result in $500,000 in HOME Program funds to be transferred to FY2020- 2021 affordable housing project Village at McArdle increasing the HOME Program investment to $1,000,000. Funding Detail: Fund: 9045 Organization/Activity: 48004 Mission Element: 132 Project # (CIP Only): N/A Account: 570039 RECOMMENDATION: Staff is recommending the approval of amending the FY2018-2019 Consolidated Annual Action Plan. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution – Amending FY2018-2019 CAAP 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); authorizing the execution of all necessary documents to submit the substantial amendment to the FY2018- 2019 CAAP to HUD, and further authorizing the execution of all documents necessary to implement the Substantial Amendment to the FY2018-2019 CAAP with outside organizations; and authorizing the addition of $500,000 to the FY 2020-2021 Village at McArdle Project. Whereas, on July 24, 2018, the City Council enacted Ordinance No. 031483 adopting the FY 2018-2019 Consolidated Annual Action Plan (CAAP) for Community Development Block Grant (CDBG) funding, Emergency Solutions Grant (ESG) funding, and HOME investment partnership (HOME) funding for the City; Whereas, certain priorities have changed in the last two years, and the City needs to amend the City’s FY2018-2019 CAAP which triggers the need for a Substantial Amendment to the FY2018-2019 CAAP; Whereas, in accordance with HUD regulations, the City’s Five-Year Consolidated Action Plan and the Citizen Participation Plan, substantial amendments to the FY2018-2019 CAAP require a 15-day public comment period, and public notice of the public comment period in the local newspaper; Whereas, the City published notice of the proposed substantial change to the City’s FY2018-2019 CAAP in The Caller Times on or about September 6, 2020. Whereas, the City Council has determined that the Substantial Amendment to the City’s FY2018-2019 CAAP would best serve the public health, safety, necessity, convenience and the general welfare of the City of Corpus Christi and its citizens. Whereas, the City Council has determined that the amendment to the City’s FY2020- 2021 CAAP would best serve the public health, safety, necessity, convenience and the general welfare of the City of Corpus Christi and its citizens. Now therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. That the FY2018-2019 CAAP, which includes the CDBG, the ESG, and the HOME Programs, is amended as follows: a) Cancellation of a FY2018-2019 HOME Program project – Homebuyer Gap Financing Assistance Program in the amount of $500,000. Resolution – Amending FY2018-2019 CAAP Section 2. That the City Manager or the City Manager’s designee is authorized: a) to submit the Substantial Amendment to the FY2018-2019 CAAP to HUD, and b) to amend this Substantial Amendment to the FY2018-2019 CAAP if required by HUD. Section 3. That the FY2020-2021 CAAP, which includes the CDBG, the ESG, and the HOME Programs, is amended as follows: a) addition of $500,000 to the FY 2020-2021 Village at McArdle Project Section 4. That the City Manager or the City Manager’s designee is authorized to execute funding agreements and all other documents necessary to implement the Substantial Amendment to the FY2018-2019 CAAP with organization for approved projects. ATTEST: THE CITY OF CORPUS CHRISTI _____________________________ ____________________________ Rebecca Huerta Joe McComb City Secretary Mayor 9/10/2020 DATE: September 8, 2020 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, Director of Planning and Environmental Services DanielMc@cctexas.com (361) 826-7011 Tracey Cantu, Interim Director of Parks and Recreation TraceyC@cctexas.com (361) 826-3464 CAPTION: 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. SUMMARY: This motion authorizes a two-year term extension for a Master Service Agreement with Asakura Robinson Company LLC and additional budget of $340,000 for additional professional planning services to develop corridor revitalization plans for Staples and Leopard Streets in the Uptown area, the Midtown Area Development Plan (ADP), and the Heritage Park Utilization Plan. These services are necessary to create up-to-date strategic city plans that support economic and community development. BACKGROUND AND FINDINGS: The City executed a Master Service Agreement in January 2020 with the urban planning firm Asakura Robinson Company LLC for professional planning services with a contract amount not to exceed $250,000. The initial contract amount covered the Northwest Boulevard (FM 624) Corridor Plan at approximately $100,000 and the Downtown Gateways Vision Plan for the I-37/Laredo/Agnes corridors at approximately $150,000. Both plans will be completed by the end of 2020 or early 2021. Additional planning services are needed to create a new Midtown Area Development Plan, Heritage Park Utilization Plan, and revitalization plans for Staples and Leopard Streets in the Uptown area. The AGENDA MEMORANDUM Action Item for the City Council Meeting of September 22, 2020 Master Service Agreement Planning Services 9/10/2020 latter two plans will build upon Asakura Robinson’s research and work on the Downtown Gateways Vision Plan. Funding for the Midtown Area Development Plan and Heritage Park Utilization Plan was programmed during the FY 2020 budget process while the Staples/Leopard Street corridor revitalization plans are a recent initiative. The Planning Department and Parks & Recreation Department are requesting a two-year term extension of the current Master Service Agreement with Asakura Robinson Company LLC and additional budget of $340,000 to complete the three projects mentioned above. Upon execution of the amended Master Services Agreement, staff will negotiate a detailed scope of work with Asakura Robinson within the allotted budget. Public engagement and feedback will be a necessary part of the scope of work to create these plans. The purpose and approximate budget of the three projects is as follows: Staples/Leopard Street Corridor Revitalization Plans This initiative will create a plan for revitalizing Staples Street from Interstate 37 to Six Points and Leopard Street from Upper Broadway to the Crosstown Expressway. These are key Uptown corridors identified in the 2018 Downtown Area Development Plan. The objective of the plan is to: Create sustainable and attractive key Uptown corridors with the purpose of creating a coordinated sense of place along the corridors that builds and sustains occupancy and attracts investors. Guide future public and private development and lay the foundation for a strong local economy anchored by new development and redevelopment. Create conceptual drawings to help reimagine the corridors that includes improvements such as landscaping to create attractive walkable streets and shade for pedestrians. Identify a specific implementation plan. Midtown Area Development Plan This planning initiative will develop a new 20-year Area Development Plan (ADP) for the Midtown planning district (16.6 square miles) of Corpus Christi. The process will employ current best practices to develop a new long-range vision and implementation plan. The current ADP for this area was adopted in 1995 and no longer reflects existing conditions or future needs in this district. The ADP update will examine current conditions and establish the community’s vision and goals, and identify implementation strategies for the next 20 years that include infrastructure improvements and policy and programmatic initiatives. The process will emphasize community involvement, identify existing conditions and future needs aligned with land use patterns, public infrastructure needs, environmental impacts, fiscal impacts, and implementation strategies. The ADP will provide specific recommendations concerning future land uses, transportation, public services, and environmental protection. Heritage Park Utilization Plan Heritage Park is in the heart of the SEA District and in a key area once the Harbor Bridge is relocated and the right-of-way reutilized. This initiative will evaluate the best use of structures and real estate within Heritage Park including potential improvements and will result in a long-term strategic plan that is coordinated with future public and private development in the area. Several important themes should emerge from the process of transforming Heritage Park: There should be a strong connection between the Downtown, Bayfront, and existing attractions. 9/10/2020 The site will attract a broad range of Corpus Christi residents and visitors including a variety of age, ethnic and income groups. Amenities and infrastructure should support uses and/or activities of varying sizes. A strategy for the ongoing economic sustainability of the site should be developed and the overall management should be a key ingredient in this strategy. PROJECT TIMELINE: The services will start in January 2021 with completion planned in late 2021/early 2022. COMPETITIVE SOLICITATION PROCESS: Asakura Robinson was selected to provide planning services in February 2019 under RFQ 2018-10. The selection committee consisted of representatives from Planning and Environmental Services and Engineering Services. Asakura Robinson was evaluated on five factors: 1) experience and qualification of the firm, 2) experience and qualification of the project manager, 3) project approach and management plan, 4) capacity to meet the project requirements and timelines, and 5) past performance. Asakura Robinson was ranked first. ALTERNATIVES: If other methods of procuring services are preferred, then not awarding this amendment to the current Master Service Agreement with Asakura Robinson will delay the start of these projects. FISCAL IMPACT: This item proposes to amend the current Master Service Agreement with Asakura Robinson for planning services up to the amount of $340,000. Funding is approved and available in the FY 2020 Comprehensive Planning and Parks and Recreation Departments’ budgets. Funding Detail: (Planning and Parks/Recreation Department Funded) Fund: 1020 General Fund Organization: 11455 Comprehensive Planning Mission Element: 071 Comprehensive Planning Account: 530000 Professional Services Project: 19074A Planning Services MSA Fund: 4710 Visitor’s Facility Fund Organization: 13710 Cultural Facility Maintenance Mission Element: 141 Manage and maintain parks, beaches, open spaces & recreational facilities Account: 530000 Professional Services Project: 19074A Planning Services MSA RECOMMENDATION: Staff recommends amending the existing Master Service Agreement with Asakura Robinson for an additional $340,000 for the additional planning services described herein, bringing the entire contract maximum amount to $590,000, and extending the term of the contract by another two years. LIST OF SUPPORTING DOCUMENTS: 9/10/2020 Study Area Maps Master Service Agreement CITY OF CORPUS CHRISTI Service Agreement No. 2761 AMENDMENT NO. 1 to the MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas, hereinafter called “CITY,” and Asakura Robinson Company LLC, hereinafter called “Consultant,” agree to the following amendment to the MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES, SERVICE AGREEMENT NO. 2761(Original Agreement) as follows: ARTICLE II COMPENSATION, Section 2.1 & 2.6 in the Original Agreement shall be modified as shown below. 2.1 The Compensation for all services included in this agreement and in Scope of Services for this agreement shall not exceed $590,000. 2.6 The anticipated fee structure under this agreement is as follows: DESCRIPTION NOT TO EXCEED AMOUNT Maximum Contract Amount $590,000 Task 1 - TBD Task 2 - TBD Task 3 - TBD Task 4 - TBD Task 5 - TBD Task 6 - TBD Task 7 - TBD ARTICLE VI - TERM; RENEWALS; TIMES FOR RENDERING SERVICE, Section 6.3 in the Original Agreement shall be modified as shown below. 6.3 This service shall be for a period of four years beginning on the Effective Date and ending on January 17, 2024. All other terms and conditions of the Original Agreement between the “CITY” and “Consultant” which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI ASAKURA ROBINSON COMPANY LLC Kim Baker (Date) Keiji Asakura (Date) Director of Contracts and Procurement Principal 1224 E. 12th Street, Suite 310 Austin, Texas 78702 (512) 351-9601 keiji@asakurarobinson.com APPROVED AS TO LEGAL FORM: ___________________________________ Buck Brice (Date) Assistant City Attorney For City Attorney Funding shall be provided per task order. Contract Maximum Amount is $590,000 DocuSign Envelope ID: 75C49833-A705-4A60-BBBA-052D7AAB0F29 9/11/2020 CONTRACTS AND PROCUREMENT DEPARTMENT PO Box 9277 Corpus Christi Texas, 78469-9277 Phone: 361.826.3160 January 22, 2020 Asakura Robinson Company LLC Keiji Asakura Principal 1224 E. 12th Street. Suite 310 Austin, Texas 78702 Subject: Master Services Agreement for Professional Services-Planning Services (Project No. 19074A) Dear Mr. Keiji. Enclosed is the executed Master Services Agreement which was approved by City Council on January 14, 2020 by Motion No. M2020-021 for providing Professional Services for the subject project. for an amount not to exceed $250,000.00. Please proceed to submit Proposal(s) for individual Task Order(s) preparation. Future invoices for individual Task Orders should reference the above Project Name and Number as shown and submitted to the City of Corpus Christi. Department of Engineering Services, Attn: Accounts Payable, P.O. Box 9277, Corpus Christi. TX 78469. Sincerely, ~Q\S~ Kim Baker Director of Contracts and Procurement KB :ag Encl. cc: J.H. Edmonds, P.E., Direc tor of Engineering Servic es SERVICE AGREEMENT NO. 2761 MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) 19074A -Planning Services The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and ASAKURA ROBINSON COMPANY LLC, 1224 E. 12th Street, Suite 210, Austin, Travis County, Texas 78702 (Consultant), hereby agree as follows: ARTICLE NO. ARTICLE I ARTICLE II ARTICLE Ill ARTICLE IV ARTICLE V ARTICLE VI ARTICLE VII ARTICLE VIII ARTICLE IX ARTICLE X ARTICLE XI ARTICLE XII EXHIBITS TABLE OF CONTENTS TITLE PAGE PROJECT TASK ORDER ..................................................................................... 2 COMPENSATION ................................................................................................. 3 QUALITY CONTROL PLAN .................................................................................. 4 INSURANCE REQUIREMENTS .......................................................................... .4 INDEMNIFICATION .............................................................................................. 4 TERM; RENEWALS; TIMES FOR RENDERING SERVICE ................................. 5 TERMINATION OF AGREEMENT ....................................................................... 5 RIGHT OF REVIEW AND AUDIT ......................................................................... 6 OWNER REMEDIES ............................................................................................ 6 CONSUL TANT REMEDIES .................................................................................. 7 CLAIMS AND DISPUTE RESOLUTION ............................................................... 7 MISCELLANEOUS PROVISIONS ........................................................................ 9 Master Services Agreement Page 1 of 10 ARTICLE I -PROJECT TASK ORDER 1.1 This Agreement shall apply to as many tasks as City and Consultant agree will be performed under the terms and conditions of this Agreement. Each task Consultant performs for City hereunder shall be designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been properly executed by both City and Consultant. Each properly executed Task Order as shown in Exhibit A shall become a separate supplemental agreement to this Agreement. 1.2 The Consultant shall provide its Scope of Services, to be included in each Task Order. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services which would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.3 Under this Agreement, Consultant will provide services on a Task Order basis for a range of services related to assisting Engineering Services with professional engineering, architecture and construction services related to execution of Capital Improvements Programs. All work will be subject to authorization from City. A detailed Scope of Services and fee estimate will be developed for each task prior to execution of work. 1.4 Consultant shall follow City Codes and Standards effective at the time of the execution of individual Task Orders. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Task Order. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.5 Consultant must perform tasks and submit deliverables as detailed in each approved Task Order. 1.6 Consultant must provide all labor, equipment and transportation necessary to complete all services agreed to in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by the subconsultant and the percentage of work performed by the subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.7 Consultant must not begin work on any Task Order authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. 1.8 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in the City's General Conditions for Construction Contracts, an excerpt of which is attached as an exhibit to this Agreement. 1.9 For projects that require subsurface utility investigation: 1.9.1 The Consultant agrees to prepare and submit to the City a signed and sealed report identifying all utilities within the project area at the Quality Level specified in the Task Order. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.9.2 Utilities that should be identified include, but are not limited to, City-owned utilities, local franchises, electric companies, communication companies, private pipeline companies and 3rct party owners/operators. Master Services Agreement Page 2of10 ARTICLE II -COMPENSATION 2.1 The Compensation for all services included in this Agreement and in the Scope of Services for this Agreement shall not exceed $250,000. 2.2 The Consultant's fee for each Task Order will be on a lump sum or time and materials (T&M) basis with a negotiated not-to-exceed amount. The fees will not exceed those identified and will be full and total compensation for all services outlined in each Task Order, and for all expenses incurred in performing these services. 2.3 Consultant shall submit a proposal to the City, which shall be incorporated into this agreement as Exhibit 8, subject to approval by the City. 2.4 Consultant shall submit a Rate Schedule with their proposal. 2.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit C. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices in compliance with the Texas Prompt Payment Act. 2.5.1 Principals may only bill at the hourly rate of Principals when acting in that capacity. Principals acting in the capacity of staff must bill at staff rates. The Consultant shall provide documentation with each payment request that clearly indicates how that individual's time is allocated and the justification for that allocation. 2.6 The anticipated fee structure under this agreement is as follows: DESCRIPTION NOT TO EXCEED AMOUNT Maximum Contract Amount $250,000 Task 1 -TBD TBD Task 2-TBD TBD Task 3 -TBD TBD Task4-TBD TBD 2.7 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 2.8 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 2.9 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may be directed to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 2.5 above for services provided up to the date of suspension. Master Services Agreement Page 3of10 ARTICLE Ill -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 ("lndemnitee") 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 lndemnitee, 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 lndemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by lndemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. Master Services Agreement Page 4of10 ARTICLE VI -TERM; RENEWALS; TIMES FOR RENDERING SERVICE 6.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 6.2 This Agreement shall be applicable to Task Order issued hereunder from the Effective Date of the Agreement until project is complete. 6.3 This service shall be for a period of two years beginning on the Effective Date. 6.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times are so stated, Consultant will perform services and provide deliverables within a reasonable time. ARTICLE VII -TERMINATION OF AGREEMENT 7.1 By Consultant: 7 .1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. Consultant shall mark partially completed work as "Draft" and does not guarantee the accuracy or reliability of partially completed work submitted in accordance with this Article. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services Master Services Agreement Page 5of10 actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII -RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 8.2 "Consultant's records" include any and all information, materials and data of every kind and character generated as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, federal and state tax filings for issue in questions and any and all other agreements, sources of information and matters that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's records only during City's regular business hours. Upon reasonable prior notice, Consultant agrees to allow City's designee access to all of Consultant's records, Consultant's facilities and Consultant's current or former employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX -OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 9.1.3 Losses are incurred because of defects, errors and omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been defects, errors and omissions in the documents. Master Services Agreement Page 6of10 9.2 The City may assert a claim against the Consultant's professional liability insurance as appropriate when other remedies are not available or offered for design deficiencies discovered during and after Project construction. 9.3 When the City incurs non-value added work costs for change orders due to design errors or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant's response. 9.4 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 9.5 The City may withhold or nullify the whole or part of any payment as detailed in Article II. ARTICLE X-CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI -CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty- one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Alternative Dispute Resolution. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement and City shall continue to make payments in accordance with this Agreement. Master Services Agreement Page 7 of 1 O 11.2 Alternative Dispute Resolution 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation or any other alternative dispute resolution (ADR) process set forth herein, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of any other ADR process. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation ADR process contained herein. 11.2.3 Mediation 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for any mediation or lawsuit arising under this Agreement shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute in this Agreement. 11.4 In case of litigation between the parties, Consultant and City agree that they have knowingly waived and do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or connected to this Agreement, to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. 11.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. Master Services Agreement Page 8of10 ARTICLE XII -MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse, without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 12.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 12.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 12 .6 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 12.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 12.9 Certificate of Interested Parties. Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed , signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. Master Services Agreement Page 9of10 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/governmenUcity-secretarv/conflict-disclosure/index 12.11 Boycott Israel. As required by Chapter 2270, Government Code, Consultant hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. 12.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 12.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice In any way the validity of this Agreement in any other instance. 12.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit 8, Scope of Services or in any other document prepared by Consultant and included herein, is in conflict with Articles I -XI I of this Agreement (Articles) and/or an approved Task Order, the Articles and/or the Task Order shall take precedence and control to resolve said conflict. 12.15 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color, religion, national origin, gender, disability or age. CITY OF CORPUS CHRISTI ~~ l-11-·,l .. Mark Van Vleck (Date) Assistant City Manager APPROVED AS TO LEGAL FORM Aimee Alcorn-Reed 2019.11.22 13:59:40 -06'00' Assistant City Attorney for City Attorney (Date) ASAKURA ROBINSON COMPANY LLC K~~~ Principal 1224 E. 121h Street, Suite 31Cl_ Austin, Texas 78702 (512) 351 ~9601 Office keiji@asakurarobinson.com Funding shall be provided per task order. Contract Maximum Amount is $250,000. IT ~Cll I -I Lj -3 Q ------....,S~EC-lfl .... -l~R.W.Vill~"'1 ~aster Services Agreement Page 10of10 EXHIBIT A SAMPLE TASK ORDER This Task Order pertains to a Master Services Agreement for Professional Services by and between City of Corpus Christi, Texas (City) and "Company Name" (Consultant) dated , 2019 (Agreement). Consultant shall perform services on the project described below as provided in this Task Order and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below. TASK ORDER NO.: PROJECT NAME: 1. PROJECT DESCRIPTION 2. SCOPE OF SERVICES 3. COMPENSATION This Task Order is approved and Consultant may proceed. All other terms and conditions of the Agreement remain in full force and effect. CITY OF CORPUS CHRISTI Jeff Edmonds, P.E. Date Director of Engineering Services COMPANY NAME, INC. Authorized Signer Title Address City, State, Zip (xxx) xxx-xxxx name@email.com Date EXHIBIT A SAMPLE TASK ORDER PAGE 1OF1 ASAKURA ROBINSON COMPANY 1224 E. 12th Street, Suite 310 Austin, TX 78702 512.351.9601 www asak11rarobinson com September 6, 2019 Marcus Flores City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 Re: City of Corpus Christi As Needed Planning Services Proposal Asakura Robinson (AR) was founded in 2004 with a mission of assisting visionary clients spur positive change through a collaborative design and planning process. Our planning staff have engaged clients throughout our home states of Texas, Louisiana and Minnesota, as well as throughout the country, on successful plans and designs in urban, suburban and rural contexts. They range from long-range statice plans to more focused interventions that include detailed design for parks, streetscapes, policies and programs. The common thread in our projects is our emphasis on engaging stakeholders, residents, businesses and other stakeholders to ensure that communities are able to take ownership of their futures and spark implementation. Our planning group focuses on the following five key subject areas: 1. Small Area Planning -Small Area Planning encompasses a comprehensive approach to managing community change, and incorporates elements of all of our other services areas. Projects include neighborhood plans, corridor plans, regulatory plans, district plans, and downtown plans. Key Staff: Zakcq Lockrem, AICP and Meghan Skornia, AICP 2. Housing Policy and Community and Economic Development -This team seeks to assist communities with plans that lift up community assets, culture, and economic potential while working to mitigate quality of life and affordability issues for residents. Projects include strategic planning, housing policy development and planning, fair housing, establishment of special service districts, BIDs and tax increment districts and planning for vacant land. Key Staff: Alexandra Miller, AICP 3. Transportation Planning -Our transportation planners see to enhance mobility accessibility, connectivity and safety for transit riders, pedestrians and people who bicycle. Projects include bicycle planning, pedestrian planning, streetscapes, and transit planning. Key Staff: Luis Guajardo, AICP 4. Urban Ecology and Parks -Our urban ecology practice stems from our long standing interest in protecting, restoring and enhancing natural resources. Projects include park design, park master plans, restoration plans, environmental plans, sustainability plans, resilience plans and eco-tourism plans. Key Staff: Katie Coyne, AICP, Certified Ecologist -ESA, SITES AP, Master Naturalist 5. Urban Design -Whether focused on streets or public spaces, the public realm is at the core of our urban design work. Projects include design guidelines, streetscape plans, and plazas and park design. Key Staff: Wei Xiao, LEED AP A. Scope of Work AR shall work with the City of Corpus Christi to define specific scopes of work as needed. The City of Corpus Christi shall provide tasks orders for mutually agreed upon scopes of work and fee. Page 1of3 EXHIBIT B Page 1of3 ASAl<URA ROBINSON COMPANY 1224 E. 12th Street, Suite 310 Austin, TX 78702 512.351.9601 www asakurarobinson com d~dKUrd robin~on B. Project Schedule Project schedule is anticipated to commence at a time agreed upon mutually by the City of Corpus Christi and Asakura Robinson and will be detailed in task orders as provided by the client C. Compensation As needed not to exceed: $ 250,000 Total $ 250,000 Fees and reimbursable costs shall be a maximum not-to-exceed and billed monthly as a percentage of work completed or actual costs for additional services and reimbursable expenses as defined herein. Work performed as part of this proposal will be in accordance with the following approved rates: Reimbursable expenses are expenditures for the project made by AR in the interest of the project. Reimbursable expenses include, but are not limited to travel expenses, costs of printing and reproduction, postage, services of professional consultants which cannot be quantified at the time of contracting, and other, similar project-related expenditures. D. Rates for Key Staff Zakcq Lockrem -Managing Principal Alexandra Miller -Managing Principal Katie Coyne -Senior Associate Meghan Skornia -Senior Associate Luis Guajardo -Senior Associate Wei Xiao -Associate Designer Additional Staff Rates are available on the clients request E. Exclusions to Scope of Services and Additional Services The following services are also excluded from scope: $210 $210 $123 $112 $110 $ 87 1. Hosting of any website, MailChimp account, or other on line resources, including social media; direct email blasts, online forums, or media advisories or press releases. 2. Attendance at Boards and Commissions meetings and/or City Council and City Council Committee meetings, other than as outlined in the scope above. 3. LEED, SITES, or similar ratings systems documentation and accreditation. 4. Architectural services related to existing buildings. 5. 6. 7. Transportation engineering services or traffic control plans. Preliminary engineering reports. Additional services including but not limited to: a) Work requested and or authorized by the Client not defined in the 'Scope of Work' or revisions and changes to Client approved drawings and the preparation of alternatives or change orders requested by the Client. b) Models, special renderings, promotional photography, special printing, special equipment, special printed reports or publications, maps, and documents requested by the Client, unless defined in a mutually agreed upon task order. Page 2 of 3 EXHIBIT B Page 2 of 3 ASAl<URA ROBINSON COMPANY 122 4 E. 12th Street, Suite 310 Austi n, TX 78702 512.351.9601 www asakurarobinson com Client shall provide information as required for performance of the work. AR assumes no responsibility for the accuracy of such information or services and shall not be liable for errors or omissions therein. Should AR be required to provide services in obtaining or coordinating compilation of this information, such services shall be charged as additional services. 1. GIS files and data, including taxation data 2. Meeting logistics 3. Printing 4. Timely review of deliverables Hourly rates for Additional Services can be provided on request. F. Jurisdiction and Termination TERMINATION -If the Client should decide to terminate this Agreement, he or she shall give AR seven (7) days written notice and shall pay for all services rendered to the date of termination. AR reserves the right to terminate this contract upon fifteen (15) day notice if any amount billed to client is greater than ninety (90) days past due. We appreciate your consideration of our firm, and we look forward to working with you. If this proposal meets your approval, please sign and return one (1) copy to our office at your earliest convenience. Yours truly, Keiji Asakura, Principal Asakura Robinson Company LLC Date: September 6, 2019 Name: City of Corpus Christi Page 3 of 3 EXHIBIT B Page 3 of 3 1.0 2.0 3.0 4.0 HOURLY RATE SCHEDULE (updated 09/06/2019) HOURLY RATES Keiji Asakura, FASLA, CLARB, Managing Principal Margaret Robinson, PLA, LEED AP, Managing Principal Alexandra Miller, AICP, Managing Principal Hayley Pallister, Managing Principal Zakcq Lockrem, AICP, Managing Principal Jessica Krug, LEED AP, Principal Brendan Wittstruck, LEED AP BD+C, Principal Matthew Rufo, AICP, Principal Erin Cannon, PLA, Senior Designer Claire Eddleman-Heath, Senior Designer Katie Coyne, AICP, Senior Planner Peter Caldwell, PLA, Senior Designer Isabelle Asakura, Marketing Manager Luis Guajardo, Sr. Associate Planner Abigail Phillips, PLA, Senior Designer Meghan Skornia, AICP, Senior Planner Ying Liang, As sociate Designer Brianna Frey, Associate Planner Mayu Takeda, Associate Planner Wei Xiao, Associate Designer Wenjie Zhao, Associate Designer Kari Spiegelhalter, Associate Designer Kadence Hampton, Planner Ucha Abbah, Designer Andy Rowell, Designer lnmi Moon, Designer Thu Bui, Designer Tucker Rose, Designer Lauren Klich, Marketing Coordinator Leda Hardesty, Visual Communications Designer Intern Rate Mandi Stiles, Human Resources Assistant 2019 IRS MILEAGE RATE PER MILE EXTERNAL EXPENDITURES Reproduction, Sub-consultants, Fees, Etc. In house printing per page: 8.5x11 BW 8.5 x 11 Color 11x17BW 11x17 Color 24 x 36 BW plot 24 x 36 Color plot 24 x 36 Color plot on photo paper 30 x 42 BW plot 30 x 42 Color plot 30 x 42 Color plot on photo paper TRAVEL EXPENSE (Airfare, Auto, Parking, etc.) 2019 Rates $ 230.00 $ 215.00 $ 210.00 $ 210.00 $ 210.00 $ 162.00 $ 153.00 $ 145.00 $ 136.00 $ 128.00 $ 123.00 $ 121.00 $116.00 $ 110.00 $ 107.00 $ 113.00 $ 97.00 $ 92.00 $ 92.00 $ 87.00 $ 87.00 $ 92.00 $ 81.00 $ 81.00 $ 78.00 $ 78 .00 $ 74.00 $ 74.00 $ 68 .00 $ 61.00 $ 57.00 $ 57.00 $ 0.58 Cost plus 10% $0.10 $0.50 $0.20 $1.00 $4.50 $39.00 $48.00 $6.56 $56.87 $70.00 Cost plus 10% The rates noted above shall remain in effect until completion of the Agreement. Page 1of1 EXHIBIT B-1 Page 1of1 -u m Q) >< co ::::r CD 6' _,,l,,;::::;: 0 0 -. ....... Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCAD A Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees Notes: COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Contract Amd No. 1 Amd No. 2 Total Contract Current Invoice $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $0.00 $250.00 $750.00 $0.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,627.00 $1,627.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000.00 $1, 120.00 $1,627.00 $4,747.00 $500.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $2,000.00 $1, 120.00 $1,627.00 $4,747.00 $500.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 $1,500.00 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). Previous Invoice $1,000.00 $500.00 $0.00 $0.00 $1,500.00 $0.00 $0.00 $0.00 TBD TBD TBD $0.00 $1,500.00 $0.00 $1,500.00 Total Invoice $1,000.00 $1,500.00 $0.00 $0.00 $2,500.00 $500.00 $0.00 $0.00 TBD TBD TBD $500.00 $2,500.00 $500.00 $3,000.00 Sample form for: Payment Request AE Contract Revised 02/01/17 Remaining Balance $0.00 $1,500.00 $750.00 $3,500.00 $5,750.00 $1,500.00 $1,120.00 $1,627.00 TBD TBD TBD $4,247.00 $5,750.00 $4,247.00 $9,997.00 Percent Complete 100.0% 50.0% 0.0% 0.0% 30.3% 25.0% 0.0% 0.0% TBD TBD TBD 10.5% 30.3% 10.5% 23.1% EXHIBIT D Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1 .2 Consultant must furnish to the Director of Contracts and Procurement with the signed agreement a copy of Certificates of Insurance (COi) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COi. Project name and or number must be listed in Description Box of COi. TYPE OF INSURANCE 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 -Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury-Advertising Injury AUTO LIABILITY (including) 1. Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY (Errors and Omissions) MINIMUM INSURANCE COVERAGE Bodily Injury and Property Damage Per occurrence -aggregate $1 ,000,000 Per Occurrence $2,000,000 Aggregate $500,000 Combined Single Limit $1 ,000,000 Per Claim If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions Rev 09/19 EXHIBIT D Page 1of3 and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VII. Consultant is required to provide City with renewal Certificates. 1.5 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 business days of said change. Consultant shall pay any costs resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Contracts and Procurement P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; · 1.6.3 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder; 1.6.4 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of Rev 09/19 EXHIBIT D Page 2 of 3 .. coverage, Consultant shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1 .9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Rev 09/19 EXHIBIT D Page 3 of 3 City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY~c~1~1 v~ 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.0.BOX: STREET ADDRESS: 2.SOD Sl.l!YIMC'I<. tf3J:J.8CITY: ~U-5/'DN I ZIP: 1]( 77Da '7 FIRM IS: 1. Corporation D 2. ·Partnership J7( 4. Association D 5. Other D · 3. Sole Owner 0 DISCLOSURE QUESTIONS If additional space is necessa!l, please use the reverse side of this page or attach separate sheet. 1. State the names of each 'employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) NIA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title NIA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the ,above nameo "firm." Name NIA Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant NIA EXHIBIT "E" Page 1 of2 1 ·. 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 genera1 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: t;_E/51 A-SA ku ,a f\ Title: P/2. es I iJEJJ T (Typo or Print) Signature of Certifying Date: Person: ~ I i DEFINITIONS a. "Board member." A member· of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." , g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "E" Page 2of2 ¬«286 A g n e s S t L a r e d o S t Staples St Leopard St Alameda St Josephine St Tancahua St U. Broadway St N. Chaparral St S. Shoreline Blvd S a n t a F e S t Comanche St Morgan Ave A y ers St O c e a n D r 10th St S. Brownlee Blvd §¨¦37§¨¦37 Pa r k A v e Martin Luther King Dr Crosstown Expy Crosstown Expy ¯ 0 1,500 3,000750Feet Legend Leopard Street Staples Street 500 ft Corridor Buffer 1 inch = 1,000 feet Corridor Study - Leopard & Staples Street City of Corpus ChristiMidtown Area Development Plan NuecesBay Corpus ChristiBay MidtownADP ¯ §¨¦37 ¬«286 SPID OsoBay 0 2.5 51.25 MilesMidtown ADP City Limits StaplesEverhartWeberKostoryz Airline McArdle Saratoga Holly Alameda Rodd Field Texas A&M UniversityCorpus Christi §¨¦37 Ayers Ocean Drive Morgan Old Brownsville Rd Gollihar Midtown ADP AreaAcreage = 10,653Square Miles = 16.6 SPID Horne E n n is J o s li n §¨¦37 N C h a p a r r a l S t N M e s q u i t e S t N W a t e r S t N S h o r e l i n e B l v d £¤181 N B r o a d w a y S t R e s a c a S t F i t z g e r a l d S t H u g h e s S t B r e w s t e r S t H i r s c h S t N T a n c a h u a S t P a l o A l t o S t E Port Ave Harbor Dr Hurricane Alley Waterpark Museum of Science & History The Art Museum of South Texas American Bank Center Heritage Park Heritage Park ¯ 0 250 500125Feet 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 Ap p l i c a n t & L e g a l De s c r i p t i o n 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). Zo n i n g Re q u e s t 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. Ex i s t i n g Z o n i n g a n d La n d U s e s 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 AD P , M a p & Vi o l a t i o n s 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 Tr a n s p o r t a t i o n 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. St r e e t 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. Pu b l i c N o t i f i c a t i o n 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: September 22, 2020 TO: Peter Zanoni, City Manager FROM: Kevin Norton, Director of Water Utilities kevinn@cctexas.com (361) 826-1874 CAPTION: 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. SUMMARY: This authorizes City staff to present provided pricing information such as unit cost at the City Council meeting on September 29, 2020 from companies who submitted information regarding alternative water supplies. Company representatives will be invited to attend the meeting in person or through virtual attendance and provide information to Council after the staff presentation. Respondents to RFI: - Consolidated Water Co Ltd - Corpus Christi Civic Leadership Group - IDE Americas, Inc. - Poseidon Water LLC - Poseidon Water - Suez - Veolia Water North America – Central, LLC - Evangeline/Laguna LP - Seven Seas Water Corporation BACKGROUND AND FINDINGS: Four Council Members submitted a letter on September 4, 2020 requesting an agenda item for Alternative Water Source presentations on September 29, 2020. Authorize Alternative Water Source Presentations AGENDA MEMORANDUM Action Item for the City Council Meeting of September 22, 2020 ALTERNATIVES: N/A FISCAL IMPACT: N/A RECOMMENDATION: Staff recommends the authorization to present supplemental and other information on September 29, 2020 from respondents to the Request for Information (RFI) Alternative Water Supplies. LIST OF SUPPORTING DOCUMENTS: Four Council Members signature letters requesting a presentation. 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 sales revenues or a minimum annual guarantee, whichever is greater; extending the lease expiration date to September 30, 2021; 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 ___________, 2020. 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 Security 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, the 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 committed 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 7-1-1FORRELAYSERVICES 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 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. 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 agency 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 agency. 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 and 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 the 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 Clean 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 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et 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 15, 2020 Second Reading Ordinance for the City Council Meeting of September 22, 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 terms, conditions and specifications of the grant are met. 1.6 Amendments and Changes to the Grant Agreement TDEM and the grantee may agree to make adjustments to the grant. Adjustments include, but are not limited to, modifying the scope of the grant project, adding funds to previously un-awarded cost items or categories changing funds in any awarded cost items or category, deobligating awarded funds or changing grant officials. The grantee has no right or entitlement to reimbursement with grant funds. TDEM and grantee agree that any act, action or representation by either Party, their agents or employees that purports to waive or alter the terms of the Grant Agreement or increase the maximum liability of TDEM is void unless a written amendment to this Grant Agreement is first executed and documented in GMS. The grantee agrees that nothing in this Grant Agreement will be interpreted to create an obligation or liability of TDEM in excess of the "Maximum Liability of the TDEM" as set forth in the Notice of Subrecipient Grant Award. Any alterations, additions, or deletions to the terms of this Grant Agreement must be documented in GMS to be binding upon the Parties. Notwithstanding this requirement, it is understood and agreed by Parties hereto, that changes in local, state and federal rules, regulations or laws applicable hereto, may occur during the term of this Grant Agreement and that any such changes shall be automatically incorporated into this Grant Agreement without written amendment hereto, and shall become a part hereof as of the effective date of the rule, regulation or law. 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]