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HomeMy WebLinkAboutAgenda Packet City Council - 07/19/2016 Corpus Christi 1201 Leopard Street - f' Corpus Christi,TX 78401 i cctexas.com Meeting Agenda - Final-revised City Council Tuesday,July 19,2016 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingl6s es limitado, habra un interprete ingl6s-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office(at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Nelda Martinez to call the meeting to order. B. Invocation to be given by Rabbi Ilan Emanuel, Congregation Beth Israel. C. Pledge of Allegiance to the Flag of the United States to be led by Teri Barrera, Executive Assistant to Police Chief, Police Department. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations: (NONE) F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Corpus Christi Page 1 Printed on 7/18/2016 City Council Meeting Agenda-Final-revised July 19,2016 PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER H. MINUTES: 1. 16-0806 Regular Meeting of July 12, 2016 Attachments: Minutes-July 12, 2016.pdf I. BOARD &COMMITTEE APPOINTMENTS: 2. 16-0803 Ethics Commission Attachments: Ethics Commission.pdf J. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed;may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance;or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting;such agendas are incorporated herein for reconsideration and action on any reconsidered item. K. CONSENT AGENDA: (ITEMS 3 - 23) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. Corpus Christi Page 2 Printed on 7/18/2016 City Council Meeting Agenda-Final-revised July 19,2016 3. 16-0710 Resolution ratifying the submission of a grant application for the Man-Portable X-ray Units project Resolution ratifying the submission of a grant application in the amount of$82,985.59 to the Office of the Governor for the Man-Portable X-ray Units project; and authorizing the City Manager or the City Manager's designee to accept, reject, alter or terminate the grant. Attachments: Agenda Memo- Man-Portable X-ray Units Resolution -Man-Portable X-ray Units Grant Application - Man-Portable X-ray Units 4. 16-0711 Resolution ratifying the submission of a grant application for SWAT Ballistic Protection Equipment Resolution ratifying the submission of a grant application in the amount of$181,873.20 to the Office of the Governor for the SWAT Ballistic Protection Equipment project; and authorizing the City Manager or the City Manager's designee to accept, reject, alter or terminate the grant. Attachments: Agenda Memo-SWAT Ballistic Protection Equipment Resolution -SWAT Ballistic Protection Equipment Grant Application-SWAT Ballistic Protection Equipment 5. 16-0570 Approving the lease of six trucks for the Utilities Department Motion approving the lease of six trucks from PV Rentals, for the amount of$65,880 based on a cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative, dba BuyBoard, of which $16,470 is required for the remainder of FY 2015-2016. Funds have been budgeted by the Utilities Department. The remaining contract balance will be funded through FY2016-2017. The term of the contract will be for one year with no extensions. Attachments: Agenda Memo- Lease 6 Trucks Price Sheet- Lease 6 Trucks.xlsx 6. 16-0623 Supply Agreement for Liquid Cationic Polymer for treatment of potable drinking water Motion approving a Supply Agreement with Polydyne Inc. of Riceboro, Georgia for water treatment chemicals in accordance with Bid Invitation No. 116, based on the lowest responsive, responsible bid for an estimated annual expenditure of$345,390.00 of which $57,565.00 is budgeted by the Water Department for the remainder of FY 2015-2016. The terms of the contract will be for one year with options to extend for up to two additional one year periods, subject to the approval of the Supplier and the City Manager or designee. Corpus Christi Page 3 Printed on 7/18/2016 City Council Meeting Agenda-Final-revised July 19,2016 Attachments: Agenda Memo- Liquid Cationic Polymer RFB 116 Bid Tab- Liquid Cationic Polymer.xls Service Agreement- Liquid Cationic Polyner RFB 116 Form 1295-Liquid Cationic Polymer.pdf 7. 16-0739 Change Order No. 2 for the City-Wide Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity (IDIQ) Program Motion authorizing the City Manager, or designee, to execute Change Order No. 2 with National Power Rodding Corporation of Chicago, Illinois in the amount of$596,194.57 for a total restated fee of $3,437,500.00 for the City-Wide Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity (IDIQ) Program (Program). Attachments: Agenda Memo-WW IDIQ Change Order.docx Project Budget- IDIQ CO#2 Location Map- IDIQ Collection System Replacement Presentation -WW IDIQ Change Order No. 2-WW IDIQ.pdf Form 1295-WW IDIQ Change Order 8. 16-0613 Purchase of 30 Cabinet Assemblies with Cobalt Controllers and 5 individual Cobalt Controllers Motion approving the purchase of 30 Cabinet Assemblies with Cobalt Controllers and 5 individual Cobalt Controllers from Paradigm Traffic Systems, Houston, Texas based on a cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard, for the amount of$338,200.00. The Street Department has set aside funds in FY 2015-16 for this procurement. Attachments: Agenda Memo-Cabinet Assembly Price Sheet-Cabinet Assembly with Cobalt Controller.xlsx 9. 16-0670 Resolution for executing the Regional Transportation Authority (RTA) Notification for Additional Funding in 2016 Street Preventative Maintenance Program (SPMP) Resolution authorizing the City Manager or designee to execute the "Notification for Additional Funding in 2016 (Street Maintenance Program)" in an amount of$2,814,839.00 for the Corpus Christi Regional Transportation Authority's fiscal year 2016 allocation to the City's Street Preventative Maintenance Program (SPMP) projects. Corpus Christi Page 4 Printed on 7/18/2016 City Council Meeting Agenda-Final-revised July 19,2016 Attachments: Agenda Memo- Notification for Additional Funding in 2016.docx Resolution -RTA funding for FY 2016 for City's Street Preventative Maintenanc( 2013 RTA Interlocal Agreement.pdf 10. 16-0732 Construction contract for Greenwood Drive from Gollihar Road to Horne Road (Bond 2012, Proposition 1) Motion authorizing the City Manager, or designee, to execute a construction contract with HAAS-Anderson Construction, LTD of Corpus Christi, Texas in the amount of$3,789,579.60 for Greenwood Drive from Gollihar Road to Horne Road for the total base bid. (BOND 2012 Proposition 1) Attachments: Agenda Memo-Greenwood Project Budget-Greenwood Drive Location Map Greenwood Gollihar to Horne Presentation Greenwood Gollihar to Horne Form 1295 Haas Anderson 11. 16-0738 Engineering Design contracts for North Beach Area Road Improvements and Area Beautification and Pedestrian Improvements and Area Enhancements (Bond 2012 - Proposition 8) Motion authorizing the City Manager, or designee, to execute Engineering Design Contracts with LJA Engineering, Inc. of Corpus Christi, Texas in the amount of$130,524.70 for the North Beach Area - Road Improvements and Area Beautification project and $121,358.39 for the North Beach Area - Pedestrian Improvements and Area Enhancements for engineering design services. (Bond 2012, Proposition 8) Attachments: Agenda Memo- North Beach Improvements Prosect Budget- North Beach Improvements.xlsx Location Map- North Beach Improvements.pdf Presentation- North Beach Improvements Contract-AE Agreement LJA E12127 signed.pdf Contract-AE Agreement LJA E12129 signed.pdf E12127 Form 1295.pdf E12129 Form 1295.pdf 12. 16-0740 Construction Inspection Staff Augmentation Contracts Amendment No. 1 Motion authorizing City Manager, or designee, to execute Amendment No. 1 for nine Construction Inspection Staff Augmentation (CISA) contracts totaling $1,846,875 for a total not to exceed amount of $2,291,695 providing augmented Construction Inspection staff within Corpus Christi Page 5 Printed on 7/18/2016 City Council Meeting Agenda-Final-revised July 19,2016 Engineering Services Department. Attachments: Agenda Memo-Staff Augmentation Construction Inspection Presentation -Staff Augmentation Construction Inspection Location Map-Staff Augmentation Construction Inspection.pdf Form 1295-AGCM.pdf Form 1295 LAN Form 1295 LNV.pdf Form 1295-Maverick.pdf Amendment No. 1 to Contract for Professional Services AGCM AM signed.pdf Amendment No. 1 to Contract for Professional Services AGCM DP.pdf Amendment No. 1 to Contract for Professional Services AGCM GDLC.pdf Amendment No. 1 to Contract for Professional Services AGCM MH.pdf Amendment No. 1 to Contract for Professional Services AGCM MC.pdf Amendment No. 1 to Contract for Professional Services AGCM WH.pdf Amendment No. 1 to Contract for Professional Services LAN.pdf Amendment No. 1 to Contract for Professional Services LNV.pdf Amendment No. 1 to Contract for Professional Services Maverick SIGNED.pdf 13. 16-0755 Approving the purchase of Cisco SmartNet maintenance for the City's Network Infrastructure and Internet Equipment Motion authorizing the City Manager or designee to approve the purchase of three years Cisco SmartNet maintenance with Great South Texas Corp dba Computer Solutions of San Antonio, Texas, DIR-TSO-2542, for a total expenditure of$485,731.11. Funds are available in the Information Technology Department FY2015-2016 budget. Attachments: Agenda Memo-Network Mainenance Renewal Quote -SmartNet Computer Solutions 062916 Contract- DIR-TSO-2542 14. 16-0756 Approving the expenditure of Type A funds for the rehabilitation of La Armada II Motion to approve the action of the Corpus Christi Business and Job Development Corporation, authorizing the expenditure of$150,000 of funding to the Corpus Christi Housing Authority for the rehabilitation of La Armada II. Attachments: Agenda Memo-CCHA 150K 15. 16-0737 Resolution authorizing the emergency expenditure for HVAC repair at the American Bank Center Corpus Christi Page 6 Printed on 7/18/2016 City Council Meeting Agenda-Final-revised July 19,2016 Resolution authorizing the emergency expenditure of$70,000 for HVAC repair at the American Bank Center, which was approved by the Corpus Christi Business and Job Development Corporation on May 16, 2016. Attachments: Agenda Memo-Arena HVAC Emergency Expenditure Resolution -Arena HVAC Emergency Expenditure SMG Emergency Request Arena HVAC 051116 CM Approval SMG Emergency Request Arena HVAC 051116 2 16. 16-0734 Second Reading Ordinance - Rezoning property located at 2302 and 2314 Saratoga Boulevard (1st Reading 7/12/16) Case No. 0616-04 Kitty Hawk Development, Ltd.: A change of zoning from the "CG-1" General Commercial District to the "IL" Light Industrial District. The property to be rezoned is described as being a 2.8 acre tract of land encompassing all of Lots 1 through 3, Block 10, Saratoga Place and a portion of Lots 4 through 9 and a portion of Lot 12, Block 10, Saratoga Place, located on the north side of Saratoga Boulevard (State Highway 357) and approximately 120 feet west of Ayers Street. Planning Commission and Staff Recommendation (June 1, 2016): Denial of the change of zoning from the "CG-1" General Commercial District to the "IL" Light Industrial District and, in lieu thereof, approval of the "IC" Industrial Compatible District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Kitty Hawk Development, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to a 2.8 acre tract of land encompassing all of Lots 1 through 3, Block 10, Saratoga Place and a portion of Lots 4 through 9 and a portion of Lot 12, Block 10, Saratoga Place, from the "CG-1" General Commercial District to the "IC" Industrial Compatible District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo-0616-01 Kitty Hawk Development, Ltd. IC Ordinance - Kitty Hawk Development, Ltd IL Ordinance- Kitty Hawk Development, Ltd Aerial Maps- Kitty Hawk Dev., Ltd. Zoning Report-Kitty Hawk Development, Ltd. 17. 16-0735 Second Reading Ordinance - Rezoning property located at 3945 Crosstown Expressway (State Highway 286) (1st Reading 7/12/16) Case No. 0616-02 Coastal King, Ltd.: A change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District. The property to be rezoned is described as Lot 4, Block 4, Roseland Place, located on the northwest corner of Horne Corpus Christi Page 7 Printed on 7/18/2016 City Council Meeting Agenda-Final-revised July 19,2016 Road and Crosstown Expressway (State Highway 286). Planninq Commission and Staff Recommendation (June 1, 2016): Approval of the change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Coastal King, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to Lot 4, Block 4, Roseland Place, from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo-Coastal King, Ltd. Ordinance-Coastal King, Ltd. Aerial Maps-Coastal King, Ltd Zoning Report-Coastal King. Ltd. 18. 16-0736 Second Reading Ordinance - Rezoning property located at 1402 Agnes Street (1st Reading 7/12/16) Case No. 0616-03 J.Z. Auto, LLC: A change of zoning from the "IL" Light Industrial District to the "Cl" Intensive Commercial District. The property to be rezoned is described as Lots 15 and 16, Block 3, Chamberlin's Subdivision, located on the northwest corner of Agnes Street and 12th Street. Planninq Commission and Staff Recommendation (June 15, 2016): Denial of the rezoning from the "IL" Light Industrial District to the "Cl" Intensive Commercial District and, in lieu thereof, approval of the "CI/SP" Intensive Commercial District with a Special Permit subject to three conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by J.Z. Auto, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lots 15 and 16, Block 3, Chamberlin's Subdivision, from the "IL" Light Industrial District to the "CI/SP" Intensive Commercial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Corpus Christi Page 8 Printed on 7/18/2016 City Council Meeting Agenda-Final-revised July 19,2016 Attachments: Agenda Memo-J.Z. Auto, LLC Ordinance -SP-J.Z. Auto, LLC Ordinance -CI -J.Z. Auto, LLC Presentation -JZ Auto revised Zoning Report-J.Z. Auto 19. 16-0743 Second Reading Ordinance -Accepting and appropriating Community Enrichment Funds for park improvements (First Reading 6/21/16) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $650,025.34 in developer contributions, other donations and interest earnings in the 4720 Community Enrichment Fund for park improvements and other related projects as described on the attached and incorporated Exhibit A. Attachments: Agenda Memo-Comm. Enrichment Fds Appropriation 2016 Ordinance with exhibit A-Comm. Enrichment Fds for Appropriation 20. 16-0678 Second Reading Ordinance -Authorizing City Manager or designee to apply for, accept, and appropriate funds for the Texas State Library Archives Commission (TSLAC) items (1st Reading 6/21/16) Ordinance authorizing the City Manager or designee to execute documents to apply for and accept grants and reimbursements from the Texas State Library and Archives Commission (TSLAC); and to appropriate funds from TSLAC in the No. 1068 Library Grant Fund for said City programs. Attachments: Agenda Memo-TSLAC to streamline 2016 Ordinance - TSLAC Grants Approval - 2016 21. 16-0680 Second Reading Ordinance -Authorizing City Manager or designee to appropriate royalties from bequeathed oil, gas, and mineral interest funds to Library fund (1st Reading 6/21/16) Ordinance authorizing City Manager or designee to appropriate royalties received from oil, gas, and mineral interests bequeathed to the Corpus Christi La Retama Central Library by William T. Neyland into the Library Grants fund No 1068. Attachments: Agenda Memo- Neyland Royalties 2016 Ordinance - Neyland Royalties 22. 16-0767 Second Reading Ordinance -Amending City Code Chapter 57 to include revisions for vehicles for hire (1st Reading 6/21/16) Ordinance amending Chapter 57, Article II "TAXICABS" of the Corpus Corpus Christi Page 9 Printed on 7/18/2016 City Council Meeting Agenda-Final-revised July 19,2016 Christi Code; Amending Chapter 57, Article IIIA"LIMOUSINE AND SIGHTSEEING SERVICE" of the Corpus Christi Code; amending Sec. 57-284. - Transportation network company permit fee and Sec. 57-294. -Transportation network vehicles-Inspections of the Corpus Christi Code; providing an effective date, severance, penalty, and publication. Attachments: Agenda Memo-Chapter 57 Ordinance-Vehicle for Hire 23. 16-0750 Second Reading Ordinance -Amending Chapter 9 of the Code of Ordinances to allow for Transportation Network Companies (TNC) to operate at Corpus Christi International Airport(1st Reading 6/21/16) Ordinance amending Chapter 9 of the Code of Ordinances to establish provisions for transportation network companies and transportation network drivers to operate at the Corpus Christi International Airport; and providing for penalties, severance, publication, and an effective date. Attachments: Agenda Memo-Chapter 9-TNC Ordinance-Chapter 9-TNC CCIA Geo-Fence Exhibit Ground Trasportation Vehicle Parking Locations L. EXECUTIVE SESSION: (ITEMS 24 -26) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. If the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The City Council may deliberate and take action in open session on any issue that may be discussed in executive session. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 24. 16-0805 Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining matters, (including litigation) between the City of Corpus Christi and the Corpus Christi Firefighters Association. 25. 16-0731 Executive Session pursuant to Texas Government Code § 551.074 (personnel matters) to deliberate employment issues concerning Appeal to City Council from the Decision of the 580th Civil Service Board Appeal Hearing Regarding Santiago Hernandez 26. 16-0780 Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to Corpus Christi Page 10 Printed on 7/18/2016 City Council Meeting Agenda-Final-revised July 19,2016 consult with attorneys concerning legal issues related to conveyance, lease or sale of City property and pursuant to Texas Government Code § 551.072 to discuss and deliberate the purchase, exchange, lease, and/or value of City-owned property at/near State Highway 286 and/or Ayers Street where deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (NONE) The following items are motions, resolutions and ordinances that will be considered and voted on individually. O. FIRST READING ORDINANCES: (ITEMS 27 -29) 27. 16-0709 First Reading Ordinance -Accepting and appropriating State grant for motor vehicle theft enforcement Ordinance authorizing the City Manager or the City Manager's designee to execute all documents necessary to accept a grant from the Texas Automobile Burglary Theft Prevention Authority (ABTPA) grant in the amount of$410,973 to continue the motor vehicle theft enforcement grant within the Police Department for Year 16, with a City match of $660,714, in-kind match of$55,985 in the No. 1020 Police General Fund, and program income match of$1,020 for a total project cost of $1,128,692; designating the Chief of Police as Program Director and Director of Finance as financial officer for this ABTPA grant; appropriating $410,973 from the ABTPA in the No. 1061 Police Grants Fund; and appropriating $1,020 in program income match in the No. 1061 Police Grants Fund to continue the motor vehicle theft enforcement grant within the Police Department. Attachments: Agenda Memo-ATPA Grant Acceptance 07.19.16.docx Ordinance -ABTPA Grant 2016- Revied 28Jun16 Award Letter-ABTPA FY 17-(official) 28. 16-0748 First Reading Ordinance -Appropriating abandoned/unclaimed monies from the Police Property Room Ordinance appropriating $5,573.49 from abandoned/unclaimed monies from the Police Property Room, changing the FY 2015-2016 Operating Budget adopted by Ordinance No.030620 by increasing revenue and expenditures in the General Fund No. 1020 by $5,573.49 each. Attachments: Agenda Memo- Property room funds 07.19.2016 Ordinance -Abandon Money Appropriation -2016 29. 16-0642 First Reading Ordinance -Accepting and appropriating a State Corpus Christi Page 11 Printed on 7/18/2016 City Council Meeting Agenda-Final-revised July 19,2016 grant and approving a Professional Services Contract for an Aquifer Storage and Recovery (ASR) Feasibility Study Ordinance amending the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to add Project No. E16265 Corpus Christi Aquifer Storage and Recovery (ASR) Feasibility Study; accepting a Texas Water Development Board grant in the amount of$433,388; appropriating $1,099,320 from Raw Water Supply Development Fund No. 4041; and authorizing the City Manager or designee to execute a Professional Services Contract with HDR Engineering, Inc. of Austin, Texas in the amount of $601,980 for an ASR Feasibility Study. Attachments: Agenda Memo-CCASR Ordinance -CCASR Project Budget-CCASR Location Map-CCASR Contract-CCASR Presentation -CCASR InterlocalAgmt-2008-079-CCASR.pdf Form 1295-CCASR TWDB Grant Award Notice-CCASR COF-CCASR P. FUTURE AGENDA ITEMS: (ITEMS 30 - 35) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 30. 16-0415 Approving a service agreement for a chemical vent hood replacement at the Police Department Motion approving a service agreement with Haldeman Homme, Inc. of Minneapolis, Minnesota with offices in Austin, Texas and Houston, Texas for the chemical vent hood replacement at the Corpus Christi Police Department, Forensics Division, in accordance with Bid Event No. 84, based on the lowest, responsive, responsible bid for an amount of$88,215.00. Funds are available in FY 2015-2016. Attachments: Agenda Memo-Vent Hood Replacement Bid Tabulation-Vent Hood Replacement Service Agreement Vent Hood Replacement Form 1295-Signed 31. 16-0745 Approving the purchase of a Peterbilt Encore Light and Air Fire Rescue Unit Motion approving the purchase of a Peterbilt Encore Light and Air Fire Rescue Unit from Siddons-Martin Emergency Group, Houston, Texas Corpus Christi Page 12 Printed on 7/18/2016 City Council Meeting Agenda-Final-revised July 19,2016 for a total amount of$397,000.00. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative (TLGPC), dba BuyBoard. Funds have been budgeted by Fleet Maintenance Services in FY 2015-2016. Attachments: Agenda Memo- Fire Rescue Unit Price Sheet- Fire Rescue Unit 32. 16-0762 Approving Master Agreement for Facilities Multiple Award Contract (FMAC) for the Minor Construction, Repair, Rehabilitation, and Alteration of Facilities Motion authorizing the City Manager or designee to execute a Master Agreement for Facilities Multiple Award Contract (FMAC) for a one-year term with option to renew administratively for up to two one-year periods, with no guaranteed minimum and a maximum aggregate of $2,000,000 per agreement in any one year; authorizing the City Manager or designee to execute all Facilities Multiple Award Contracts thereunder not exceeding $500,000 with the following: Spaw Glass Barcom Construction Cruz Maintenance & Construction, Inc. J E Construction Services (Alternate Contractor) Attachments: Agenda Memo- FMAC Facilities Multiple Award Contract Master Agreement Spaw Glass- FMAC Facilities Multiple Award Contract Master Agreement Barcom - FMAC Facilities Multiple Award Contract Master Agreement Cruz Maintenance - FMAC Facilities Multiple Award Contraci Master Agreement J E Construction - FMAC Facilities Multiple Award Contract Presentation - FMAC Facilities Multiple Award Contract Form 1295 Spaw Glass- FMAC Facilities Multiple Award Contract Form 1295 Barcom -FMAC Facilities Multiple Award Contract Form 1295 Cruz Maintenance -FMAC Facilities Multiple Award Contract Form 1295 J E Construction -FMAC Facilities Multiple Award Contract 33. 16-0594 Approving a service agreement for roof repair at Greenwood Senior Center Motion authorizing the City Manager, or designee, to execute a service agreement with South Texas Metal Roofing of Corpus Christi, Texas, for the roof repair of Greenwood Senior Center, in accordance with Bid Event No. 120, based on lowest, responsive and responsible bid for an amount not to exceed $184,250.00 and an additional 10% project contingency in the amount of$18,425 for unforeseen repairs. Funds have been budgeted through a Certificate of Obligation in FY 2015-2016. Corpus Christi Page 13 Printed on 7/18/2016 City Council Meeting Agenda-Final-revised July 19,2016 Attachments: Agenda Memo Greenwood Senior Roof Repair RFB 120 Bid Tabulation - Event 120 Greenwood Senior Center Roof Repair Service Agreement-Greenwood Senior Center RFB 120 Form 1295-Greenwood Senior Center Roof Repair 34. 16-0712 Lease-purchase of four Peterbilt 367 trucks for Solid Waste Operations Motion approving the lease-purchase of four Peterbilt 367 trucks from Rush Truck Centers of Texas, L.P., of Houston, Texas for a total amount not to exceed $855,000.00. Two trucks will be truck tractors used to pull large refuse trailers and two trucks will be equipped with Heil low lift 22 ft. roll-off beds to carry roll-off refuse containers. The award is based on the cooperative purchasing agreement with the Houston-Galveston Area Council (H-GAC). (2) Peterbilt 367 Haul Truck Tractor (2) Peterbilt 367 with Roll-Off $343,922.00 $456,350.00 Total Lease-Purchase Price $800,272.00 Total Allowable Interest for Lease $54,728.00 Grand Total: $855,000.00 Attachments: Agenda Memo- Peterbilt 367 Trucks Price Sheet- Peterbilt 367 Trucks 35. 16-0753 Resolution authorizing a natural gas supply contract Resolution authorizing the City Manager, or the City Manager's designee, to execute a five-year natural gas supply contract with NextEra Energy Power Marketing, LLC ("NextEra"), Juno Beach, Florida for an estimated amount$125,000,000.00, of which $1,500,000.00 is needed for the remainder of the FY 2015-2016, for the purchase of 100% of the City's natural gas requirement from August 1, 2016 to July 31, 2021. Attachments: Agenda Memo-Natural Gas Supply Resolution -Gas Supply Contract v3 Contract-Corpus Natural Gas Supply (Final 7-15-16) NEPM Form 1295 Q. BRIEFINGS: (ITEMS 36 - 38) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. Council may give direction to the City Corpus Christi Page 14 Printed on 7/18/2016 City Council Meeting Agenda-Final-revised July 19,2016 Manager, but no other action will be taken and no public comment will be solicited. 36. 16-0764 Code of Ethics Recommendations from the Ethics Commission - Presented by Dr. Haysam Dawod, Chair Attachments: Agenda Memo- Ethics Code Presentation - Ethics Commission Code of Ethics July 19 2016 V2 Draft Ordinance -Ethics Code 37. 16-0812 Water Supply (Discovery) - Demands Attachments: Agenda Memo-Water Supply (Discovery) - Demands Presentation -Water Supply Discovery-Demands 38. 16-0822 Proposed Ballot Language for November 2016 Special Election Attachments: Agenda Memo- Ballot Language Special Election 2016 Draft Ordinance -Special Election--6 R. ADJOURNMENT Corpus Christi Page 15 Printed on 7/18/2016 Cornus Christi 1201 Leopard Street F' Corpus Christi,TX 78401 y cctexas.com Meeting Minutes City Council Tuesday,July 12,2016 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Nelda Martinez to call the meeting to order. Mayor Martinez called the meeting to order. B. Invocation to be given by Pastor Rod Young, Church of Hope. Pastor Rod Young gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Steve Viera, Interim Director of Human Resources and Benefits. Interim Director of Human Resources Steve Viera led the Pledge of Allegiance. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: Interim City Manager Margie C. Rose, City Attorney Miles K. Risley, City Secretary Rebecca Huerta Present: 9- Mayor Nelda Marti nez,Council Member Rudy Garza,Council Member Michael Hunter,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lucy Rubio,Council Member Brian Rosas,Council Member Mark Scott, and Council Member Carolyn Vaughn E. Proclamations /Commendations 1. Proclamation declaring July 11-15, 2016, "National Disability Voter Registration Week". Proclamation declaring July 16, 2016, "Mandela Day in Corpus Christi". Recognition of Mayor's July 4th Big Bang Celebration Essay Contest Winner, Ms. Yuna Jung. Mayor Martinez presented the proclamations. Mayor Martinez recognized Ms. Yuna Jung, winner of the Mayor's July 4th Big Bang Celebration Essay Corpus Christi Page 1 Printed on 7/15/2016 City Council Meeting Minutes July 12,2016 Contest, and presented her with a Certificate of Commendation. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Martinez deviated from the agenda and referred to City Manager's Comments. Interim City Manager Margie C. Rose discussed the following topics: a. OTHER 1) The City of Corpus Christi, in partnership with Reliant Energy, have established two cooling centers at Lindale Senior Center and Greenwood Senior Center. The cooling centers are open Monday through Friday from 8:00 a.m.to 4:00 p.m. until the end of September. For the past seven years, the City and Reliant Energy have offered the residents a comfortable place to stay during the day to help minimize their electricity usage at home.2) Interim City Manager Rose announced the appointment of Gilbert Hernandez as Director of Municipal Court. 3)Interim City Manager Rose stated that the City of Corpus Christi would like to extend our sympathies to the City of Dallas and the families of the officers who died in the line of duty last week. In commemoration,the Corpus Christi Police Department's Honor Guard and Chief of Police Mike Markle will be representing the City of Corpus Christi and the Corpus Christi Police Department in Dallas, Texas this week to mourn the fallen officers. Mayor Martinez asked those present in the Council Chambers to stand in silence to honor and support the men and women of the Corpus Christi Police Department and law enforcement. H. MINUTES: 2. Regular Meeting of June 21, 2016 Mayor Martinez referred to approval of the minutes.A motion was made by Council Member Magill,seconded by Council Member Garza, that the Minutes be passed. The motion carried by a unanimous vote. I. BOARD &COMMITTEE APPOINTMENTS: 3. Corpus Christi Business and Job Development Corporation (Type A) Planning Commission Mayor Martinez referred to board and committee appointments. The following appointments were made: Corpus Christi Business and Job Development Corporation Council Member Garza made a motion to reappoint Bart Braselton, Debbie Lindsey-Opel and Randy L. Maldonado,seconded by Council Member McIntyre and passed unanimously. Planning Commission Corpus Christi Page 2 Printed on 7/15/2016 City Council Meeting Minutes July 12,2016 Council Member McIntyre made a motion to reappoint Jeremy Baugh and Eric Villarreal,seconded by Council Member Magill and passed unanimously. Council Member McIntyre made a motion to appoint Daniel M. Dibble, seconded by Council Member Rubio and passed unanimously. F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Mayor Martinez deviated from the agenda and referred to comments from the public. Jack Gordy,4118 Bray,spoke regarding the Property Maintenance Code which requires that address numbers be visible from the street and enforcement of these violations. Susie Luna Saldana,4710 Hakel and on behalf of LULAC Council No. 1 and Ccause United Teachers and School Employees, spoke in support of all police officers and invited the City Council and public to a community rally being held on Labor Day to show support to police officers. Abel Alonzo, 1701 Thames,spoke regarding the changes he made in life from a former gang member to being a strong supporter of police officers. Steve Harrison, 118 Rossiter,spoke regarding the length of time for placing out bulk trash and the street system. Marcus Haas, 4530 Driftwood, and William Thompson, 8326 Salsa,spoke in support of Item 17, an ordinance to allow for Transportation Network Companies (TNC)to operate at the Corpus Christi International Airport. Barbara Brinkman,4802 Marie, spoke regarding the need to enforce various City Codes related to Animal Care. Ms. Brinkman requested consideration to create ordinances related to breeding and mandatory spay and neutering. Cheryl Martinez, 3938 Surfside,spoke regarding positions needed at Animal Care Services and requested consideration to increase funding during budget discussions.James Klein, 3501 Monterrey, informed the City Council of an event scheduled for July 31, 2016 to commemorate the 50th Anniversary of the 1966 Farm Workers'March. The march will take place at the Old City Hall Park from 1:00 p.m.to 3:00 p.m. Melissa Zamora, 3917 Brawner Parkway; Dorothy Pena, 5906 Cinnamon Oaks; and Rachel O'Reilly, 925 Park spoke on behalf of For the Greater Good of South Texas regarding local government providing safe, reliable drinking water, a safe environment, and quality infrastructure and the effects the recent water boil had on citizens in the community. Carrie Robertson Meyer,4401 Gulfbreeze Boulevard,spoke regarding the new Harbor Bridge design and requested a town hall meeting, with representatives from the Texas Department of Transportation (TXDOT) and city staff, be held on North Beach to discuss the impact on traffic at Beach Avenue.Judy Telge, 3554 Santa Fe, made comments related to Agenda Item 12, approval of the FY2016-2017 Comprehensive Annual Action Plan, and the lack of extremely low income rental housing in the City. Gloria Scott,4422 S. Alameda, requested that the City Council direct the Texas Historical Commission to explore the possibility of designating the northwest area of Corpus Christi a historical site. Corpus Christi Page 3 Printed on 7/15/2016 City Council Meeting Minutes July 12,2016 J. EXPLANATION OF COUNCIL ACTION: Mayor Martinez referred to Item J., Explanation of Council Action. City Secretary Rebecca Huerta stated that this section of the agenda allows for the City Council to make motions to reconsider. City Secretary Huerta stated that she was informed that Item 19 on the June 21,2016 City Council agenda may need to be reconsidered. This item is regarding the City Charter amendments proposed for the November 2016 ballot. The City Council may reconsider an item as long as it is reconsidered at the next regularly scheduled City Council meeting by someone on the prevailing side, and would require a two-thirds vote of the City Council to pass. Council Member Vaughn made a motion to reconsider Item 19 on the June 21, 2016 City Council agenda regarding the City Charter amendments proposed for the November 2016 ballot,seconded by Council Member Garza. The motion to reconsider was passed and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: M2016-070 MOTION OF DIRECTION Council Member Vaughn made a motion directing the Interim City Manager to remove Proposition 3 regarding council compensation from the list of proposed charter amendments,seconded by Council Member Magill and passed unanimously. MOTION OF DIRECTION Council Member Vaughn made a motion directing the Interim City Manager to move forward with Propositions 1, 2,4-8, 10 and 11, seconded by Council Member Magill. This motion of direction was passed and approved with the following vote: Mayor Martinez, Council Members Scott,Vaughn, Garza, Hunter, Magill, McIntyre, and Rosas,voting "Aye", Council Member Rubio voting "No". K. CONSENT AGENDA: (ITEMS 4 - 5) Approval of the Consent Agenda Mayor Martinez referred to the Consent Agenda. There were no comments from the Council or the public. A motion was made by Council Member Garza, seconded by Council Member Rubio, to approve the Consent Agenda. The consent agenda items were approved by one vote as follows: Corpus Christi Page 4 Printed on 7/15/2016 City Council Meeting Minutes July 12,2016 Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 4. Second Reading Ordinance - CenturyLink Communications, LLC renewal of Conduit Use Agreement for Telecommunications (1 st Reading 6/21/16) Ordinance authorizing the City Manager, or designee, to execute a ten-year Conduit Use Agreement with CenturyLink Communications, L.L.C., to install and maintain telecommunications facilities within city conduit located in Ocean Drive right-of-way between Ennis Joslin Road and Sand Dollar Blvd. in consideration of$7,886.00 annual revenue payment, to be increased by 4% annually. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030885 5. Second Reading Ordinance -Amending lease agreement to add additional parking spaces for lesee of City parking lot located at Mann Street and Mesquite Street(1st Reading 6/21/16) Ordinance authorizing the City Manager or designee to execute an amendment to the lease agreement with the Results Companies for the City parking lot located at Mann Street and Mesquite Street to allow the lease of the entire City parking lot This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030886 M. PUBLIC HEARINGS: (ITEMS 9 - 11) 9. Public Hearing and First Reading Ordinance - Rezoning property located at 2302 and 2314 Saratoga Boulevard Case No. 0616-04 Kitty Hawk Development, Ltd.: A change of zoning from the "CG-1" General Commercial District to the "IL" Light Industrial District. The property to be rezoned is described as being a 2.8 acre tract of land encompassing all of Lots 1 through 3, Block 10, Saratoga Place and a portion of Lots 4 through 9 and a portion of Lot 12, Block 10, Saratoga Place, located on the north side of Saratoga Boulevard (State Highway 357) and approximately 120 feet west of Ayers Street. Planning Commission and Staff Recommendation (June 1, 2016): Denial of the change of zoning from the "CG-1" General Commercial Corpus Christi Page 5 Printed on 7/15/2016 City Council Meeting Minutes July 12,2016 District to the "IL" Light Industrial District and, in lieu thereof, approval of the "IC" Industrial Compatible District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Kitty Hawk Development, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to a 2.8 acre tract of land encompassing all of Lots 1 through 3, Block 10, Saratoga Place and a portion of Lots 4 through 9 and a portion of Lot 12, Block 10, Saratoga Place, from the "CG-1" General Commercial District to the "IC" Industrial Compatible District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez deviated from the agenda and referred to Item 9. Interim Director of Development Services Daniel McGinn stated that the purpose of this item is to rezone the subject property to allow for light industrial for the construction of a fencing company with a 5,000-square foot building and limited outside storage. The subject tract is adjacent to the Air Installation Compatible Use Zone (AICUZ)surrounding Cabaniss Field. It is staff's opinion that the requested "IL" Light Industrial zoning could negatively impact the surrounding area by allowing uses that could result in the congregatation of large groups of people and uses that could impact flight operations. Mr. McGinn stated that the Planning Commission and staff recommend denial of the "IL" District and, in lieu thereof, approval of the "IC" Industrial Compatible District. Mayor Martinez opened the public hearing. There were no comments from the public. Mayor Martinez closed the public hearing. Council members spoke regarding the following topics: an explanation of why the "IL" District could impact flight operations; compatible uses in the AICUZ area;safety concerns for businesses and neighborhoods within the area; and the Joint Land Use Study(JLUS) recommendations to accommodate the future of U.S. Navy operations. Council Member Garza made a motion to approve the ordinance,seconded by Council Member McIntyre. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 10. Public Hearing and First Reading Ordinance - Rezoning property located at 3945 Crosstown Expressway (State Highway 286) Case No. 0616-02 Coastal Kinci, Ltd.: A change of zoning from the Corpus Christi Page 6 Printed on 7/15/2016 City Council Meeting Minutes July 12,2016 "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District. The property to be rezoned is described as Lot 4, Block 4, Roseland Place, located on the northwest corner of Horne Road and Crosstown Expressway (State Highway 286). Planninq Commission and Staff Recommendation (June 1, 2016): Approval of the change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Coastal King, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to Lot 4, Block 4, Roseland Place, from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 10. Interim Director of Development Services Daniel McGinn stated that the purpose of this item is to rezone the subject property to allow for development of a carwash. Mr. McGinn stated that the Planning Commission and staff are in favor of the zoning change. Mayor Martinez opened the public hearing. There were no comments from the Council or the public. Mayor Martinez closed the public hearing. Council Member Garza made a motion to approve the ordinance,seconded by Council Member McIntyre. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 11. Public Hearing and First Reading Ordinance - Rezoning property located at 1402 Agnes Street Case No. 0616-03 J.Z. Auto, LLC: A change of zoning from the "IL" Light Industrial District to the "Cl" Intensive Commercial District. The property to be rezoned is described as Lots 15 and 16, Block 3, Chamberlin's Subdivision, located on the northwest corner of Agnes Street and 12th Street. Planning Commission and Staff Recommendation (June 15, 2016): Denial of the rezoning from the "IL" Light Industrial District to the "Cl" Intensive Commercial District and, in lieu thereof, approval of the "CI/SP" Intensive Commercial District with a Special Permit subject to Corpus Christi Page 7 Printed on 7/15/2016 City Council Meeting Minutes July 12,2016 three conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by J.Z. Auto, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lots 15 and 16, Block 3, Chamberlin's Subdivision, from the "IL" Light Industrial District to the "CI/SP" Intensive Commercial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 11. Interim Director of Development Services Daniel McGinn stated that the purpose of this item is to rezone the subject property to allow for the expansion of the existing car repair business and expand with reduced set backs for both the side and rear yards of the property. Mr. McGinn stated that the Planning Commission and staff recommend denial of the"IL"to the "Cl" District and, in lieu thereof, approval of the "CI/SP" Intensive Commercial District with a Special Permit subject to three conditions. Mayor Martinez opened the public hearing, there were no comments from the public. Mayor Martinez closed the public hearing. Interim Director McGinn and Michael Gunning responded to council members who spoke regarding the following topics:whether the business abutts a neighborhood;the allowable uses in the current"IL" and "CUSP" uses; notification to the adjacent neighbors; whether the applicant is in agreement with the "CUSP"zoning; the setback with the existing uses; and Planning Commission and staff working creatively with businesses to foster business activity in the community. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Scott. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member McIntyre Abstained: 0 N. REGULAR AGENDA: (ITEM 12) 12. Second Reading Ordinance regarding the City of Corpus Christi's proposed FY2016-2017 Consolidated Annual Action Plan (1st Reading 6/21/16) Ordinance to adopt the fiscal year (FY) 2016-2017 Consolidated Annual Action Plan (CAAP), for the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and the HOME Corpus Christi Page 8 Printed on 7/15/2016 City Council Meeting Minutes July 12,2016 Investment Parterships (HOME) Programs; to authorize the City Manager or designee to submit the FY2016-2017 CAAP to the U.S. Department of Housing and Urban Development (HUD), and to amend if required by HUD; to authorize the City Manager or designee to execute all documents necessary to accept and appropriate upon receipt the grants from HUD into the Grant Fund No. 1059 for the approved FY2016-2017 CAAP projects and further to execute funding agreements and all other documents necessary to implement the FY2016-2017 CAAP with organizations of approved projects. Mayor Martinez referred to Item 12. Director of Housing and Community Development Rudy Bentancourt stated that the purpose of this item is to adopt the FY2016-2017 Consolidated Annual Action Plan for the Community Development Block Grant(CDBG), Emergency Solutions Grant(ESG)and the HOME Investment Partnerships (HOME) Programs. Council members spoke regarding the following topics:future discussion on repurposing existing projects for very low income affordable housing projects; descriptions of the CDBG Police-Demolition Program and CDBG Police-Code Enforcement Program; and clarifying that the HOME Affordable Housing Project/Program is not dedicated to a specific program or project. There were no comments from the public. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Scott. This Ordinance was passed on second reading and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member McIntyre Abstained: 0 Enactment No: 030887 L. EXECUTIVE SESSION: (ITEMS 6 - 8) Mayor Martinez deviated from the agenda and referred to the day's executive sessions. The Council went into executive session. 6. Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining matters, (including litigation) between the City of Corpus Christi and the Corpus Christi Firefighters Association. This E-Session Item was discussed in executive session. 7. Executive Session pursuant to Section Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the removal of Harbor Bridge and pursuant to Texas Government Code § 551.072 to deliberate the purchase, exchange, lease, or value of real Corpus Christi Page 9 Printed on 7/15/2016 City Council Meeting Minutes July 12,2016 property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person, related to the removal of Harbor Bridge. This E-Session Item was discussed in executive session. 8. Executive Session pursuant to Texas Government Code § 551.074 (Personnel Matters) to discuss the appointment, employment, and duties of public officers or employees, including, but not limited to, the position of the City Manager. Mayor Martinez referred to Item 8 and the following motions was considered: Motion to appoint Margie C. Rose as City Manager. Council Member McIntyre made a motion to approve the motion,seconded by Council Member Rubio. This Motion was passed and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: M2016-071 Motion to authorize the Mayor to negotiate an employment agreement with Margie C. Rose, with execution subject to City Council approval. Council Member Magill made a motion to approve the motion, seconded by Council Member Rubio. This Motion was passed and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: M2016-072 O. FIRST READING ORDINANCES: (ITEMS 13 - 17) 13. First Reading Ordinance -Accepting and appropriating Community Enrichment Funds for park improvements Ordinance authorizing the City Manager or designee to execute all Corpus Christi Page 10 Printed on 7/15/2016 City Council Meeting Minutes July 12,2016 documents necessary to accept and appropriate $650,025.34 in developer contributions, other donations and interest earnings in the 4720 Community Enrichment Fund for park improvements and other related projects as described on the attached and incorporated Exhibit A. Mayor Martinez referred to Item 13. Interim Director of Parks and Recreation Stacie Talbert Anaya stated that the purpose of this item is to accept and appropriate $650,025.34 in developer contributions, other donations and interest earnings in the Community Enrichment Fund for park improvements and other related projects. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the ordinance,seconded by Council member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 14. First Reading Ordinance -Authorizing City Manager or designee to apply for, accept, and appropriate funds for the Texas State Library Archives Commission (TSLAC) items Ordinance authorizing the City Manager or designee to execute documents to apply for and accept grants and reimbursements from the Texas State Library and Archives Commission (TSLAC); and to appropriate funds from TSLAC in the No. 1068 Library Grant Fund for said City programs. Mayor Martinez referred to Item 14. Library Director Laura Garcia stated that the purpose of this item is to execute documents to apply for and accept grants and reimbursements from the Texas State Library and Archives Commission. There were no comments for the Council or the public. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Magill. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 15. First Reading Ordinance -Authorizing City Manager or designee to appropriate royaties from bequeathed oil, gas, and mineral interest funds to Library fund Corpus Christi Page 11 Printed on 7/15/2016 City Council Meeting Minutes July 12,2016 Ordinance authorizing City Manager or designee to appropriate royalties received from oil, gas, and mineral interests bequeathed to the Corpus Christi La Retama Central Library by William T. Neyland into the Library Grants fund No 1068. Mayor Martinez referred to Item 15. Library Director Laura Garcia stated that the purpose of this item is to appropriate royalties received from oil, gas, and mineral interests bequeathed to the Corpus Christi La Retama Central Library by William T. Neyland. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Magill. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 16. First Reading Ordinance -Amending City Code Chapter 57 to include revisions for vehicles for hire Ordinance amending Chapter 57, Article II "TAXICABS" of the Corpus Christi Code; Amending Chapter 57, Article IIIA "LIMOUSINE AND SIGHTSEEING SERVICE" of the Corpus Christi Code; amending Sec. 57-284. - Transportation network company permit fee and Sec. 57-294. - Transportation network vehicles-Inspections of the Corpus Christi Code; providing an effective date, severance, penalty, and publication. Mayor Martinez referred to Item 16. Interim Assistant City Manager Jay Ellington stated that the purpose of this item is to amend the City of Corpus Christi's Code of Ordinances, Chapter 57,Articles II and IIIA, Sections 57-284 and 57-294 regarding vehicles-for-hire. Interim Assistant City Manager Ellington highlighted the following: Section 57-35, related to the certificate of operation fee which shall be in an amount equal to 2%or a combination, whichever is less; and Section 57-80, related to the State of Texas registration sticker. Police Captain William Breedlove and Assistant City Attorney Buck Brice were available to respond to questions. Council members and the presentation team spoke regarding the following topics: the removal of the fare caps; industry discussions related to fare caps; items amended in the ordinance that the City Council did not give direction on including: housekeeping measures; contract drivers; grandfathering certificates of operation; identification cards;taxicabs and vehicle-for-hire permit consolidation; limousine services, including black car service (mirroring the language from the City of Houston);the ability to have a supplemental license for limousines;the tiered fee schedule; whether TNCs have a fare cap; and if taxi rates are required to be posted in vehicles. Mayor Martinez called for comments from the public. Dan Stiefel, 6773 Wood Iron Drive, provided information on taxi cab rates and fee schedules. Corpus Christi Page 12 Printed on 7/15/2016 City Council Meeting Minutes July 12,2016 Council Member McIntyre made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 17. First Reading Ordinance -Amending Chapter 9 of the Code of Ordinances to allow for Transportation Network Companies (TNC) to operate at Corpus Christi International Airport Ordinance amending Chapter 9 of the Code of Ordinances to establish provisions for transportation network companies and transportation network drivers to operate at the Corpus Christi International Airport; and providing for penalties, severance, publication, and an effective date. Mayor Martinez referred to Item 17. Director of Aviation Fred Segundo stated that the purpose of this item is to amend the City of Corpus Christi's Code of Ordinances, Chapter 9,to allow for Transportation Network Companies (TNC) and their drivers to operate at the Corpus Christi International Airport(Airport). The amendment will allow TNCs to enter into an airport operating agreement on an annual basis for a fee not to exceed$600 to allow the TNCs to adopt a geofence, or establish their own, in order to track the TNC drivers doing business at the Airport; and allow for TNC drivers to pick up passengers at curbside with a trip fee of$2.00. In addition, TNCs will have to comply with the Airport's ground transportation rules and regulations which encompass all vehicles-for-hire at the Airport. Mr. Segundo stated that time constraints did not allow staff to present the ordinance to the Airport Board, however, the board did recommend the $2.00 trip fee, curbside pickup, and TNCs would be allowed to operate under an agreement and comply with the ground transportation rules and regulations. Mayor Martinez called for comments from the public. Dan Steifel, 6773 Wood Iron Drive,spoke regarding TNCs getting the upper hand to be able to have curbside pickup whereas taxicabs are not allowed in this area and the use of geofence for taxicabs. Dennis Gilley, 5101 Golden Eye,spoke in support of the ordinance. Judy Tandy, 1330 Peterson Drive,spoke regarding the loading and pickup regulations that apply to taxicabs at the Airport and taxicabs not having the ability to wait for pickups. Council members and Mr. Segundo discussed the following topics:the reason for allowing TNCs to pickup curbside; Chapter 57 prohibiting TNCs from picking up passengers in the taxicab stand area and loading zone;signage to designate the TNC area;the ability to transfer the permit that vehicles receives from the Airport from vehicle to another;the reqiurement that taxicabs must call the Airport for pickups;the automatic vehicle identification (AVI)tag permit system; and tracking of the geofencing for TNCs and taxicabs. Council Member McIntyre made a motion to approve the ordinance,seconded Corpus Christi Page 13 Printed on 7/15/2016 City Council Meeting Minutes July 12,2016 by Council Member Rosas. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 18 - 30) Mayor Martinez referred to Future Agenda Items. City Manager Margie C. Rose stated that staff had planned presentations on Items 22,27, and 29. Council members requested information on Items 18,20,23, and 28. 18. Resolution ratifying the submission of a grant application for the Man-Portable X-ray Units project Resolution ratifying the submission of a grant application in the amount of$82,985.59 to the Office of the Governor for the Man-Portable X-ray Units project; and authorizing the City Manager or the City Manager's designee to accept, reject, alter or terminate the grant. This Resolution was recommended to the consent agenda. 19. Resolution ratifying the submission of a grant application for SWAT Ballistic Protection Equipment Resolution ratifying the submission of a grant application in the amount of$181,873.20 to the Office of the Governor for the SWAT Ballistic Protection Equipment project; and authorizing the City Manager or the City Manager's designee to accept, reject, alter or terminate the grant. This Resolution was recommended to the consent agenda. 20. Approving the lease of six trucks for the Utilities Department Motion approving the lease of six trucks from PV Rentals, for the amount of$65,880 based on a cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative, dba BuyBoard, of which $16,470 is required for the remainder of FY 2015-2016. Funds have been budgeted by the Utilities Department. The remaining contract balance will be funded through FY2016-2017. The term of the contract will be for one year with no extensions. This Motion was recommended to the consent agenda. 21. Supply Agreement for Liquid Cationic Polymer for treatment of potable drinking water Motion approving a Supply Agreement with Polydyne Inc. of Riceboro, Corpus Christi Page 14 Printed on 7/15/2016 City Council Meeting Minutes July 12,2016 Georgia for water treatment chemicals in accordance with Bid Invitation No. 116, based on the lowest responsive, responsible bid for an estimated annual expenditure of$345,390.00 of which $57,565.00 is budgeted by the Water Department for the remainder of FY 2015-2016. The terms of the contract will be for one year with options to extend for up to two additional one year periods, subject to the approval of the Supplier and the City Manager or designee. This Motion was recommended to the consent agenda. 22. Change Order No. 2 for the City-Wide Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity (IDIQ) Program Motion authorizing the City Manager, or designee, to execute Change Order No. 2 with National Power Rodding Corporation of Chicago, Illinois in the amount of$596,194.57 for a total restated fee of $3,437,500.00 for the City-Wide Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity (IDIQ) Program (Program). This Motion was recommended to the consent agenda. 23. Purchase of 30 Cabinet Assemblies with Cobalt Controllers and 5 individual Cobalt Controllers Motion approving the purchase of 30 Cabinet Assemblies with Cobalt Controllers and 5 individual Cobalt Controllers from Paradigm Traffic Systems, Houston, Texas based on a cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard, for the amount of$338,200.00. The Street Department has set aside funds in FY 2015-16 for this procurement. This Motion was recommended to the consent agenda. 24. Resolution for executing the Regional Transportation Authority (RTA) Notification for Additional Funding in 2016 Street Preventative Maintenance Program (SPMP) Resolution authorizing the City Manager or designee to execute the "Notification for Additional Funding in 2016 (Street Maintenance Program)" in an amount of$2,814,839.00 for the Corpus Christi Regional Transportation Authority's fiscal year 2016 allocation to the City's Street Preventative Maintenance Program (SPMP) projects. This Resolution was recommended to the consent agenda. 25. Construction contract for Greenwood Drive from Gollihar Road to Horne Road (Bond 2012, Proposition 1) Corpus Christi Page 15 Printed on 7/15/2016 City Council Meeting Minutes July 12,2016 Motion authorizing the City Manager, or designee, to execute a construction contract with HAAS-Anderson Construction, LTD of Corpus Christi, Texas in the amount of$3,789,579.60 for Greenwood Drive from Gollihar Road to Horne Road for the total base bid. (BOND 2012 Proposition 1) This Motion was recommended to the consent agenda. 26. Engineering Design contracts for North Beach Area Road Improvements and Area Beautification and Pedestrian Improvements and Area Enhancements (Bond 2012 - Proposition 8) Motion authorizing the City Manager, or designee, to execute Engineering Design Contracts with LJA Engineering, Inc. of Corpus Christi, Texas in the amount of$130,524.70 for the North Beach Area - Road Improvements and Area Beautification project and $121,358.39 for the North Beach Area - Pedestrian Improvements and Area Enhancements for engineering design services. (Bond 2012, Proposition 8) This Motion was recommended to the consent agenda. 27. Construction Inspection Staff Augmentation Contracts Amendment No. 1 Motion authorizing City Manager, or designee, to execute Amendment No. 1 for nine Construction Inspection Staff Augmentation (CISA) contracts totaling $1,846,875 for a total not to exceed amount of $2,291,695 providing augmented Construction Inspection staff within Engineering Services Department. This Motion was recommended to the consent agenda. 28. Approving the purchase of Cisco SmartNet maintenance for the City's Network Infrastructure and Internet Equipment Motion authorizing the City Manager or designee to approve the purchase of three years Cisco SmartNet maintenance with Great South Texas Corp dba Computer Solutions of San Antonio, Texas, DIR-TSO-2542, for a total expenditure of$485,731.11. Funds are available in the Information Technology Department FY2015-2016 budget. This Motion was recommended to the consent agenda. 29. Approving the expenditure of Type A funds for the rehabilitation of La Armada II Corpus Christi Page 16 Printed on 7/15/2016 City Council Meeting Minutes July 12,2016 Motion to approve the action of the Corpus Christi Business and Job Development Corporation, authorizing the expenditure of$150,000 of funding to the Corpus Christi Housing Authority for the rehabilitation of La Armada II. This Motion was recommended to the consent agenda. 30. Resolution authorizing the emergency expenditure for HVAC repair at the American Bank Center Resolution authorizing the emergency expenditure of$70,000 for HVAC repair at the American Bank Center, which was approved by the Corpus Christi Business and Job Development Corporation on May 16, 2016. This Resolution was recommended to the consent agenda. Q. BRIEFINGS: (ITEMS 31 - 32) 31. Management Review of Engineering Services Mayor Martinez referred to Item 31.Assistant Director of Strategic Management Saundra Thaxton stated that the purpose of this item is to present the results of the Management Review of the Engineering Services Department. The study was conducted as part of the City's overall continuous improvement program to identify gaps, improvements needed within the department, benchmarks and look at best practices. Recommendations are integrated into an implementation plan, reviewed in detail and approved by the City Manager, and built into the Annual Business Plans.Assistant Director Thaxton provided the following overview: a review of the prior assessments performed by Strategic Management; a chronology of events that have occurred over the last two years in the Engineering Services Department; a background on Frank C. Brogan Consulting; and a schedule overview. Frank Brogan, Brogan Consulting, stated that the purpose of the management review was to improve process improvements and review the performance of the Engineering Services Department. Mr. Brogan said the objectives of the review included: providing an independent evaluation, review staffing and processes, and the expectations placed on the department. The review included: a series of interviews with city staff, augmented staff, consulting engineering firms, contractors,former city staff and the chairman of the Street Committee; an analysis of information; the department's recent improvements; and evaluations and recommendations. Mr. Brogan highlighted the following areas of the review: staffing resources, organization,staffing versus workload; salary issues;the architecture/engineering consultant process; construction, and change order processes; engineering fees; administrative fees, accountability; potential conflicts of interest;the reputation of the engineering department; and expectations. Mr. Brogan reported the following conclusions: turnover and inadequate staff resources are a critical problem; augmented staff is a"stop-gap"temporary solution that is not fully effective; the salary structure must be improved;the need to create two new assistant director positions; processes must be improved; and bond programs must be better formulated and executed. Corpus Christi Page 17 Printed on 7/15/2016 City Council Meeting Minutes July 12,2016 Director of Engineering Services Jeff Edmonds stated that the department concurs with most of the recommendation and many of the recommendations align with initiatives already underway. Mr. Edmonds provided the following information: an overview of the implementation plan and goals;the immediate actions required;the current staffing gaps and remedies;staffing contracts; the benefits of augmented staff and their accomplishments. Executive Director of Public Works Valerie Gray and Interim Director of Human Resources Steve Viera responded to council members'questions. Council members spoke regarding the following topics: documenting standard operating procedures; changes to the contract approval process; the drivers and opportunities in the private sector other than salary; a survey of other cities with similar turnover rates; the silo effect versus cradle-to-grave project management;support from the City Council;the use of contract staffing; an update on the hiring process; what other cities are doing to solve staffing issues; and recruiting efforts by the Human Resources Department. 32. FY 2015 Audited Comprehensive Annual Financial Report (CAFR) Mayor Martinez referred to Item 32. Director of Financial Services Constance Sanchez stated that the purpose of this item is to provide a presentation on the FY2015 audited Comprehensive Annual Financial Report(CAFR). John Shepherd, Partner with Collier,Johnson &Woods, P.C.,stated that the objectives of the presentation include: providing an outline of the information that is contained in the CAFR; reviewing the government-wide net positions and activities of the City; and reviewing the impact of the net pension, including new net pension standards that were implemented in the current year. Mr. Shepherd provided a brief overview of the following:the table of contents;the introduction section; the financial section which includes the auditor's report and management's discussion and analysis; fund information, and the statistical sections in the CAFR. Mr. Shepherd referred to the Emphasis of Matter portion of the independent auditor's report. The Emphasis of a Matter addresses that the City implemented the Governmental Accounting Standards Board's (GASB) Statements No. 68 and 71 related to accounting for pensions. The reasons for the emphasis is related to the material impact it has on the City's net position. Mr. Shepard presented information on the City's benefit plans;the deferred outflows related to pension liability; net pension liability;the unrestricted net position;the breakdown with implementing GASB 68 &71; and the schedule of contributions. Council members spoke regarding the following topics:the net pension liability;the percentage of public safety activities;the impact for implementing GASB; the projections for annual repeating;the schedule of contributions; blended discounted rates for benefits; other post employment benefits;why retirees are paying a lesser rate; concern with having a deficit; increasing Texas Municipal Retirement System contributions from 1%to 2%; and the impact on the budget as a result of changes to benefits. R. ADJOURNMENT The meeting was adjourned at 7:55 p.m. Corpus Christi Page 18 Printed on 7/15/2016 City Of Corpus Christi ETHICS COMMISSION BOARD DETAILS The Ethics Commission, in addition to having jurisdiction SIZE • Seats over complaints involving any"city official",are to prepare and publish pamphlets and other materials explaining the duties TERM LENGTH 3 Years of individuals subject to the code of ethics;review all statements and reports filed with the city;annually review the OVERVIEWTERM LIM IT 6 Years code of ethics and make appropriate recommendations to the citycouncil; review all public opinions related to the code of ethics that are issued bythe city attorney;prepare and disseminate a report listing all campaign contributions and expenditures for each candidate within 30 days following the deadline for filing the last campaign finance reports for each citycouncil election.The commission shall have such meetings as maybe necessaryto fulfill its responsibilities. The chairperson or anythree (3) members maycall a meeting provided that reasonable notice is given to each member.The commission shall meet at least once a year. The date of the annual meeting shall be in September.The commission shall complywith the Texas Open Meetings Act. COMPOSITION Nine members appointed by a two-thirds vote of the full council. Norninations are to ■ be solicited from a w ide variety of professional and community organizations in the ■ city,but interested individuals may also submt their names for consideration. ■� Initially,the terms of three members shall be one year,and the initial terms of another three members shall be two years.The persons having such shorter terms shall be determned by lot. No holding over is pernitted except as expressly DETAILS provided in the Code of Ethics.The commission shall elect a Chairperson and a V ice-Chairperson. CREATION 1 AUTHORITY Section 2-320,Code of Ordinances;Ordinance No. 20781,9/19/89,Ord.023460, 10-13-98;Ord. No.024614- 10/9/01. MEETS 2nd Thursday of the month,5:30 p.m.,City Hall, Fifth Floor-ACM Conference Room. TERM DETAILS Three-year staggered terms. DEPARTMENT Legal COMMITTEE/SUBCOMMITEE N/A AGENDAS OTHER INFORMATION For information on how to file an ethics complaint regarding a city official,please go to http://www.cctexas.corrVgovernment/city-secretary/ethics-filings- complaints/index. ETHICS COMMISSION Page 1 of 2 Ethics Commission Members July 19, 2016 One (1) vacancy with term to 10-1-16. (Appointment requires 2/3 vote of full Council.) (Since the term is expiring 10-1-16, staff is recommending a new three-year term to 10-1-19.) MI:=840 . I - ( s Position Rod Wolthoff ETHICS COMMISSION Resigned District 4 1 10/1/2016 Member Richard (Rick) E. Milby ETHICS COMMISSION Active District 1 1 10/1/2018 Member Alicia Benavidez ETHICS COMMISSION Active District 4 2 10/1/2018 Member Karon Connelly ETHICS COMMISSION Active District 4 2 10/1/2018 Vice-Chair Drue Jones ETHICS COMMISSION Active District 2 1 10/1/2017 Member Larry White ETHICS COMMISSION Active District 5 2 10/1/2017 Member Ken Bung ETHICS COMMISSION Active District 5 2 10/1/2016 Member Dr. Haysam Dawod ETHICS COMMISSION Active District 5 2 10/1/2017 Chair Harry Hallows ETHICS COMMISSION Active District 2 2 10/1/2016 Member Ethics Commission Applicants July 19, 2016 1' N �® Robert A.Alvarez ETHICS COMMISSION District 5 Alvarez Insurance Group 361-442-6799 5810 S.Staples Corpus Christi TX Jack Gordy ETHICS COMMISSION District 3 Grant Huffman ETHICS COMMISSION District 5 KRIS Communications 361-654-1668 301 Artesian St Corpus Christi TX Victor M.Mendoza ETHICS COMMISSION District 2 Self-Employed 361-290-4869 5849 Crestwood Dr. Corpus Christi TX Scott H.Mesmer ETHICS COMMISSION District 4 CAE 361-944-8401 Corpus Christi TX Craig Rogers ETHICS COMMISSION District 4 GEICO 361-288-8177 5262 S.Staples,Ste.300 Corpus Christi TX BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jul 05, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Robert A Alvarez Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, ETHICS COMMISSION, TRANSPORTATION ADVISORY COMMISSION Street Address Suite orApt oft City State Postal Code District 5 What district do you live in? lwwwwm� Primary Phone Alternate Phone Alvarez Insurance Group Owner/Broker Employer Job Title 5810 S. Staples WorkAddress-StreetAddressand Suite Number Corpus Christi WorkAddress-City Texas WorkAddress-State 78413 WorkAddress-Zip Code RobertAAlvarez Page 1 of 4 3614426799 r.adam@alvarezinsgroup.com Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Education, Professional and/or Community Activity (Present) Promoter of locality and professional networking in the Corpus Christi community for my own insurance agency. Registered Voter? QQ Yes Q No Current resident of the city? QQ Yes O No 32 If yes,how many years? Adam s Resume 2014 1 .docx Upload a Resume Please upload any additional supporting documents Demographics Hispanic Robert AAlvarez Page 2 of 4 Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® IAgree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. ® IAgree Board-specific questions (if applicable) Robert AAlvarez Page 3 of 4 Question applies to CORPUS CHRISTI BUSINESSAND JOB DEVELOPMENT CORPORATION. Are you a qualified elector* of the City? QQ Yes O No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Question applies to TRANSPORTATION ADVISORY COMMISSION. Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? Q Yes QQ No Robert AAlvarez Page 4 of 4 Robert Adam Alvarez Objective Summary: To utilize my skills and abilities to better the customer/client experience and satisfaction and to further the success of the business. Areas of Expertise: ,/ Typing—over 65 words ,/ Strong multitasker ,/ Expert with all MS Office per minute applications and other ,/ Very fast learner computer programs ,/ Strong use of multi-line phone and soft-phones ,/ Experienced in data entry ,/ Expert in creating and and 10-key with good filing reports ,/ Extremely clean speed and accuracy background and driving ,/ Excellent people skills record ,/ Highly professional Experience Nonferrous Supervisor, CMC Recycling, Corpus Christi,TX, June 2013—Present Day • Run day-to-day operations at nonferrous scale. • Take care of customer's needs and work to retain them. • Supervised a crew of 5-10 people. Office Assistant, J&G Armadillo Bookkeeping, Corpus Christi,TX,June 2008—June 2013 • Helped with day to day clerical operations/filing in running the office. • Gather all necessary data to completing tax returns,i.e. receipts, legal documents, home information, etc. • Keyed in proper data into databases of all financial info utilizing the 10-key. (Primary) File Clerk, Royston, Rayzor,Vickery &Williams,LLC., May 2007—August 2008 • Prepared and set up project for transition of traditional paper system to modified"paperless" filing system. • Responsible for filing and indexing for a 10 lawyer law firm and assisting paralegals and runners. Education University of Dallas—Irving —August 2001 to June 2004-Bachelors of Science in Business with Concentration in Marketing Texas A&M—Corpus Christi—August 2000 to May 2001 —Criminal Justice Robert Adam Alvarez 0 Page 2 of 2 References available upon request... BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jul 12, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Jack Gordy Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? ETHICS COMMISSION Street Address Suite orApt q= oft City State Postal Code District 3 What district do you live in? lmwmmn� Primary Phone Alternate Phone Employer Job Title WorkAddress-StreetAddressand Suite Number WorkAddress-City WorkAddress-State WorkAddress-Zip Code Jack Gordy Page 1 of 4 Work Phone Work E-mail address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) HIGH SCHOOLAND ONE YEAR OF COLLEGE PRESIDENT OF CHANNEL 10 PUBLIC ACCESS FOR 91/2 YEARS Registered Voter? QQ Yes Q No Current resident of the city? QQ Yes 0 No If yes,how many years? Upload a Resume Please upload any additional supporting documents Demographics Caucasian/Non-Hispanic Ethnicity Jack Gordy Page 2 of 4 Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® IAgree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. ® IAgree Board-specific questions (if applicable) Jack Gordy Page 3 of 4 BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jun 20, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Grant Huffman Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? ETHICS COMMISSION Street Address Suite orApt q= oft City State Postal Code District 5 What district do you live in? lmwmmn� Primary Phone Alternate Phone KRIS Communications Account Executive Employer Job Title 301 Artesian St WorkAddress-StreetAddressand Suite Number Corpus Christi WorkAddress-City Texas WorkAddress-State 78414 WorkAddress-Zip Code Grant Huffman Page 1 of 4 3616541668 ghuffman@kristv.com Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) No Registered Voter? QQ Yes Q No Current resident of the city? QQ Yes Q No 2 If yes,how many years? Upload a Resume Please upload any additional supporting documents Demographics Caucasian/Non-Hispanic Ethnicity Grant Huffman Page 2 of 4 Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® IAgree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. ® IAgree Board-specific questions (if applicable) Grant Huffman Page 3 of 4 BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jun 01, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Victor M. Mendoza Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? CITIZENS ADVISORY HEALTH BOARD, COMMUNITYYOUTH DEVELOPMENT(78415) PROGRAM STEERING COMMITTEE, ETHICS COMMISSION, PARKS AND RECREATION ADVISORY COMMITTEE Street Address Suite orApt City State Postal Code District 2 What district do you live in? lwwwwm� Primary Phone Alternate Phone self employed computer service Employer Job Title 5849 crestwood dr WorkAddress-StreetAddressand Suite Number corpus christi WorkAddress-City texas WorkAddress-State 78415 WorkAddress-Zip Code Victor M. Mendoza Page 1 of 4 3612904869 veteranafmp@gmail.com Work E-mail address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present) I currently go to Del mar college for computer science i volunteer beach clean up every weekend on my own Registered Voter? QQ Yes Q No Current resident of the city? QQ Yes Q No 27 If yes,how many years? resume.bd Upload a Resume Please upload any additional supporting documents Demographics Hispanic Victor M. Mendoza Page 2 of 4 Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® IAgree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. ® IAgree Board-specific questions (if applicable) Victor M. Mendoza Page 3 of 4 victor m mendoza RAval1 ity:Jo Type:EPermanent, Temporary, Term, Detail, Internships Work Schedule: Full-Time, Part-Time, Shift Work, Intermittent, Job Sharing Desired locations:United States - TX - Corpus ChristiUnited States - TX - AustinUnited States - TX - Austin CountyUnited States - HI United States - GU United States - WY United States - VI United States - NY United States - IN United States - FL United States - CA United States - AZ Work Experience: Naval Facilities Engineering Command Ocean Dr, Corpus Christi, TX 78418 Corpus Christi, TX 78418 United States 10/2014 - Present Salary: 21.73 USD Per Hour Hours per week: 40 Series: 4749 Pay Plan: WG Grade: wg-7 MAINTENANCE WORKER (This is a federal job) Duties, Accomplishments and Related Skills: Performing necessary preparatory work prior to floor finishing by stripping old finish, cleaning, scraping, filling holes, and sanding. Mixing stains, sealers, and/or wood filler materials according to guidance from higher graded Painter or strict adherence to manufacturer's instructions. Using common tools and equipment associated with painting (paintbrushes, rollers, scrapers, spray guns, wire brushes, putty knives, and sandpaper) . Preparing surfaces for painting by sanding, scraping, shipping, or wire brushing to gain adhesion.Plumbing. Knowledge of the installation and operation of various supply, disposal, and utility systems and equipment, such as water and gas systems fire sprinkler equipment, and water closets. Carpentry. Knowledge of wood and wood substitute materials and construction techniques; skill in construction techniques and operation of general and precision carpentry and woodworking equipment to produce the requested finished product. Ability to interpret complex instructions, sketches, blueprints, and building codes. Electrical. Ability to install and operate electrical fixtures, wiring, and controls and read and follow wiring diagrams. Skill in removing and replacing electrical fixtures and controls; making repairs; rearranging old or installing new outlets, relays, switches, and light fixtures; testing circuits; measuring, cutting, and bending wire and conduit to specified lengths and angles. Knowledge of mechanical theory and pneumatic and hydraulic principles to repair electro- mechanical devices. Painting. Skill in accepted surface preparation and coating methods and techniques; matching, tinting, toning, blending and applying coating materials and agents. Ability to read and apply directions to mix, use and apply various materials, solvents, and precoating agents. Plastering. Knowledge and skill in a variety of plastering methods and techniques, including construction and application of molded plaster cornices, plaster panels, and trim. Pipefitting. Knowledge and ability to install and operate various high-pressure piping systems and equipment. Air Conditioning. Knowledge of the principles and theories of the refrigeration cycle, temperature measurement, refrigerant properties. Skill in constructing, operating, and servicing a variety of domestic air conditioning units and systems, power sources, and cooling units. Heating. Knowledge of combustion, heat transfer and circulation principles; fuel characteristics; heating surfaces, combustion chambers; basic pipefitting techniques and rigging setups; pneumatics, electricity, and basic electronics. Familiarity with the construction and operation of heating systems. Skill in determining condition of system parts and components; installing, aligning, adjusting, and repairing oil, gas, and coal burners, heating boiler components, and other burning mechanisms; performing routine maintenance. Supervisor: anthony Okay to contact this Supervisor: Yes corpus christi army depot rotar head shop corpus christi, TX United States 06/2011 - 01/2012 Hours per week: 40 Series: 0001 Pay Plan: WG aircraft overhaul trades helper (This is a federal job) Duties, Accomplishments and Related Skills: Work involves over thirty-five different configurations of rotor control components and over ten different configurations of rotor heads for Air Force, Navy and Army. Assembles complete helicopter rotor heads or rotor controls and related components. Performs final assembly of the entire end item, assembles subassemblies and components, or performs designated assembly by station on an assembly line. Incorporates authorized modifications and completes adjustments and alignments to assure compliance with prescribed specifications for balance, fits, torque, pressure and/or stretch. Checks parts and items to be used prior to assembly to determine proper identify and assure serviceability. Reviews and researches historical record on finite life items and scraps those with high time. Prepares request for technical engineering call (TEC) for engineering deviation when appropriate. Certifies completion of work requirements on work documents, records any required measurement data, and completes required entries on historical documents. Troubleshoots and repairs malfunctioning items on the assembly line or flight line. Disassembles items designated for minor repair. Determines repair needed. Performs minor rework on parts or replaces parts required to restore item to serviceability. If extensive damage is discovered after disassembly takes appropriate action to assure proper authorization before additional work is accomplished.Requires a through knowledge of helicopter rotor heads or rotor controls and related components. Must be able to perform skilled assembly and alignments to achieve critical tolerances, measurements, and balance. Ability to use measuring instruments such as micrometers, calipers, dial indicator, gauges, and torque wrenches. Requires ability to use reference material to obtain information to complete assembly and repair processes properly and to assure compliance with specifications. Must be able to diagnose problems on components installed on the aircraft and in completing assembly. Ability to select and use proper hand and power tools, equipment, special tools and machinery,Receives work assignments from supervisor or work leader in the form of work orders, quality inspection reports, and verbal instructions. Employee determines proper work sequence, selects tool, equipment and parts, and completes required assembly, alignment, balance and/or repair to produce a serviceable end item. Technical information is available in technical orders and manual manufacturer specification, factory-engineering bulletins, and shop travelers. Verifies work of and provides guidance to lower grade mechanics and military. Assists quality inspectors, engineers, etc. in special investigations, studies, and audits. The supervisor or work leader is available for assistance with unusual problems. Completed work is subject to quality inspection and spot check by supervisor to assure compliance with Supervisor: cavan cardeaz Okay to contact this Supervisor: Yes Corpus Christi Army Depot {ccad} Address. 11001 D Street Suite 101 Corpus Christi, TX 78419 Corpus Christi, TX 78412 United States 06/2008 - 06/2009 Salary: 19.00 USD Per Hour Hours per week: 40 Series: 0249 Pay Plan: WG Grade: wg-5 Metal Spray Helper (This is a federal job) Duties, Accomplishments and Related Skills: Duties: Prepares parts for metal spraying or grinding. Visually examines items to be coated, assuring items are generally free from oil, dirt, oxides, corrosion, dust or any foreign substance. Treat metal area exposed during reworking. Assembles parts and components into sub-assemblies incorporating required modifications. Masks surfaces which should be protected from metal spray. I was responsible for determining if the item can be reworked and complete routing document for work needed by other shops. Operates degrease and air blasting equipment to clean and free surfaces of paint, scale, grease, rust, dirt and carbon deposits. Cleans parts in degreaser vats and blasts parts with specified grit. Assists higher graded personnel in applying metal spray process to those items to be sprayed. Maintains cleaning equipment used in cleaning parts. Cleans and recharges machine with specified cleaning compounds; fills spray equipment with pre-mixed materials. Performs other duties as assigned. Completes minor rework of compressor to restore serviceability such as buffing polishing or grinding surfaces to smooth out pits and scratches , bead blasting , shot peening also using proper fixtures for safety measures. loaned out to paint shop in same building in order to lighten up the overtime .i work well with others,once taught the proper method by Robert Casarez the supervisor in the paint shop i needed little to no supervision. quick learner, I work great under pressure and i have a knowledge of rotor heads or rotor controls. I gained skills particular for the paint shop such as micrometers, calipers dial indicators, techniques to perform surface preparation and coating. invaluable experience with tools, equipment, and/or materials for cleaning, taping brushing, scraping and sealing surfaces such as engines, transmissions, rotor head structures/components, and sheet metal also with preparation and painting all types of surfaces using spray guns, brushes, and rollers Prep surfaces with the accepted methods and techniques, to ensure the required smoothness, level,shape requirements tint tone.i also learned about various agents (for example, retardants, drying agents), and combine coating mixtures to get the proper color, texture, consistency, and drying state.also am more than capable of standing bending walking stooping or sitting for long intervals Supervisor: richard garcia Okay to contact this Supervisor: Yes ccad Address. 11001 D Street Suite 101 Corpus Christi, TX 78419 Corpus Christi, TX 78412 United States 01/2008 - 01/2009 Salary: 19.00 USD Per Hour Hours per week: 30 Painter Helper Duties, Accomplishments and Related Skills: loaned out to paint shop in same building in order to lighten up the overtime .i work well with others,supervised by Robert Casarez in the paint shop i needed little to no supervision. quick learner, I work great under pressure and i have a knowledge of rotor heads or rotor controls. I gained skills particular for the paint shop such as micrometers, calipers dial indicators, techniques to perform surface preparation and coating. invaluable experience with tools, equipment, and/or materials for cleaning, taping brushing, scraping and sealing surfaces such as engines, transmissions, rotor head structures/components, and sheet metal also with preparation and painting all types of surfaces using spray guns, brushes, and rollers Prep surfaces with the accepted methods and techniques, to ensure the required smoothness, level,shape requirements tint tone.i also learned about various agents (for example, retardants, drying agents), and combine coating mixtures to get the proper color, texture, consistency, and drying state.also am more than capable of standing bending walking stooping or sitting for long intervals Supervisor: robert casarez Okay to contact this Supervisor: Yes A&B Home improvment and discount cabinets Corpus Christi, TX United States 03/2007 - 03/2008 Salary: 8.00 USD Per Hour Hours per week: 40 General Laborer Duties, Accomplishments and Related Skills: Place, consolidate, and protect case-in-place concrete or masonry structures. Position, join, align, and seal structural components, such as concrete wall sections and pipes. Shovel cement and other materials into portable cement mixers; and mix, pour, and spread concrete. Signal equipment operators to facilitate alignment, movement, and adjustment of machinery, equipment, and materials. Smooth and finish freshly poured cement or concrete, using floats, trowels, screeds, or powered cement finishing tools. Spray materials such as water, sand, steam, vinyl, paint, or stucco through hoses to clean, coat, or seal surfaces. Tend machines that pump concrete, grout, cement, sand, plaster or stucco through spray-guns for application to ceilings and walls. Tend pumps, compressors, and generators to provide power for tools, machinery, and equipment, or to heat and move materials such as asphalt. Lubricate, clean, and repair machinery, equipment, and tools. Operate, read, and maintain air monitoring and other sampling devices in confined and/or hazardous environments. Apply caulking compounds by hand or using caulking guns. Build and position forms for pouring concrete, and dismantle forms after use, using saws, hammers, nails, or bolts. Clean and prepare construction sites to eliminate possible hazards. Control traffic passing near, in, and around work zones. Dig ditches or trenches, backfill excavations, and compact and level earth to grade specifications, using picks, shovels, pneumatic tampers, and rakes. Erect and disassemble scaffolding, shoring, braces, traffic barricades, ramps, and other temporary structures. Grind, scrape, sand, or polish surfaces such as concrete, marble, terrazzo, or wood flooring, using abrasive tools or machines. Install sewer, water, and storm drain pipes, using pipe-laying machinery and laser guidance equipment. Load, unload, and identify building materials, machinery, and tools, and distribute them to the appropriate locations, according to project plans and specifications. Measure, mark, and record openings and distances to lay out areas where construction work will be performed. Mix ingredients to create compounds for covering or cleaning surfaces. Provide assistance to craft workers, such as carpenters, plasterers, and electricians Raze buildings and salvage useful materials. Read and interpret plans, instructions, and specifications to determine work activities. Use computers and other input devices to control robotic pipe cutters and cleaners. Identify, pack, and transport hazardous and/or radioactive materials. Supervisor: Juan villarreal Okay to contact this Supervisor: Yes United States Airforce global, TX United States 02/2004 - 05/2006 Salary: 1,500.00 USD Bi-weekly Hours per week: 40 Military Police Duties, Accomplishments and Related Skills: Leads, manages, supervises, and performs force protection duties, including use of deadly force to protect personnel and resources. Protects nuclear and conventional weapons systems and other resources. Performs air base defense functions contributing to the force protection mission. Controls and secures terrain inside and outside military installations. Defends personnel, equipment, and resources from hostile forces. Operates in various field environments, performs individual, and team patrol movements, both mounted and dismounted, tactical drills, battle procedures, convoys, military operations other than war, antiterrorism duties, and other special duties. Operates communications equipment, vehicles, intrusion detection equipment, crew-served weapons, and other special purpose equipment. Applies self-aid buddy care, life saving procedures, including cardiopulmonary resuscitation, as first responder to accident and disaster scenes. Provides armed response and controls entry. Detects and reports presence of unauthorized personnel and activities. Implements security reporting and alerting system. Enforces standards of conduct, discipline, and adherence to laws and directives. Directs vehicle and pedestrian traffic. Investigates motor vehicle accidents, minor crimes, and incidents. Operates speed measuring, drug and alcohol, and breath test devices. Apprehends and detains suspects. Searches persons and property. Secures crime and incident scenes. Collects, seizes, and preserves evidence. Conducts interviews of witnesses and suspects. Obtains statements and testifies in official judicial proceedings. Responds to disaster and relief operations. Participates in contingencies. Develops plans, policies, procedures, and detailed instructions to implement SF programs. Plans, organizes, and schedules SF activities. Provides oversight, guidance, and assistance to commanders with the application of information, personnel, and industrial security programs. Operates pass and registration activities. Supervises and trains SF augmentees. Provides on-scene supervision for security forces. Inspects and evaluates effectiveness of SF personnel and activities. Analyzes reports and statistics. Leads, manages, supervises, and implements ground weapons training programs. Operates SF armories. Controls and safeguards arms, ammunition, and equipment. Instructs ground weapons qualification training. Provides guidance on weapons placement to security forces and ground defense force commanders. Inspects ground weapons and replaces unserviceable parts. Analyzes malfunctions by inspection and serviceability testing. Uses precision gauges, testing instruments, and special tools to adjust parts and operating mechanisms. Function-fires weapons for accuracy and serviceability. Controls and operates firing ranges and associated facilities to include supervising construction and rehabilitation. Supervisor: Ssgt ellingson Okay to contact this Supervisor: Yes United Wellhead Service Robstown TX United States 07/2002 - 11/2002 Salary: 6.50 USD Per Hour Hours per week: 40 General Laborer Duties, Accomplishments and Related Skills: My duties included the preparation of well heads for re manufacturing. I disassembled well head parts and a assemblies using various hand tools such as wrenches, screwdrivers, ratchets and sockets, sledge hammer and crow bar. I used steam and pressure washing equipment to clean the disassembled well heads of dirt, grease and grime. I regulated the steam controls to produce the required heat from the heating system. I manually washed lubrication or and cleaned well head parts in tanks of hot/cold cleaning solutions. I also hand cleaned parts with brushes and other hand held tools. I operated a sand blast machine to remove rust and paint. I assisted journeyman in the reassembly of the well heads. Measures, cuts and threads pipes using ruler, hacksaw, pipecutters, and threading machines I have the skills and knowledge to operate industrial washers, utilizing steam pressure, degreaser solution, steam valve and required solvents to remove dirt, grease and/or paint from a variety of aircraft engine parts, assuring nicks, burrs, and rust pits are removed. Determines proper sequence of cleaning processes and time exposure of parts required to avoid possible damage to parts and meet required degree of cleanliness and removes radiator valves and inspects for defects and repacks valves overall acceptability. Also painting, storage or containerization checking items for obvious wear, cracks, nicks, burrs, or other surface defects, using equipment, solvents, brushes, buffers, scouring pads to clean or sand surfaces; replacing plugs, nuts, gaskets I have the ability to spray parts and equipment with cleaning solution, operating control valves on the steam pressure cleaner and on the degreasing machine to control the flow of steam and cleaning solution. I have previous experience in mixing chemicals and cleaners in solutions and charge pressure pots. I have also operated deburring, vibratory and ultrasonic cleaning machines, using specified media to clean the parts. I can manually wash and clean engine parts in tanks of hot or cold cleaning solutions. I also have the skills and knowledge to hand clean parts with brushes and other hand tools. I can apply corrosion preventive compound by dipping parts in tanks or vats. I have also the ability to operate power driven wire or cloth brush cleaner. I can mix various cleaning and degreasing solutions such as caustic soda, carbon removing compounds, paint strippers and other cleaning compounds. I also operate bead blast machines using prescribed techniques and instructions when required. I poses the knowledge of appropriate materials and cleaning agents to utilize in the cleaning process in accordance with types of metals and finish required. I am also knowledgeable of the operation of industrial washers and cleaning equipment. Supervisor: Don Mcatee Okay to contact this Supervisor: Yes Education:Military Police Academy San antonio, TX United States ERROR 06/2004 GPA: 4.0 of a maximum 4.0 Major: Criminal Justice Death Investigation Relevant Coursework, Licenses and Certifications: Weapons training including m16, m4, m9,combat training we are highly trained in ground combat skills, including land navigation, crew served weapons systems, claymore mines, fragmentation hand grenade use, "LAWS" (light anti-tank weapon) deployment, hand and arm signals, squad movements, and many other skills. Preventive Maintenance on equipment of vehicles, assigned weapons, and personnel equipment.Trained in the use of Technical Manuals and Field Manuals. Job Related Training:High School Carroll High School 08/15/1999 - 06/06/2003 Corpus Christi, Texas United States Degree: High School Diploma - Major: N/A; Minor: N/A; Additional Information License - C.D. L class A (10/13/2007) Driver license class A Air Force Basic Training - 02/24/2004 Received basic training in the following areas: Basic First Aid, Time- Management, Team-Building, Map-Reading, Basic Leadership, Weapons Marksmanship, and topics such as Air Force history, dress and appearance, military customs and courtesies, ethics, security, and alcohol/drug abuse prevention and treatment, and field training including protection against biological and chemical attack. Language Skills: Language Spoken Written Read Spanish Advanced Advanced Advanced Additional Information:Military Awards- 02/24/2004- 06/13/2006 Global War on Terrorism Service Medal, Air force Training Ribbon, National Defense Service Medal, Overseas Long Tour Ribbon, Basic Force Protection Occupational Badge. BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jul 05, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Scott H Mesmer Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? AIRPORT BOARD, CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, ETHICS COMMISSION, NUECES COUNTYTAXAPPRAISAL DISTRICT OILAND GAS ADVISORY COMMITTEE Street Address Suite orApt oft City State Postal Code District 4 What district do you live in? lmwmn��� Primary Phone Alternate Phone CAE Instructor Employer Job Title WorkAddress-StreetAddressand Suite Number Corpus Christi WorkAddress-City TX WorkAddress-State Scott H Mesmer Page 1 of 5 7841 WorkAddress-Zip Code 3619448401 Work Phone Scott.Mesmer@gmail.com Work E-mail address Home/Primary Address Preferred Mailing lAdress Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Education, Professional and/or Community Activity (Present) BS Applied Math and Statistics BA Economics. Military Contract T44 Sim Flight Instructor for CAE Captain on B757 for Parallel Express Own Rental Properties "SoftengineHR" Payroll and Human Capital Management Software sales rep Registered Voter? Q Yes Q No Current resident of the city? Q Yes 0 No 7 If yes,how many years? Scott Mesmer City Application_Resume.docx Upload a Resume Please upload any additional supporting documents Scott H Mesmer Page 2 of 5 Demographics Caucasian/Non-Hispanic Ethnicity Male nd-r Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® IAgree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. ® IAgree Scott H Mesmer Page 3 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI BUSINESSAND JOB DEVELOPMENT CORPORATION. Are you a qualified elector* of the City? QQ Yes Q No Question applies to NUECES COUNTYTAXAPPRAISAL DISTRICT. Are you a resident and qualified elector* of the District (Nueces County)? QQ Yes Q No Question applies to NUECES COUNTYTAXAPPRAISAL DISTRICT. Have you resided in the District for at least 2 years? QQ Yes O No Question applies to OIL AND GAS ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? ® Not Connected with Oil and Gas Well Industry Scott H Mesmer Page 4 of 5 Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Scott H Mesmer Page 5 of 5 Scott H. Mesmer Goal: Looking to give back and work with in the community that I live in by supporting the city in any way that I can. Business Development, Management and Investing Experience Own multiple rental properties in Corpus Christi Invested in Oil and Gas Drilling Rig program as well as Oil Drilling programs September 2015 to present SoftEngineHr sales consultant. Payroll and Human Capital Management software sales position August 2009 to present Co-Owner of Mesmerizing photography. Discovered what it means to be an owner of a business... September 2009-Present: Elan Express and Parallel Express Business Development Set up Jet Fuel Brokering Business, created relationships with into plane agents, refineries, airport fbo etc to sell jet fuel to clients as well as managed aircraft. Developed relationships for marketing for aircraft parts, aircraft RVSM ferry movements, aircraft acquisitions. Jan 2007 to March 2009 Base Operations Manager for large aircraft international charter operations. Responsible for day to day operations of the base, duties included but not limited to, recommending staffing levels, developed recommendations for policy and procedures for operational needs, involved in hiring and selection process, ensured crewmember compliance with company policy, assigned non-flight duties in support of operations and marketing. Coordinated aircraft charter needs with Director of Operations, Director of Security, Manager of Maintenance, Dispatch, Marketing Department and crew to ensure high quality client experience and safety of flight for international operations. Worked with Director of Planning and Scheduling as well as Training Department to develop and staff monthly flight schedule. Coordinate with Brokers, Clientele, flight crew and management to ensure proper communication flow for process improvement, staff promotions, cost savings initiatives, and other duties not defined that are aimed at reducing costs while increasing productivity without sacrificing quality or safety. Aviation Work Experience CAE Feb 2014 to Present T44 Advanced Flight Sim Instructor& Platform Instructor Parallel Express Oct 2013 to -Part 125 B757 Simulator Chk Airman Oct 2013 to—Part 125 B757 Captain Elan Express Nov 2011 to - Part 125 B757 Simulator Chk Airman Oct 2009 to - Part 125 B757 Captain Swift Aviation Group Dec 11 to—July 13 Part 121 B767 Simulator Chk Airman June 10 to July 13 Part 121 B767 Captain Polaris Aviation Solutions —Jan 10 to June 10 SIC Pt 125 Dallas Mavericks Captain/Base Manager -Pace Airlines Oct 2002 to Oct 2009 B757/B767 Captain Domestic/International Part 121 Captain on B757 for FAA proving runs and check rides to add areas of operations to Airline Ops Specs such as the North Pacific, Polar Ops and North Atlantic Etops. Domestic and International worldwide charter operations that required operations into Russia, the Middle East, South America, Europe, the Pacific and Polar Areas of the Arctic Circle Flight Officer—USAirways May 99 to Jan 02 Pt 121 First Officer B757/B767 A320 Flight Officer—USAirways Express,Piedmont Airlines July 97 to May 99 Pt 121 First Officer DASH 8 1600 Hours of ME Turbo Prop time Flight Officer—KIWI International Airlines July 95 to Oct 96 Pt 121 Flight Engineer—B727 Charter Pilot/Flight Instructor—Airpark Sales & Service Oct 96 to July 97 PIC Piper Navajo Pt 135 Co Instructor&Asst Chf Pilot Feb 93 to July 95 PIC Piper Navajo Captain on DOD contract such as: Shuttling civilian engineers and military personal between military bases such as Patuxent River, Lakehurst, Dahlgren, Wallops Island Virginia and Cherry Point. Range clearing of oceanic restricted areas in support of F-18 testing program, missile test fire and other military operations. CFI and CFII Instructor Platform Instructor Education SUNY @STONYBROOK: Stonybrook,New York 1990 BS Applied Math and Statistics BA Economics BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Oct 07, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Craig Rogers Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? ETHICS COMMISSION Street Address Suite orApt q= oft City State Postal Code District 4 What district do you live in? lmwmmn� Primary Phone Alternate Phone GEICO MANAGING ATTORNEY Employer Job Title 5262 S. STAPLES, STE. 300 WorkAddress-StreetAddressand Suite Number CORPUS CHRISTI WorkAddress-City TX WorkAddress-State 78411 WorkAddress-Zip Code Craig Rogers Page 1 of 4 361-288-8177 Work Phone Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) EDUCATION: UNIVERSITYOF TEXAS LAW SCHOOL, JD. 1987, SAM HOUSTON STATE, BBA IN FINANCE WITH HONORS, MAGNA CUM LAUDE 1984 PROFESSIONAL: MANAGING ATTORNEY GEICO, 2012-PRESENT;ASSISTANT CITYATTY MUNICIPAL COURT, CORPUS CHRISTI, SEPT. 2012; PUBLISHER, GULFSCAPES MAGAZINE, 2008-2012; JONES, ROGERS AND NAVARRO, PARTNER OF LAW FIRM, 1988-2008 COMM UNITYACTIVITIY: CANDIDATE FOR DISTRICT ATTORNEY, COMAL COUNTY, 2002; BAREFOOT MARDI GRAS PLANNING COMMITTEE 2014 Registered Voter? QQ Yes O No Current resident of the city? QQ Yes Q No 6 If yes,how many years? Upload a Resume Please upload any additional supporting documents Demographics Craig Rogers Page 2 of 4 Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® IAgree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. ® IAgree Craig Rogers Page 3 of 4 Board -specific questions (if applicable) Craig Rogers Page 4 of 4 AGENDA MEMORANDUM Future Item for the City Council meeting of July 12, 2016 Action Item for the City Council meeting of July 19, 2016 DATE: June 17, 2016 TO: Margie C. Rose, Interim City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 State Homeland Security Grant Application to purchase Man -Portable X-ray Units in the amount of $82,985.59. CAPTION: Resolution ratifying the submission of a grant application in the amount of $82,985.59 to the Office of the Governor for the Man -Portable X-ray Units project; and authorizing the City Manager or the City Manager's designee to accept, reject, alter or terminate the grant. PURPOSE: The purpose of the grant is to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities. BACKGROUND AND FINDINGS: None ALTERNATIVES: Not accepting terms and conditions of the grant will jeopardize the utilization of the grant funds for homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval to submit grant application. EMERGENCY / NON -EMERGENCY: Staff is requesting a non -emergency reading to this routine, non -controversial item. DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2015-2016 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this resolution to submit a grant application to the Office of the Governor for the Man -Portable X-ray Units project in the amount of $82,985.59. LIST OF SUPPORTING DOCUMENTS: Resolution Grant Application Resolution Ratifying the submission of a grant application in the amount of $82,985.59 to the Office of the Governor for the Man -Portable X-ray Units project; and authorizing the City Manager or the City Manager's designee to accept, reject, alter or terminate the grant. WHEREAS, the City of Corpus Christi finds it in the best interest of the citizens of Corpus Christi, that the Man -Portable X-ray Units be utilized for the year of 2017; WHEREAS, the City of Corpus Christi agrees provide applicable matching funds for the said project; WHEREAS, the City of Corpus Christi agrees that in the event of loss or misuse of the Office of the Governor funds, the City of Corpus Christi assures that the funds will be returned to the Office of the Governor in full; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council ratifies submission of a grant application in the amount of $82,985.59 for the Man -Portable X-ray Units project to the Office of the Governor. SECTION 2. The City Manager, or the City Manager's designee, may apply for, accept, reject, alter or terminate the grant. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Grant Number #3137501 Corpus Christi, Texas Page 1 of 2 of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Page 2of2 CBCOG REGION FY16 HOMELAND SECURITY GRANT PROJECT PROPOSAL Applicant (jurisdiction and dept.): City of Corpus Christi, Police Department/Regional Bomb Squad Project Title: _Man -Portable X -Ray Units Type of Project: _X_ Regional Local Top 5 Priority #3 Law Enforcement Project: XYes No Headquarter County (majority of services will be provided in this county): _Nueces Participant(s)—Jurisdiction(s), departments/groups/teams: _This grant will be used by the Corpus Christi Police Department to support their regional response activities that cover a 30 county wide area of south Texas. Project Manager: Name: _Mathew Weischwill Email: MathewW@cctexas.com Phone Number(s): _361-834-4455 Estimated Cost of Project: $_170,881.56 (budget line item details & quotes attached) Select one or more Project Activities which best describe the project and dedicated percentage of activity. Select % of Project Activity Description of Activity Critical Infrastructure Identifying critical infrastructure, collecting and maintaining data, and prioritizing critical infrastructure assets, clusters, and systems. Assessments of critical infrastructure vulnerabilities and interdependencies, particularly those involving multiple sites and/or sectors. Planning, training, exercises, equipment, and modeling enabling responsible jurisdictions to mitigate threats to and vulnerabilities of critical infrastructure facilities, assets, networks, and systems. Analysis of critical infrastructure threats and information sharing with private sector partners. Education and communications to enhance public awareness and increase reporting of suspicious activities related to critical infrastructure. Fusion Center Support for a recognized fusion center (please refer to http://www.dhs.gov/fusion- center-locations-and-contact-information). Intelligence & Information Sharing Projects that enable interdiction and disruption of terrorist activity through enhanced understanding and recognition of pre -operational activity and other crimes that may be precursors or indicators of terrorist activity. Interoperable Communications Building capabilities to meet P-25 standards and sustaining existing capabilities through life cycle replacement of equipment. Operational Coordination Establishing and maintaining a unified and coordinated operational structure and process that integrates critical stakeholders. Includes implementing and enhancing emergency operations centers and conducting or participating in incident management training and/or exercises. State, Regional & Local Planning Development of state and regional risk and preparedness assessments. Core capability development planning, to include typing and tracking of equipment and special response teams. Planning and execution of training and exercises focused on terrorism prevention, protection and response. Multi -jurisdictional operational planning to include plans for regional operational coordination of terrorism prevention, protection, and response capabilities. Maintaining or updating Emergency Operations Plans. Planning and implementation of initiatives (e.g. CERT team training) to enhance the Citizen Corps Program. Public Warning Systems (note: public warning systems must be responsive to terrorism threats). WebEOC and other situational awareness and decision support tools. 1 (% total should equal to 100%): Narrative Information Description of Project and Issues Project will Target: Recent and future special events such as marathons where bomb squads have had a response concern has uncovered the need for responding bomb squads to have a "man -portable" X-ray system to safely examine suspicious packages in an expeditious manner. Systems currently deployed by local bomb squads require external power and a vehicle for transport because of the system's large size. However, man -portable X-ray processors will eliminate that problem and allow bomb technicians to safely and quickly X- ray suspicious packages with minimal disruptions to events. Nationally, bomb squads are being asked to integrate with SWAT teams. A man -portable X-ray system will allow local bomb techs to properly support the tactical mission. This system would also allow the bomb techs to safely and quickly conduct X-rays while supporting their agencies tactical mission. Man -portable X-ray systems are also beneficial for day-to-day operations of local bomb squads. Local squads will have another option for conducting X-rays during routine calls for service where large X-ray processors are either too cumbersome, or not right for the task. Supporting Data — Provide supporting data, including baseline statistics and the sources of data which are pertinent to the grant project and its target area. Do not use statewide data for a local problem or national data for a statewide problem. The Corpus Christi bomb squad is a FEMA Type I team, and it is the only accredited bomb squad south of San Antonio. The team covers the largest land area of any bomb squad in the United States. In 2015, the Corpus Christi bomb squad received 106 calls for service. Thirteen of these calls were for suspicious packages. The bomb squad also received 12 calls for pieces of military ordinance and eight requests to assist the SWAT team with entries. All of these situations requried X-ray capabilities. The calls regarding a suspicious package had to be completed using the older equipment that requires a large response truck and several additional hours. The calls for military ordinance and SWAT assists had to be completed without this tool. The equipment requested will help the squad maintain FEMA Type I status, improve response times, and ensure the safety of the technicians. Goal Statement — Provide a brief description of the overall goals and objectives for this project. The goal of this project is to provide each member of the bomb squad with X-ray equipment. This will allow team members to clear calls in minutes that currently require hours. State and Regional Impact The responses in this section should be consistent with the following: 1. CBCOG Top 5 Priority 2. Threat and Hazard Identification and Risk Assessment (THIRA) 3. State Preparedness Report 4. Homeland Security Strategic Plan Implementation Plan (regional projects) 5. Homeland Security Strategic Plan for Texas (state projects) Which CBCOG Top 5 Priority applies to this project? 3 How does the project support the priority? This project will enhance the regional bomb squad's speed and accuracy when responding to calls. The project will provide a man -portable X-ray system for each bomb technician, which will allow the techs to look inside of a bomb and determine the best way to safely dismantle it. The systems will also make it possible to see inside objects such as backpacks left unattended at public 2 Sustaining Special Response Teams CBRNE/WMD detection, HAZMAT response and decontamination, Urban Search and Rescue, SWAT and other tactical teams. Also includes first responder equipment X 100% and First Responder Capabilities sustainment needs, including PPE, WMD Pharmaceuticals, Calibration and maintenance for WMD-related detection and identification systems, and closely related investments to update or sustain current first responder equipment. (% total should equal to 100%): Narrative Information Description of Project and Issues Project will Target: Recent and future special events such as marathons where bomb squads have had a response concern has uncovered the need for responding bomb squads to have a "man -portable" X-ray system to safely examine suspicious packages in an expeditious manner. Systems currently deployed by local bomb squads require external power and a vehicle for transport because of the system's large size. However, man -portable X-ray processors will eliminate that problem and allow bomb technicians to safely and quickly X- ray suspicious packages with minimal disruptions to events. Nationally, bomb squads are being asked to integrate with SWAT teams. A man -portable X-ray system will allow local bomb techs to properly support the tactical mission. This system would also allow the bomb techs to safely and quickly conduct X-rays while supporting their agencies tactical mission. Man -portable X-ray systems are also beneficial for day-to-day operations of local bomb squads. Local squads will have another option for conducting X-rays during routine calls for service where large X-ray processors are either too cumbersome, or not right for the task. Supporting Data — Provide supporting data, including baseline statistics and the sources of data which are pertinent to the grant project and its target area. Do not use statewide data for a local problem or national data for a statewide problem. The Corpus Christi bomb squad is a FEMA Type I team, and it is the only accredited bomb squad south of San Antonio. The team covers the largest land area of any bomb squad in the United States. In 2015, the Corpus Christi bomb squad received 106 calls for service. Thirteen of these calls were for suspicious packages. The bomb squad also received 12 calls for pieces of military ordinance and eight requests to assist the SWAT team with entries. All of these situations requried X-ray capabilities. The calls regarding a suspicious package had to be completed using the older equipment that requires a large response truck and several additional hours. The calls for military ordinance and SWAT assists had to be completed without this tool. The equipment requested will help the squad maintain FEMA Type I status, improve response times, and ensure the safety of the technicians. Goal Statement — Provide a brief description of the overall goals and objectives for this project. The goal of this project is to provide each member of the bomb squad with X-ray equipment. This will allow team members to clear calls in minutes that currently require hours. State and Regional Impact The responses in this section should be consistent with the following: 1. CBCOG Top 5 Priority 2. Threat and Hazard Identification and Risk Assessment (THIRA) 3. State Preparedness Report 4. Homeland Security Strategic Plan Implementation Plan (regional projects) 5. Homeland Security Strategic Plan for Texas (state projects) Which CBCOG Top 5 Priority applies to this project? 3 How does the project support the priority? This project will enhance the regional bomb squad's speed and accuracy when responding to calls. The project will provide a man -portable X-ray system for each bomb technician, which will allow the techs to look inside of a bomb and determine the best way to safely dismantle it. The systems will also make it possible to see inside objects such as backpacks left unattended at public 2 events. This allows a bomb squad to do a faster and more complete search to find IEDs before they explode and cause injury. Describe the threats and hazards that create the need for the project. Include reference to page(s) of regional THIRA, if applicable: THIRA Page(s) Description of Threats and Hazards 2 Human Caused — Explosive Devices (IED, VBIED, SBIED) Describe the capability gap(s) which will be addressed by the project. Include reference to page(s) of regional SPR, if applicable: SPR Page(s) Description of Capability Gaps 25-27 Screening, Search, and Detection Core Capability- Equipment 69-70 On -scene Security and Protection Core Capability- Equipment Explain how the project will reduce the capability gap(s): The project will equip all bomb squad members with current X-ray technology. Currently, the squad has one large unit that must be staged at the substation and can only be brought out with the large response vehicle. Portable X-ray systems will provide faster response times and enhanced safety to the public and bomb technicians. Describe existing capability levels and what is or will be in place to support the investment prior to the use of these grant funds if awarded: All Members of the bomb squad are trained on how to use and maintain X-ray equipment. Each member of the squad has a department issued take-home unit. The requested equipment will be carried with each technician in the department vehicle. It will be accessible for quick deployment at any time or location. Explain the long-term approach to sustaining the capabilities developed by this project to include the need for future grant funding, if applicable: This equipment will not require any further funding. The system comes with all parts needed to be functional for many years. Any small costs for things such as batteries or minor repairs will be paid for out of the department's normal budget. Provide an explanation of the regional and/or statewide impact of this project: The Corpus Christi Police Department Bomb Squad is a regional response team that covers an area of South Texas that is 30 counties wide. This equipment will help the bomb squad collect evidence, search for, detect, and interdict CBRNE devices from terrorist attacks. The portable X-ray systems will also provide faster response times, which will greatly increase capabilities that will be available to all of the cities and counties in the 30 county -wide areas. 3 BUDGET LINE ITEM DETAILS QTY/% OF SALARY ITEM DESCRIPTION COST EACH TOTAL COST 4 FPX NANO X -Ray System With Source $42,720.39 $170,881.56 $39,360.02 Y 2013 SHSP P05 CBCOG City of Corpus Christi MMRS Planning $37,843.38 Y 2013 SHSP PO2LE SHSP CBCOG City of Corpus Christi Regional Bomb Squad Equipment $20,890.48 Y 2013 SHSP SO2 CBCOG City of Corpus Christi EOC Video Screens $28,713.69 TOTAL PROJECT COST $ 170,881.56 ATTACH ESTIMATED QUOTE(S) 2013-2015 HOMELAND SECURITY GRANT HISTORY YEAR GRANT PROJECT DESCRIPTION AMOUNT AWARDED COMPLETE Y/N 2013 SHSP SO1 CBCOG City of Corpus Christi Regional Response Teams Support and Training Project $39,360.02 Y 2013 SHSP P05 CBCOG City of Corpus Christi MMRS Planning $37,843.38 Y 2013 SHSP PO2LE SHSP CBCOG City of Corpus Christi Regional Bomb Squad Equipment $20,890.48 Y 2013 SHSP SO2 CBCOG City of Corpus Christi EOC Video Screens $28,713.69 Y 2013 SHSP LETPA PO2LE CBCOG City of Corpus Christi Regional Bomb Squad Equipment $38,598.00 Y 2014 SHSP P10 Corpus Christi Hazmat Equipment $59,208.82 N 2014 SHSP SO1 Corpus Christi EOC Equipment $28,080.27 Y 2014 SHSP SO2 Corpus Christi MMRS Planning $20,427.59 Y 2014 SHSP SO4 Corpus Christi Search and Rescue Equipment $53,448.32 Y 2014 SHSP LETPA PO1LE Corpus Christi Dive Team Training $50,028.00 N 2014 SHSP LETPA PO3LE Corpus Christi Bomb Squad Equipment $23,207.00 Y Provide an explanation for each project not completed: 2014 SHSP: Air Monitoring Filters are on -order. Full amount of award was not used. 2014 SHSP LETPA: Full amount of award was not used. 2015 HSGP: Fund holds exist for 2015 projects. Purchasing process will begin as soon as holds are removed. 4 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 12, 2016 Action Item for the City Council Meeting of July 19, 2016 DATE: June 17, 2016 TO: Margie C. Rose, Interim City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 State Homeland Security Grant Application to purchase SWAT Ballistic Protection Equipment in the amount of $181,873.20 CAPTION: Resolution ratifying the submission of a grant application in the amount of $181,873.20 to the Office of the Governor for the SWAT Ballistic Protection Equipment project; and authorizing the City Manager or the City Manager's designee to accept, reject, alter or terminate the grant. PURPOSE: The purpose of the grant is to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities. BACKGROUND AND FINDINGS: None ALTERNATIVES: Not accepting terms and conditions of the grant will jeopardize the utilization of the grant funds for homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval to submit grant application. EMERGENCY / NON -EMERGENCY: Staff is requesting a non -emergency reading to this routine, non -controversial item. DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2015-2016 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this resolution to submit a grant application to the Office of the Governor for the SWAT Ballistic Protection Equipment in the amount of $181,873.20. LIST OF SUPPORTING DOCUMENTS: Resolution Grant Application Resolution ratifying the submission of a grant application in the amount of $181,873.20 to the Office of the Governor for the SWAT Ballistic Protection Equipment project; and authorizing the City Manager or the City Manager's designee to accept, reject, alter or terminate the grant. WHEREAS, the City of Corpus Christi finds it in the best interest of the citizens of Corpus Christi, that the SWAT Ballistic Protection Equipment be utilized for the year of 2017; WHEREAS, the City of Corpus Christi agrees provide applicable matching funds for the said project; WHEREAS, the City of Corpus Christi agrees that in the event of loss or misuse of the Office of the Governor funds, the City of Corpus Christi assures that the funds will be returned to the Office of the Governor in full; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council ratifies the submission a grant application in the amount of $181,873.20 for the SWAT Ballistic Protection Equipment project to the Office of the Governor. SECTION 2. The City Manager, or the City Manager's designee, may apply for, accept, reject, alter or terminate the grant. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Grant Number #3137501 Page 1 of 2 Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Page 2 of 2 CBCOG REGION FY16 HOMELAND SECURITY GRANT PROJECT PROPOSAL Applicant (jurisdiction and dept.): _City of Corpus Christi/Police Department, Emergency Response Unit Project Title: SWAT Ballistic Protection Type of Project: _X_ Regional Local Top 5 Priority # 3 Law Enforcement Project: XYes No Headquarter County (majority of services will be provided in this county): _Nueces Participant(s)—Jurisdiction(s), departments/groups/teams: This grant will be used by the Corpus Christi Police Department Emergency Response Unit —SWAT Team. The team serves high risk warrants for surrounding smaller agencies and responds to critical incidents at the request of area agencies. Project Manager: Name: William Breedlove Email: Williamb@cctexas.com Phone Number(s): _361-834-4455 Estimated Cost of Project: $ 181,873 (budget line item details & quotes attached) Select one or more Project Activities which best describe the project and dedicated percentage of activity. Select % of Project Activity Description of Activity Critical Infrastructure Identifying critical infrastructure, collecting and maintaining data, and prioritizing critical infrastructure assets, clusters, and systems. Assessments of critical infrastructure vulnerabilities and interdependencies, particularly those involving multiple sites and/or sectors. Planning, training, exercises, equipment, and modeling enabling responsible jurisdictions to mitigate threats to and vulnerabilities of critical infrastructure facilities, assets, networks, and systems. Analysis of critical infrastructure threats and information sharing with private sector partners. Education and communications to enhance public awareness and increase reporting of suspicious activities related to critical infrastructure. Fusion Center Support for a recognized fusion center (please refer to http://www.dhs.gov/fusion- center-locations-and-contact-information). Intelligence & Information Sharing Projects that enable interdiction and disruption of terrorist activity through enhanced understanding and recognition of pre -operational activity and other crimes that may be precursors or indicators of terrorist activity. Interoperable Communications Building capabilities to meet P-25 standards and sustaining existing capabilities through life cycle replacement of equipment. Operational Coordination Establishing and maintaining a unified and coordinated operational structure and process that integrates critical stakeholders. Includes implementing and enhancing emergency operations centers and conducting or participating in incident management training and/or exercises. State, Regional & Local Planning Development of state and regional risk and preparedness assessments. Core capability development planning, to include typing and tracking of equipment and special response teams. Planning and execution of training and exercises focused on terrorism prevention, protection and response. Multi -jurisdictional operational planning to include plans for regional operational coordination of terrorism prevention, protection, and response capabilities. Maintaining or updating Emergency Operations Plans. Planning and implementation of initiatives (e.g. CERT team training) to enhance the Citizen Corps Program. Public Warning Systems (note: public warning systems must be responsive to terrorism threats). WebEOC and other situational awareness and decision support tools. 1 (% total should equal to 100%): Narrative Information Description of Project and Issues Project will Target: Recent terrorist and active shooter incidents have included improvised explosive devices targeting citizens and first responders. Since current ballistic protection for the Corpus Christi Police Department (CCPD) SWAT team will expire at the end of this year, there will be a need to continue with a level of protection that will ensure the safety of SWAT officers responding to high-risk incidents and warrants such as encountering IEDs. Supporting Data — Provide supporting data, including baseline statistics and the sources of data which are pertinent to the grant project and its target area. Do not use statewide data for a local problem or national data for a statewide problem. In 2015, the SWAT team was operational 41 times. Twenty-five operations were high-risk warrants and one of them occurred in Robstown, Texas. The team also responded to 10 high-risk barricade or hostage situations. The SWAT team has provided security for six events, including the visit of former first lady Bush due to a terroristic threat made on the venue a day before the planned visit. The SWAT team has also worked with the bomb squad on eight of these operations. Goal Statement — Provide a brief description of the overall goals and objectives for this project. The goal of this project is to provide each member of the SWAT team adequate ballistic protection. State and Regional Impact The responses in this section should be consistent with the following: 1. CBCOG Top 5 Priority 2. Threat and Hazard Identification and Risk Assessment (THIRA) 3. State Preparedness Report 4. Homeland Security Strategic Plan Implementation Plan (regional projects) 5. Homeland Security Strategic Plan for Texas (state projects) Which CBCOG Top 5 Priority applies to this project? 3 How does the project support the priority? This project will enhance the SWAT team by providing the ability to respond to high-risk incidents with appropriate ballistic protection. Describe the threats and hazards that create the need for the project. Include reference to page(s) of regional THIRA, if applicable: THIRA Page(s) Description of Threats and Hazards 2 Human Caused — Explosive Devices (IED, VBIED, SBIED) Describe the capability gap(s) which will be addressed by the project. Include reference to page(s) of regional SPR, if applicable: 2 Sustaining Special Response Teams CBRNE /WMD detection, HAZMAT response and decontamination, Urban Search and Rescue, SWAT and other tactical teams. Also includes first responder equipment X 100% and First Responder Capabilities sustainment needs, including PPE, WMD Pharmaceuticals, Calibration and maintenance for WMD-related detection and identification systems, and closely related investments to update or sustain current first responder equipment. (% total should equal to 100%): Narrative Information Description of Project and Issues Project will Target: Recent terrorist and active shooter incidents have included improvised explosive devices targeting citizens and first responders. Since current ballistic protection for the Corpus Christi Police Department (CCPD) SWAT team will expire at the end of this year, there will be a need to continue with a level of protection that will ensure the safety of SWAT officers responding to high-risk incidents and warrants such as encountering IEDs. Supporting Data — Provide supporting data, including baseline statistics and the sources of data which are pertinent to the grant project and its target area. Do not use statewide data for a local problem or national data for a statewide problem. In 2015, the SWAT team was operational 41 times. Twenty-five operations were high-risk warrants and one of them occurred in Robstown, Texas. The team also responded to 10 high-risk barricade or hostage situations. The SWAT team has provided security for six events, including the visit of former first lady Bush due to a terroristic threat made on the venue a day before the planned visit. The SWAT team has also worked with the bomb squad on eight of these operations. Goal Statement — Provide a brief description of the overall goals and objectives for this project. The goal of this project is to provide each member of the SWAT team adequate ballistic protection. State and Regional Impact The responses in this section should be consistent with the following: 1. CBCOG Top 5 Priority 2. Threat and Hazard Identification and Risk Assessment (THIRA) 3. State Preparedness Report 4. Homeland Security Strategic Plan Implementation Plan (regional projects) 5. Homeland Security Strategic Plan for Texas (state projects) Which CBCOG Top 5 Priority applies to this project? 3 How does the project support the priority? This project will enhance the SWAT team by providing the ability to respond to high-risk incidents with appropriate ballistic protection. Describe the threats and hazards that create the need for the project. Include reference to page(s) of regional THIRA, if applicable: THIRA Page(s) Description of Threats and Hazards 2 Human Caused — Explosive Devices (IED, VBIED, SBIED) Describe the capability gap(s) which will be addressed by the project. Include reference to page(s) of regional SPR, if applicable: 2 SPR Page(s) Description of Capability Gaps 69-70 On -scene Security and Protection Core Capability Explain how the project will reduce the capability gap(s): The project will allow for updated protective clothing for the SWAT team members responding to dangerous situations without losing any capabilities. Describe existing capability levels and what is or will be in place to support the investment prior to the use of these grant funds if awarded: All SWAT officers are trained and qualified through the Texas Tactical Police Officers Association. The officers also attend 16 hours of training each month. Explain the long-term approach to sustaining the capabilities developed by this project to include the need for future grant funding, if applicable: This equipment has an expiration of five years by NIJ standards. Provide an explanation of the regional and/or statewide impact of this project: The Corpus Christi Police Department SWAT team provides service to the surrounding communities for high-risk incidents. BUDGET LINE ITEM DETAILS QTY/% OF SALARY ITEM DESCRIPTION COST EACH TOTAL COST 36 Ballistic VEST $1,842.50 $66,330.00 36 Collar Protector $134.00 $4,824.00 36 THROAT Protector $120.60 $4,341.60 36 Bicep Protector $502.50 $18,090.00 36 Groin Protector $241.20 20 $8,683.20 36 Police Patch- shoulder $6.70 $241.20 36 Police Patch- Back $6.70 $241.20 72 Level 111 Polyethylene Plate 10X12 $522.60 $37,627.20 36 * DELTA 4 HI CUT COMPLETE Helmet $900.00 $32,400.00 TOTAL PROJECT COST $ 181,873.00 ATTACH ESTIMATED QUOTE(S) 2013-2015 HOMELAND SECURITY GRANT HISTORY YEAR GRANT PROJECT DESCRIPTION AMOUNT AWARDED COMPLETE Y/N 2013 SHSP SO1 CBCOG City of Corpus Christi Regional Response Teams Support and Training Project $39,360.02 Y 2013 SHSP P05 CBCOG City of Corpus Christi MMRS Planning $37,843.38 Y 3 2013 SHSP P02LE SHSP CBCOG City of Corpus Christi Regional Bomb Squad Equipment $20,890.48 Y 2013 SHSP SO2 CBCOG City of Corpus Christi EOC Video Screens $28,713.69 Y 2013 SHSP LETPA P02LE CBCOG City of Corpus Christi Regional Bomb Squad Equipment $38,598.00 Y 2014 SHSP P10 Corpus Christi Hazmat Equipment $59,208.82 N 2014 SHSP S01 Corpus Christi EOC Equipment $28,080.27 Y 2014 SHSP SO2 Corpus Christi MMRS Planning $20,427.59 Y 2014 SHSP SO4 Corpus Christi Search and Rescue Equipment $53,448.32 Y 2014 SHSP LETPA P01LE Corpus Christi Dive Team Training $50,028.00 N 2014 SHSP LETPA P03LE Corpus Christi Bomb Squad Equipment $23,207.00 Y Provide an explanation for each project not completed: 2014 SHSP: Air Monitoring Filters are on -order. Full amount of award was not used. 2014 SHSP LETPA: Full amount of award was not used. 2015 HSGP: Fund holds exist for 2015 projects. Purchasing process will begin as soon as holds are removed 4 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 12, 2016 Action Item for the City Council Meeting of July 19, 2016 DATE: July 12, 2016 TO: Margie C. Rose, Interim City Manager FROM: Dan Grimsbo, Interim Director of Water Utilities DanG(c�cctexas.com (361) 826-1718 Maria Pedraza, Procurement Manager Mariape(c�cctexas.com (361) 826-3176 Lease of Six Trucks CAPTION: Motion approving the lease of six trucks from PV Rentals, for the amount of $65,880 based on a cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative, dba BuyBoard, of which $16,470 is required for the remainder of FY 2015-2016. Funds have been budgeted by the Utilities Department. The remaining contract balance will be funded through FY2016-2017. The term of the contract will be for one year with no extensions. PURPOSE: To approve the motion to lease six trucks for the Utilities Department. BACKGROUND AND FINDINGS: These trucks are needed to continue to meet current service level agreements, directives and operational requirements. These vehicles are used primarily by collection services to complete disconnection/reconnection orders issued by the Utilities Billing Office. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,042,218.77 $49,410.00 $2,091,628.77 Encumbered / Expended Amount $1,290,443.83 $0 $1,290,443.83 This item $16,470.00 $49,410.00 $65,880.00 BALANCE $735,304.94 $0 $735,304.94 Fund(s): Water Fund Comment: The $65,880 financial impact shown above represents the cost of the total contract value. The amount of the contract to be paid in FY2015-2016 is $16,470 from the Water Fund. The remaining contract balance will be funded through the FY2016-2017 budget. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: DOMINGO VALDEZ PRICE SHEET LEASE OF 6 TRUCKS TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE BuyBoard Contract No. 489-15 ITEM DESCRIPTION QTY. UNIT PV Rentals Corpus Christi, TX UNIT PRICE EXTENDED PRICE 1. 2016 V8 Chevy Trucks 6 ea $915 x 12 months $65,880.00 TOTAL $65,880.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 12, 2016 Action Item for the City Council Meeting of July 19, 2016 DATE: July 12, 2016 TO: Margie C. Rose, Interim City Manager FROM: Dan Grimsbo, Interim Director of Water Utilities DanG(c�cctexas.com (361) 826-1718 Maria Pedraza, Procurement Manager MariaPe(c�cctexas.com (361) 826-3176 Liquid Cationic Polymer Supply Agreement CAPTION: Motion approving a Supply Agreement with Polydyne Inc. of Riceboro, Georgia for water treatment chemicals in accordance with Bid Invitation No. 116, based on the lowest responsive, responsible bid for an estimated annual expenditure of $345,390.00 of which $57,565.00 is budgeted by the Water Department for the remainder of FY 2015-2016. The terms of the contract will be for one year with options to extend for up to two additional one year periods, subject to the approval of the Supplier and the City Manager or designee. PURPOSE: Polymer is a coagulant aid chemical used for the treatment of potable drinking water at the O.N. Stevens Water Treatment Plant. This aid helps bring the particles in the water together to promote better settling in the treatment process. BACKGROUND AND FINDINGS: The option to extend the previous contract has expired. The City is currently purchasing the above chemical on an emergency purchase order. 41 vendors were notified of this bid event via the City's Supplier Portal. Four bid submittals were received, of which three were non-responsive due to the item not carried by vendor or was out of stock at the time the bid was due. ALTERNATIVES: Without polymer being added to the water treatment process the settled water turbidities will be much higher. The effect on the filters would result in higher finished water turbidities, which could result in treatment violations from Regulatory Agency. OTHER CONSIDERATIONS: No other product available. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Water Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $4,793,426.02 $287,825.00 $5,081,251.02 Encumbered / Expended Amount $3,172,222.97 $3,172,222.97 This item $57,565.00 $287,825.00 $345,390.00 BALANCE $1,563,638.05 $.0 $1,563,638.05 Fund(s): Water Fund Comments: The $57,565.00 financial impact shown above represents two months of expenditures that will be encumbered through the end of this fiscal year. The remaining $287,825.00 for the last nine months of the contract will be requested during the normal FY 2016/2017 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement Form 1295 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: DOMINGO VALDEZ BID TABULATION EVENT 116 Liquid Cationic Polymer Recorded by: Jamye Clark TOTAL: $345,390.00 $0.00 $0.00 $0.00 SNF Polydyne Univar USA, Inc. Ferguson Geo Specialty Chemicals, Inc. Riceboro, Ga Corpus Christi, TX Corpus Christi, TX Deer Park, TX Item Description Qty. Unit Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price 1.0 Liquid Cationic Polymer 435 Wet Ton $794.00 $345,390.00 No Bid No Bid No Bid TOTAL: $345,390.00 $0.00 $0.00 $0.00 SUPPLY AGREEMENT NO. 747 THIS Liquid Cationic Polymer Supply Agreement ("Agreement") is entered into by and between Polydyne Inc. ("Supplier"), of Riceboro, Georgia, and the City of Corpus Christi, a Texas home -rule municipal corporation ("City") effective for all purposes upon execution by the City Manager or designee ("City Manager"). WHEREAS, Supplier has bid to provide Liquid Cationic Polymer in response to Request for Bid (RFB) No. 116 in accordance with the Scope of Work including Specification 1181, dated 09/29/2008 which RFB is incorporated by reference in this Agreement as Exhibit "1" and the Bid Response as Exhibit "2"; WHEREAS, the City Council has determined Supplier to be the lowest, responsive, responsible bidder; and NOW, THEREFORE, Supplier and City enter into this Agreement and agree as follows: Scope. Supplier will perform Liquid Cationic Polymer in accordance with the Scope of Work and Specification 1181 as shown in Attachment "A". 2. Term. This Agreement is for one year commencing on the issuance of a notice to proceed. The Agreement includes an option to extend the term for up to two additional one year terms subject to the written approval of the Supplier and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $ 345,390.00, subject to extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance and receipt of an acceptable invoice. All pricing must be in accordance with the Pricing/Bid Schedule as shown in Attachment "B". 4. Quality or Quantity Adjustments. Any quantities indicated on the Pricing/Bid Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements during the Agreement, nor do the estimates limit the City to ordering less than its actual needs during the Agreement, subject to availability of appropriated funds. Substitutions or deviations from product Page 1 of 7 City of Corpus Christi Supply Agreement 5.16.16 requirements or specifications are prohibited without prior written approval of the Contract Administrator 5. Release Order. The City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: Any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order will refer to this Agreement and products will remain with the Supplier until such time as they are delivered and accepted by the City. 6. Inspection and Acceptance. Any products that are delivered but not accepted must be corrected or replaced immediately at no charge to the City or a replacement may be bought 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. 7. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of the Supplier's notices or communications regarding this Agreement must be directed to the Contract Administrator or designee, as follows: Contract Administrator Name: Contract Administrator Department: Contractor Administrator Address: Contract Administrator Phone and Fax: William Creech Water Utilities 33101 Leopard Street, Corpus Christi, Texas (361) 826-1954 williamc@cctexas.com 8. Independent Contractor. Supplier will perform the work hereunder as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Supplier be considered an employee of the City. 9. Insurance. No insurance required for this procurement. 10. Assignment. No assignment of this Agreement or any right or interest herein by the Supplier is effective unless the City Manager first gives its written consent to such assignment. The performance of this Page 2 of 7 City of Corpus Christi Supply Agreement 5.16.16 Agreement by the Supplier is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 11. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on September 30th), is subject to appropriations and budget approval providing for such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 12. Waiver. No waiver of any breach of any term or condition of this Agreement, or the Supplier's bid offer waives any subsequent breach of the same. 13. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of Texas, and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 14. Subcontractors. The Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Suppliers is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 15. Amendments. This Agreement may be amended only by written instrument signed by the parties. Such amendment will be in the form of a change order. Change orders may be used to modify quantities as deemed necessary by the City. 16. Termination. The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement. Failure to keep any required insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Supplier 10 days written notice of the breach and set out a reasonable opportunity to cure. If the Supplier Page 3 of 7 City of Corpus Christi Supply Agreement 5.16.16 has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City may terminate this Agreement for convenience upon 30 days written notice to the Supplier. However, the City may terminate this Agreement on 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out herein. 17. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 18. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 19. Notice. Notice may be given by fax, email, hand delivery or certified mail, postage prepaid, and is received on the day faxed, emailed or hand -delivered and on the third day after deposit if sent certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attention: William Creech 13101 Leopard Street Corpus Christi, Texas. 78410 FAX: 361-826-1954 EMAIL: williamc@cctexas.com IF TO SUPPLIER Polydyne Inc. Attention: Mark Schiag 1 Chemical Plant Road Riceboro, Georgia 31323 FAX: 912-880-2078 EMAIL: PolybidDpt@snfhc.com Page 4 of 7 City of Corpus Christi Supply Agreement 5.16.16 20. Extension. This Agreement is subject to extension at the sole discretion of the City. If the City decides to extend the Agreement, it will be handled through a bilateral change order or amendment to the Agreement. 21. Severability. Each provision of the Agreement is considered to be severable and, if, for any reason, any such provision or any part hereof is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part hereof had been omitted. 22. SUPPLIER AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS CONTRACT OR THE PERFORMANCE OF THIS CONTRACT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL Page 5 of 7 City of Corpus Christi Supply Agreement 5.16.16 SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 23. 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. 24. Order of Precedence. In the event of conflicts or inconsistencies between this Agreement and its exhibits or attachments, such conflicts or inconsistencies will be resolved by reference to the documents in the following order of priority: a. this Agreement and its Attachments, b. the bid solicitation documents including Addenda, c. the Bid Response. Page 6 of 7 City of Corpus Christi Supply Agreement 5.16.16 SUPPLIER Signature: Printed Name: Mark chlag Title: Vice -President Date: June 20, 2016 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attachments: Attachment A: Scope of Work Attachment B: Pricing/Bid Schedule Incorporated by Reference: Exhibit 1: RFB No. 116 Exhibit 2: Bid Response City of Corpus Christi Page 7 of 7 Supply Agreement 5.16.16 ATTACHMENT A- SCOPE OF WORK CITY OF CORPUS CHRISTI MATERIALS MANAGEMENT SPECIFICATION No. 1181 DATE: March 4, 2016 Rev Page 1 of 4 Liquid Cationic Polymer per Specification 1181 SCOPE: This specification covers poly(diallyldimethylammonium chloride), hereinafter abbreviated "polyDADMAC" , for use in the treatment of potable (drinking) water. The polyDADMAC shall be an aqueous solution. Dry powder polyDADMAC will not be acceptable. CONFORMANCE: This Chemical must conform to: A. American National Standards Institute/American Water Works Association Standard for Poly(Diallyldimethylammonium Chloride) ANSI/AWWA B451-98. B. American National Standards Institute/National Sanitation Foundation Institute Standard for Drinking Water Treatment Chemical -Health Effects, ANSI/NSF 60. Conformance to ANSI/NSF 60 must be obtained by certification of this product by an agency recognized by the Texas Natural Resource Conservation Commission. Certification must be either included with the bid or be received by the City within (2) days of notice. Safety Data Sheets (SDS) essentially similar to the U.S. Department of Labor fonn LSB-00 S-5 shall be furnished with the bid documents. CERTIFICATE OF ANALYSIS: A Certificate of Analysis must be furnished for each and every shipment. The Analysis is to contain the following information: a) PH: b) Viscosity: c) Specific Gravity: and d) % Active Polymer solids. WEIGHING REQUIREMENTS: Shipments shall be in approximately 25,000 wet ton gallons (50,000 pound) tank truck lots. Each shipment shall be weighed by local certified weighers before delivery and after unloading. The "weight ticket" or legible copies shall be promptly delivered by the truck driver to the City of Corpus Christi, Lead Operator on duty at the O.N. Stevens Plant, at 13101 Up River Road., Corpus Christi, Texas 78410. Shippers must be equipped with 3 inch Kam -Lok type female connection fittings to connect to the City's storage facilities. The City will not supply air, hoses or any connection fittings to the truck drivers. Deliveries shall be made to the City's storage facility within seven (7) days of order placement. Deliveries shall be made only between the hours of 7:00 A.M. CT and 6:00 P.M. CT Monday thru Friday. Weekend hours are from 9:00 CITY OF CORPUS CHRISTI MATERIALS MANAGEMENT SPECIFICATION No. 1181 DATE: March 4, 2016 Rev Page 2 of 4 A.M. CT to 4:00 P.M. CT on Saturday and Sunday. Deliveries outside these hours will not be accepted until the scheduled delivery hour of the following day. MATERIAL REQUIREMENTS: The estimated annual requirement for polyDADMAC is 435 tons. This quantity is based on treating 27,500,000,000 gallons of water at a dosage of 13 pounds per million gallons. OWNERSHIP: City's ownership of the polyDADMAC shall begin, and successful bidder's ownership shall cease, upon the unloading of the polyDADMAC into the City's storage facilities. OSHA AND TRAINING: Any material supplied must comply with all requirements and standards of the Occupational Safety and Health Act. All appropriate markings shall be in place before delivery. Items not meeting OSHA specifications will be refused. Successful Bidder, at its expense, shall provide training to City employees in the safe handling, storage and use of the material on a semiannual basis at the convenience of the City, to be arranged with the Plant Supervisor. This training shall include a DVD presentation of sufficient length to visually portray the proper procedures for handling storage and use of polyDADMAC. Also, all information continued on the SDS shall be thoroughly covered. REJECTION: The City shall have 30 days to notify the Supplier of the City's dissatisfaction with a shipment of polyDADMAC. The City reserves the right to reject a shipment when one or more of the specified parameters do not meet the specifications. The polyDADMAC shall meet the following requirements. Percent Active PolyDADMAC Solids: 30% to 50%. Viscosity Range: 1500 to 3500 cps (centipoise). Molecular -Weight Range: 150,000 to 300,000. Homogeneity of Molecular Weight: +/- 50,000. Repeating Monomeric Unit: Dimethyl. Specific Gravity: 1.06 to 1.09. pH Range: 5.0 to 8.0. CITY OF CORPUS CHRISTI MATERIALS MANAGEMENT SAMPLE TO BE SUBMITTED SPECIFICATION No. 1181 DATE: March 4, 2016 Rev Page 3 of 4 A one (1) liter sample of the material shall be furnished as part of the bid package for analysis by the City of Corpus Christi. The Material may be shipped directly to the Plant Supervisor III, O.N. Stevens Water Treatment Plant, 13101 Up River Road, Corpus Christi, TX 78410 (This is a physical address and is not for U. S. Mail usage). The U. S. Mail address is Plant Supervisor III, O.N. Stevens Water Treatment Plant, City of Corpus Christi, P. O. Box 9277, Corpus Christi, TX 78469-9277. An Affidavit of Compliance, issued by the manufacturer, must be submitted with the sample. The Affidavit of Compliance is to state that the Poly (Diallyldimethyllammonium Chloride) furnished complies with all applicable requirements of ANSUAWWA B451-92. PAYMENT ADJUSTMENTS: 1. Payment for deliveries by the vendor shall be based on the percent of active polymer solids of PoIyDADMAC of each load as compared to the bid as shown in the following examples. EXAMPLE No. 1 Delivered Quantity = 25 Tons Bid Price = $100.00 per Ton Bid active polymer solids o PoIyDADMAC = 40% Actual delivered active polymer solids of polyDADMAC = 30% 25.000 Tons x $100.00 x 30%/40% = $1,875.00 EXAMPLE No. 2 Delivered Quantity = 25 Tons Bid Price = $100.00 per Ton Bid active polymer solids o PoIyDADMAC = 40% Actual delivered active polymer solids of polyDADMAC = 40% 25.000 Tons x $100.00 x 40%/40% = $2,500.00 EXAMPLE No. 3 Delivered Quantity = 25 Tons Bid Price = $100.00 per Ton Bid active polymer solids o PoIyDADMAC = 40% Actual delivered active polymer solids of polyDADMAC = 50% 25.000 Tons x $100.00 x 50%/40% = $3,125.00 2. When a conflict arises between the City of Corpus Christi Specifications and the ANSUAWWA Standard B451-92, the City of Corpus Christi requirement shall prevail. 3. The estimated quantity of 40% active polymer material needed is based on the amount required to treat approximately 27,500,000,000 gallons of water using a dosage of 3.8 mg/1. CITY OF CORPUS CHRISTI MATERIALS MANAGEMENT EXAMPLE No. 4 SPECIFICATION No. 1181 DATE: March 4, 2016 Rev Page 4 of 4 Dosage = 3.8 mg/1 Active polymer solids = 40% 27,500,000,000 gallons x 3.8 mg/1 x 8.341b/gal x L/1,000,000 mg = 870,000 lbs or rounded to the nearest 10 Tons = 435 Tons. NOTE: If a material containing less than 40% active polymer solids is provided, a greater quantity of material will be required. If a material containing more than 40% active polymer solids is provided, a lesser quantity of material will be required. ATTACHMENT 13- SCHEDULE OF PRICING CITY OF CORPUS CHRISTI PURCHASING DIVISION BID SHEET BID EVENT NO. 116 DATE: 3/24/16 Polydyne Inc. BIDDER AUTH PAGE 1 OF 1 D SIGNATURE Mark Schlag, Vice -President 1. Refer to "Instructions to Bidders" and Standard Purchase Terms and Conditions before completing bid. 2. Quote your best price, F.O.B. Destination, on 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 c. the disclosure of Interest information on file with the City's purchasing office, pursuant to the Code of Ordinances, is current and true. ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE 2. Twelve-month Supply Agreement with option to extend for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager, or designee. Li Liquid Cationic Polymer435 q y Clarifloc C-318 TNS TN(s) $794.00 $345,390.0C a9�� orms provided by Tex IgjctisfCerGjpilll►1tt Notary Public f corram,bsion Expires July 28, 201t www.ethics.state.tx.us Version V1.0.312 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE CERTIFICATION ONLY OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Polydyne Inc. Riceboro, GA United States Certificate Number: 2016-30792 Date Filed: 03/24/2016 Date Acknowledged: 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. 29573 Polymer for water treatment and clarification 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT AFFIX NOTARY Sworn to and 20 16 STAMP / SEAL ABOVE subscribed before me, by the said I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. ,- Signat e of authorized agent of contracting business entity Mark Schlag, Vice -President Mark Schlag , this the 24th day of March , to certify which, witness my hand and seal of office. amela J. McDermitt Notary Signature of officer a nistering oath Printed name of officer administering oath Title of officer administering oath a9�� orms provided by Tex IgjctisfCerGjpilll►1tt Notary Public f corram,bsion Expires July 28, 201t www.ethics.state.tx.us Version V1.0.312 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 12, 2016 Action Item for the City Council Meeting of July 19, 2016 DATE: TO: June 24, 2016 Margie C. Rose, Interim City Manager THRU: Mark Van Vleck, Assistant City Manager MarkVV@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 FROM: Dan Grimsbo, Interim Director of Water and Utilities DanG@cctexas.com (361) 826-1718 Jeffrey H. Edmonds, P.E., Director, Engineering Services JeffreyE@cctexas.com (361) 826-3851 Engineering Change Order No. 2 City -Wide Collection System Replacement and Rehabilitation Indefinite Delivery / Indefinite Quantity Program CAPTION: Motion authorizing the City Manager, or designee, to execute Change Order No. 2 with National Power Rodding Corporation of Chicago, Illinois in the amount of $596,194.57 for a total restated fee of $3,437,500.00 for the City -Wide Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity (IDIQ) Program (Program). PURPOSE: The purpose of this agenda item is to obtain authority to execute a change order for the City - Wide Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity (IDIQ) Program. CIP Description: City -Wide Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity (IDIQ) Program The City -Wide Indefinite Delivery/Indefinite Quantity (IDIQ) program is a long-term initiative designed to reduce the number and volume of sanitary sewer overflows within the City and is a key component of the life cycle program component to address collection system conveyance and sanitary sewer infrastructure requirements within the City. The program will identify, prioritize and implement specific capital improvement projects in a phased design and construction approach to extend the service life, improve flows, improve water quality, reduce overflows and cave-ins and reduce long-term maintenance costs. BACKGROUND AND FINDINGS: This Program will consist of wastewater collection system infrastructure repair /replacement in the six wastewater plant service basins. The scope of work includes, but is not limited to: rehabilitation and/or replacement of manholes, rehabilitation and/or replacement of gravity collection lines and/or force mains by pipe bursting, cured -in-place pipe, and/or open -cut method for lines up to 36 -inches in diameter, gravity line point repairs, dewatering through well pointing, control of wastewater flows through bypass pumping, cleaning and televised inspection of conduits, as needed Storm Water Pollution Prevention Plans/permit compliance (subsidiary), and temporary traffic controls. On March 19, 2013, City Council awarded the original construction contract, in the amount of $5,500,000. The contract was approved for a two-year base term (24 -calendar months), with the option to extend administratively for up to three one-year periods (12 -calendar months). The City deemed the contractor responsive and the work of a quality sufficient to continue the contract. On May 23, 2014, the City administratively issued a Notice to Proceed for a one-year extension period (12 -calendar months), in the amount of $5,500,000. On September 29, 2015, the City administratively issued a Notice to Proceed for a one-year extension period (12 - calendar months) in the amount of $2,750,000. On May 13, 2016, Change Order No. 1 was administratively executed to repair unanticipated field conditions. Repair was made to the main deteriorated wastewater line resulting in settlement of the roadway. This change order was necessary to prevent further collapse. This Change Order No. 2 increases the contract change order threshold to the maximum 25% of the second renewed construction contract amount of $2,750,000. This Change order is required to address and accelerate the rehabilitation of several critical areas of the wastewater collection system. Critical line problems were discovered on existing pipelines that required immediate rehabilitation in addition to ongoing projects such as the TxDOT Ramp Reversal project that includes the relocation of all City utilities by July 2016. ALTERNATIVES: 1. Authorize the execution of the Change Order. 2. Do not authorize the execution of the Change Order. (Not Recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $21,042,200 $2,227,300 $23,269,500 Encumbered / Expended Amount $21,042,200 $21,042,200 This Item $596,195 $596,195 Future Anticipated Expenditures This Project $1,078,206 $1,078,206 BALANCE $0.00 $552,899 $552,899 Fund(s): Wastewater CIP #2 Comments: Change Order No.2 will result in the expenditure of an amount not to exceed $596,194.57. RECOMMENDATION: City Staff recommends approval of Change Order No. 2 with National Power Rodding Corporation of Chicago, Illinois in the amount of $596,194.57 for a total restated fee of $3,437,500.00 for the City -Wide Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity (IDIQ) Program (Program). LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Change Order Form 1295 PROJECT BUDGET City -Wide Collection System Replacement and Rehabilitation Indefinite Delivery / Indefinite Quantity Program FUNDS AVAILABLE: Wastwater CIP $ 23,269,500 FUNDS REQUIRED: Construction: *Construction FY 2013-2014 (National Power Rodding Corp) 5,500,000 Construction Renewal FY 2014-2015 (National Power Rodding Corp) 5,500,000 Construction Renewal FY 2015-2016 (National Power Rodding Corp) 3,437,500 Renewal $ 2,750,000 Change Order No. 1 91,305 Change Order No. 2 (THIS ITEM) 596,195 **Pipebursting Part A (PM Construction & Rehab, LLC) 3,750,000 ***Pipebursting Part B (PM Construction & Rehab, LLC) 1,875,000 Construction Observation & Testing: Construction Observation Estimate (TBD) 465,390 Construction Materials Testing Estimate (TBD) 200,000 Design: Design Engineer (LNV, Inc.) 671,745 *Original Contract 162,950 Amendment No. 1 49,000 Amendment No. 2 39,850 Amendment No.3 5,820 Amendment No.4 46,300 ****Amendment No.5 238,550 Amendment No.6 129,275 Design Engineer (Urban Engineering) 362,640 *Original Contract 120,880 ****Amendment No. 1 120,880 *****Amendment No. 2 120,880 *Design Engineer (Coym, Rehmet & Gutierrez Engineering, LP) 120,880 Geotechnical Study and Testing (Rock Engineering) 9,014 Reimbursements: Total Reimbursements. 824,433 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) 349,043 Engineering Services (Project Mgmt/Constr Mgmt) 465,390 Misc 10,000 TOTAL $ 22,716,602 PROJECT BUDGET BALANCE $ 552,899 *National Power Rodding, LNV, Urban and Coym Rehmet & Gutierrez original contracts approved by City Council on March 19, 2013 by Motion No. M2013-047 **PM Construction & Rehab contract approved by Council on January 12, 2016 by Motion No. M2016-001 ***PM Construction & Rehab contract approved by Council on April 19, 2016 by Motion No. M2016-042 PROJECT BUDGET City -Wide Collection System Replacement and Rehabilitation Indefinite Delivery / Indefinite Quantity Program FUNDS AVAILABLE: ****LNV Amendment No. 5 and Urban Amendment No. 2 were approved by City Council on March 31, 2015 by Motion No. M2015-030 *****Urban Amendment No. 2 was approved by Council on December 15, 2015 by Motion No. M2015-139 Allison Service Area San Patricio County Location 1 Oakhurst Dr.(SPID Ramp Reversal) 2 North Beach 3 Ennis Joslin/ McArdle Broadway Service Area I_'_I Corpus Christi Bay Greenwood SerJice Area Oso Service Area 0 Laguna Madre Service Area Whitecap Madre S rvice Area VICINITY MAP NOT TO SCALE Project Number: E15175 City -Wide Collection System Replacement and Rehabilitation Indefinite Delivery Indefinite Quantity Program CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Carpus Chr sti Engineering City -Wide Collection System Replacement and Rehabilitation - Indefinite Delivery/Indefinite Quantity (IDIQ) Program Council Presentation July 12, 2016 Project Location Corpus Chr'sti Engineering San Patnmo County Location 1 Oakhurst Dr.(SPID Ramp Reversal) 2 North Beach 3 Ennis Joslinl McArdle cJ_\ \J( '❑2 J� c Coax. Chid SaS 2 Change Order Summary Corpus Chr sti Engineering TOTAL CONTRACT AMOUNT (9/29/15) 25% Limit Amount Change Order No. 1 Change Order No. 2 (for the following items) Utility Relocations associated with TxDOT Ramp Reversal (Estimate) Additional D.O. Site located at North Beach (Estimate) Additional D.O. Site located at EnnisJoshlin (Estimate) Current contract overrun TOTAL All Change Orders NEW CONTRACT AMOUNT $150,000.00 $100,000.00 $271,194.57 $75,000.00 $2,750,000.00 $687,500.00 $91,305.43 $596,194.57 $687,500.00 $3,437,500.00 Administrative Renewal Administrative Approval THIS ITEM Equal to 25% Limit Amount City of Corpus Christi Engineering Services Change Order CHANGE ORDER NO.: PROJECT: City -Wide Collection System Replacement & Rehab ID IQ Pncurement CONTRACTOR: National Power Rodding Corp. ENGINEER: LNV CHANGE ORDER DATE: 5 26+21316 PROJECT NUMBER: E 15175 CONTRACT TIME: 365 CD (Make the following additions, mndilleatlons or deletions to the work described In the Contract Documents 1 Wasrewmer Funds required for current contract overrun I LS €1575,000.00 575.000.00 2 ilrastewaier Funds needed for Utility Re1ocattons associated w'tri TxDot Ramp Reversal 1 L5 ® S150,000.00 3150,000.00 3 Wasretvawer Additional DO Site located at North Beach 1 LS 13 5100,000.00 5100,000.00 4 Was:rimier Additional DO Site located at Ennis loslim 1 LS ® 5271,19437 3271,194.57 Net Total of This Change Order 5 596,194.57 Why was this Change necessary: This Change Onto Inverses the mann ahrethnld to the muimum 25•• allowed b oddness and accelerate the rehalrilitadon atseveral critical was oldie war:meta collection *stein. This 1DIQ conuructlon contract war for multiple years and reached the fatal option year end funding level. Critical line problems was discovered an existing pipelines that require immediate rehabilitation in rodlike s ongoing project including the TxDOT Ramp Reversal project that all City within must be relocated by tiny 2016. Haw can similar changes be avoided in the future? Baur coordinate a rcplecomenl IDIQ to allow continual work with additional coasidenrion to Increase the initial funding and award threshold for additional work The compensation agreed upon in this Change Order isfull, complete and final paymaufir all costs the Contractor may incur as a result of or relating to this change whether said costs are known, unknown, foreseen or unforeseen at this time, including without llaiinNen, any cost for delay, extended overhead, ripple or Impact cost, or any athayffect on changed or unchanged work as a result of this Change Order. Original Contract Amount 5 2,750,000.00 Previously Approved Change Order Amount 5 91,305.43 Proposed Change Order Amount S 596,19437 Revised Contract Amount 5 3,437,500.00 Percent of Total Change Orders (including this CO) 25.00% Previous Change Orda Contract Time 0 CD Additional Time on This Change Order 0 CD Revisal Control Time 0 CD Recommended by Approved by ICONSULTIN FIRM' 'CONTRACTOR' By Recommended W' Recommended by: Recommended by: Recommended by: DEPARTMENT APPROVALS: Date .7/4/' CITY OF CORPUS CHRISTI Philip L. ',#' It, P.E. Date Acting Construction Engineer Jeffrey Edmonds, P.E. Dare 6/e Approved by: 6.6.16 Wijliam T. Kreidier, President Date Valerie H. Gray, P.E. Date Director of Engineering Serviea Executive Director of Public Works Approved by: Eddie Houlihan Dale Mark Von Vieek Date Budget and Finance Janet Kellogg City Anomey Date Approved by: Operating Department (Wastewater) Assistant City Manager Margie C. Rose Dike Acting City Manager CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-78044 Date Filed: 06/29/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. National Power Rodding Corp. Chicago, IL United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. CITY OF CORPUS CHRISTI g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E15175 City Wide Collection System Replacement & Rehab ID/IQ Procurement 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Carylon Corporation Chicago, IL United States X Ruprecht, Reid Chicago, IL United States X Castel, Fabian Chicago, IL United States X Kreidler, William Chicago, IL United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the al, , - "OFFICIAL SE DESTINY CAMARGO RESENDEZ`A -- and correct. .isclosure is de NOTARY PUBLIC, STATE OF ILLINOIS Signatur:'(authorized agent of contracting bIrsiness entity M Commission h iros 08/3012019 W. iam T. Kreidler, President AFFIX NSTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said William T. Kreidler , this the 29th day of June , 20 16 , to certify which, witness my hand and seal of office. Resendez Notary Public Destiny Camargo Signature of 6 - cer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 12, 2016 Action Item for the City Council Meeting of July 19, 2016 DATE: July 12, 2016 TO: Margie C. Rose, Interim City Manager FROM: Andy Leal Jr., Assistant Director Street Maintenance AndyL(c�cctexas.com (361) 857-1957 Maria Pedraza, Procurement Manager Mariape(c�cctexas.com (361) 826-3176 Purchase of 30 Cabinet Assemblies with Cobalt Controllers and 5 individual Cobalt Controllers CAPTION: Motion approving the purchase of 30 Cabinet Assemblies with Cobalt Controllers and 5 individual Cobalt Controllers from Paradigm Traffic Systems, Houston, Texas based on a cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard, for the amount of $338,200.00. The Street Department has set aside funds in FY 2015-16 for this procurement. PURPOSE: This equipment will be used to replace outdated traffic signal equipment. BACKGROUND AND FINDINGS: There are 247 signalized traffic intersections which are maintained by the Traffic Signal Division. Each intersection is equipped with a traffic controller cabinet, traffic controller, and various other control components. The existing NEMA TS -1 Traffic Cabinets are older, obsolete, and not compatible with the latest technology of traffic controllers and have limited functionality. The existing older Econolite ASC 2&3 traffic controllers have communication compatibility issues with the Centracs Advance Transportation System software. Replacement of this outdated equipment will improve traffic management operations and is part of the plan in developing the Traffic Management Center. ALTERNATIVES: None. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -Emergency. DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $564,211.80 $0 $564,211.80 Encumbered / Expended Amount $207,697.04 $0 $207,697.04 This item $338,200.00 $0 $338,200.00 BALANCE $18,314.76 $0 $18,314.76 Fund(s): Street Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: DOMINGO VALDEZ PRICE SHEET PURCHASE OF 30 COBALT CABINETS WITH CONTROLLERS AND 5 CONTROLLERS TEXAS GOVERNMENT PURCHASING COOPERATIVE BuyBoard Contract No. 432-13 ITEM DESCRIPTION QTY. UNIT Paradigm Traffic Systems Houston, TX UNIT PRICE EXTENDED PRICE 1 W red P-44 Cabinet Assembly with Cobalt Controller Part #PTSI 30 ea $12,700.00 $381,000.00 P44COB, Manufacturer: Paradigm Traffic Systems 2. Discount- Repeat Customer 30 ea 51,860.00 $55,800.00 3. Cobalt 2100 ATC Signal Controller Part # COB21100110009 5 ea $3,100.00 $15,500.00 4. Discount- Repeat Customer 5 ea 5500.00 52,500.00 TOTAL $338,200.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 12, 2016 Action Item for the City Council Meeting of July 19, 2016 DATE: TO: June 27, 2016 Margie C. Rose, Interim City Manager FROM: Valerie H. Gray, P.E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 Andres Leal, Jr., P. E., Interim Director of Street Operations andyl@cctexas.com (361) 826-1957 Resolution Regional Transit Authority (RTA) 2016 Funding for Street Preventative Maintenance Program (SPMP) CAPTION: Resolution authorizing the City Manager or designee to execute the "Notification for Additional Funding in 2016 (Street Maintenance Program)" in an amount of $2,814,839.00 for the Corpus Christi Regional Transportation Authority's fiscal year 2016 allocation to the City's Street Preventative Maintenance Program (SPMP) projects. PURPOSE: The purpose of this item is to receive authorization to execute the "Notification for Additional Funding in 2016 (Street Maintenance Program)" from the Regional Transportation Authority (RTA). BACKGROUND AND FINDINGS: The City and RTA entered into a revised Interlocal Agreement in 2013 (attached). The RTA allocates a percentage of its sales tax receipts for funding the Street Preventative Maintenance Program based upon an allocation formula developed by the RTA. Actual funding for each fiscal year is based on the amount budgeted for the adopted fiscal year. The RTA has contributed the following amounts over the previous three years to the City for street preventative maintenance: 2013 (new Interlocal Agreement) $2,281,891 2014 Contribution Letter 2,547,728 2015 Contribution Letter 2,658,487 RTA has provided the City with the "Notification for Additional Funding in 2016 (Street Maintenance Program)" notifying of their contribution amount of $2,814,839 for the City's Fiscal Year 2017. (Funds from RTA's 2015 Fiscal Year Contribution were received during the City's 2016 Fiscal Year.) ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Resolution complies with City's financial policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Financial Services, Street Operations FINANCIAL IMPACT: ❑Operating X Revenue ❑Capital ❑ Not applicable Fiscal Years 2015 - 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered/Expended Amount This item $2,814,839.00 $2,814,839.00 BALANCE 0 $2,814,839.00 $2,814,839.00 Fund(s): Street Maintenance Fund Comments: This is funding from RTA for the City's Fiscal Year 2017. RECOMMENDATION: City Council authorization to execute the "Notification for Additional Funding 2016 (Street Maintenance Program)". LIST OF SUPPORTING DOCUMENTS: Resolution with Notification for Additional Funding 2016 (Street Maintenance Program) 2013 Interlocal Agreement between City and RTA Resolution authorizing the City Manager or designee to execute the "Notification for Additional Funding in 2016 (Street Maintenance Program)" in an amount of $2,814,839.00 for the Corpus Christi Regional Transportation Authority's fiscal year 2016 allocation to the City's Street Preventative Maintenance Program (SPMP) projects. Whereas, the Corpus Christi Regional Transportation Authority ("RTA") and the City of Corpus Christi ("City") entered into a revised Interlocal Agreement ("the Agreement"), approved by City Council on May 28, 2013; Whereas, the intent of the 2013 revision was to provide for RTA to increase its funding for street improvement projects; Whereas, as revised, the Agreement provides for RTA to allocate a percentage of its sales tax receipts based upon an allocation formula developed by the RTA; Whereas, the Agreement further provides that RTA's actual funding for each fiscal year is to be based on the budgeted amount for the Street Improvement Program adopted for the fiscal year; Whereas, Section 2 of the Agreement provides as follows: 2. The RTA is allocating a percentage of its sales tax receipts for funding the new Program, said amount to be allocated among all participating governmental units based upon an allocation formula developed by the RTA. The RTA's actual funding for the Program for each fiscal year shall be based on the amount budgeted for the Street Improvement Program adopted for the fiscal year. The projected funding for fiscal year 2013 under this Agreement is $2,281,891.00. Whereas, the RTA has contributed the following amounts over the previous three years to the City for street preventative maintenance: FY 2013 FY 2014 FY 2015 2,281,891.00 2,547,728.00 2,658,487.00 Whereas, RTA has provided the City with the attached "Notification for Additional Funding in 2016 (Street Maintenance Program)" to be executed for the sole purpose of acknowledging this additional funding in the amount of $2,814,839.00 for its fiscal year 2016. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute the "Notification for Additional Funding in 2016 (Street Maintenance Program)", attached as Exhibit A, in the amount of $2,814,839.00 for the Corpus Christi Regional Transportation Authority's fiscal year 2016 allocation to the City's Street Preventative Maintenance Program and any other documents necessary to accept additional funding. ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi, Texas of , 2016 The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Todd Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn EXHIBIT A NOTIFICATION FOR ADDITIONAL FUNDING IN 2016 (Street Maintenance Program) The Regional Transportation Authority in Corpus Christi, Texas ("RTA"), a metropolitan transit authority operating under Chapter 451 of the Texas Transportation Code, and the City of Corpus Christi, Texas ("City"), a municipal corporation, entered into a revised Interlocal Agreement (the "Agreement'*) in 2013 providing funding by the RTA to the City for a Street Maintenance Program. The RTA has allocated the amount of $2,814,839.00 for its fiscal year 2016 under the Agreement. Such funds shall be paid to the City for projects in the manner provided under the Agreement. As provided in the Agreement, the City has agreed to submit its proposed list of street improvement projects for fiscal year 2016 funding and file a report with the RTA within 90 days following the end of each year on the expenditure of the funds paid to the City during the previous fiscal year. The RTA additionally has adopted a policy to encourage contracting with disadvantaged business enterprises (DBEs) in all procurements and has adopted a goal of 13% participation for the current year. The City is encouraged to provide contracting opportunities for DBEs in connection with the use of these funds and include the level of DBE participation in the final report. This Amendment is made for the sole purpose of acknowledging the additional funding for 2016. All terms and conditions of the Agreement shall continue in full force and effect and are ratified and confirmed. EXECUTED IN DUPLICATE ORIGINALS this /2---‘3, of May, 2016. C.CEPTED: CITY OF CORPUS CHRISTI, TEXAS 13y: Ronald L. Olson, City Manager Date: , 2016. F 1278B RTA16 IntLocal116 TransFund-Nottcc-CC docx REGIONAL TRANSPORTATION AUTHORITY By: Jorg -Aedo, CEO RTA INTERLOCAL AGREEMENT (Street Maintenance Program) This Interlocal Agreement is made between Regional Transportation Authority in Corpus Christi, Texas ("RTA"), a metropolitan transit authority operating under Chapter 451 of the Texas Transportation Code, and the City of Corpus Christi, Texas, ("City"), a municipal corporation. WHEREAS, the RTA has provided a Street improvement Program (the "Street Improvement Program" or the "Program") since the RTA's creation in 1985, to provide financial assistance for street projects to local govenunental entities; and WHEREAS, the RTA desires to increase funding based upon sales tax revenues and provide for a more efficient process in funding street projects; NOW, THEREFORE, BE IT AGREED BY THE REGIONAL TRANSPORTATION AUTHORITY AND THE CITY OF CORPUS CHRISTI, TEXAS: 1. Proposals Under Program. No later than February 1 of each year during the term of this Agreement, the City shall submit a request specifying the street maintenance projects (the "Projects") which are eligible for consideration for funding under the Program. RTA shall review the proposals submitted by alt governmental entities in the RTA's service area and develop a list of priorities of the Projects based on the transportation needs of the RTA and the transportation needs of the City. The RTA staff and the staff of the City shall work diligently to develop a final list of Projects to be funded under this Program. To the extent feasible, the City shall coordinate with overlapping jurisdictions any Projects which will maximize the impact of RTA's Program. 2. Funding. The RTA is allocating a percentage of its sales tax receipts for funding the new Program, said amount to be allocated among all participating governmental units based upon an allocation formula developed by the RTA. The RTA's actual funding for the Program for each fiscal year shall be based on the amount budgeted for the Street Improvement Program adopted for the fiscal year. The projected funding for fiscal year 2013 under this Agreement is $2,281,891.00. 3. Eligible Street Projects. The Projects eligible for funding shall include any street projects permitted under Chapter 451 of the Texas Transportation Code. The City may seek for inclusion as an eligible Project, Projects which would be wholly -funded by the RTA and Projects which may be partially -funded by RTA. The parties agree that the City intends to use the funds for overlays and sealcoat projects which would alter the construction of roadways utilized by the RTA as authorized under Chapter 451. Any Projects involving the construction of bus pads or ADA accessibility improvements shall be funded separately either by the RTA or the City acting independently or based on their mutual agreement. 4. Completion of Projects. Upon approval of the Projects by the RTA, the RTA shall provide funding by remitting payment directly to City as and when the expenses are incurred, subject to the maximum funding authorized under this Agreement. The City agrees to diligently proceed with the completion of the approved Projects upon the receipt of funding. Upon the 2013-180 5/28/13 Res. 029847 INDEXED completion of the Projects, the City shall invoice the RTA for the amounts payable under this Agreement showing the actual expenditures made by the City in connection with the Projects and the amount payable by the RTA. The RTA shall make payment within thirty (30) days of the receipt of the invoice subject to the requirements of this Agreement. 5. Signage. All Projects funded by the RTA will be identified as an RTA -funded Project through construction signs or other signage located at the site of the Project. Such signs shall be provided by the RTA and maintained by the City on the construction sites throughout the project, but at least a minimum of seven (7) days in the event the project takes less than seven (7) days to complete. 6. Reporting. Within ninety (90) days following the end of each year of this Agreement, the City shall report to the RTA on any Projects that have not been completed by the time the report is made and indicate the status of the Projects and the estimated time of completion. The report shall be supplemented by the City upon completion of the Project by the submission of the invoice showing the actual amount of expenditures made and amount payable by the RTA. 7. Term and Renewal. This Agreement shall be for an initial term of one year. This agreement is subject to automatic renewal unless terminated as provided herein. Notice of termination shall be given upon 90 days advance written notice. Any such notice of termination shall be given to each of the parties to this Agreement in accordance with the notice provisions provided below. 8. Additional Projects. Nothing in this Agreement shall prevent the RTA and the City from entering into other agreements for the completion of street projects or other transportation -related projects of mutual interest outside the terms of this Agreement or entering into multi-year programs for major projects. 9. Payments. Any payment made by the RTA for any of the services provided pursuant to this Agreement shall be made out of current revenues available to the RTA as required by the Inter- local Cooperation Act. All funding obligations of the RTA and the City under this Agreement are subject to the appropriation of funds by each entity in its annual budget. 10. Federal Provisions. The City agrees to include such provisions in its construction documents as reasonably required by the RTA in order to meet the requirements of the federal government for providing federal transit assistance. The City agrees to comply with Title VI of the Civil Rights Act in its determination of projects funded under this Agreement. The RTA shall review all projects to ensure compliance with Title VI of the Civil Rights Act. 11. Severability Clause. If any portion of this Agreement or the application thereof to any person or circumstance. shall be held to be invalid or unconstitutional by any . court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby and shall continue to be enforceable in accordance with its terms. 12. Notices. Notices under this Agreement shall be addressed to the parties as indicated below, or changed by written notice to such effect, and shall be effected when delivered or when deposited in the U.S. Mail, post pre -paid, certified mail, return receipt requested. -2 RTA: CEO Regional Transportation Authority 5658 Bear Lane Corpus Christi, Texas 78405 CITY: City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Attn: City Manager 13. Performance. This Agreement shall be performed in Nueces County, Texas, and shall be interpreted according to the laws of the State of Texas. 14. Enikulgraingt This Agreement represents the entire agreement between the parties and may not be modified by any oral amts or understandings. Any amendments must be made in writing and signed by all parties. 15. hisignnigni. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective successors and permitted assigns. This Agreement may not be assigned by any party without the written consent of all of the other parties. 16. intotiosdraminatuAl. This Agreement is subject to the terms and provisions of the Texas Inter -local Cooperation Act, codified as Chapter 791 of the Texas Local Government Code. Further, each party represents that this agreement has been duly passed and approved by its governing body, as required by the Act, 17. Repliumment Qf 2001 Agreerpen. This Interlacal Agreement for street improvement funds between the RTA and the City shall replace the 2001 Interlocal Agreement for street improvement fiords between the RTA and the City in its entirety. The funding in this Interlocal Agreement includes the funding provided in that original Agreement between the City and the RTA dated as of November 26,1985. Executed thisC t day of Z &r,e , 2013. CORPUS CHRISTI REGIONAL CITY OF CORPUS CHRISTI TRANSPORTATION AUTHORITY By: Scott Neeley, CEO J Ronald L. O1on, tity Manager By: :711' --� eillitiCIL vq2-(4V) • ° SECIVAINT c+noamne4 end setdnpslryannrc%Lotar Seninannmpnuy moon FikdOontent.oudooi<l7(CNPApauf113 Th iFund AgnuCt - ev (4).dxx - 3 - ArrEst AR Q IPA CITY SEa ETAr ' AGENDA MEMORANDUM Future Item for the City Council Meeting of July 12, 2016 Action Item for the City Council Meeting of July 19, 2016 DATE: June 21, 2016 TO: Margie C. Rose, Interim City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 CAPTION: Engineering Construction Contract Greenwood Drive from Gollihar Road to Horne Road BOND 2012 Proposition 1 Motion authorizing the City Manager, or designee, to execute a construction contract with HAAS -Anderson Construction, LTD of Corpus Christi, Texas in the amount of $3,789,579.60 for Greenwood Drive from Gollihar Road to Horne Road for the total base bid. (BOND 2012 Proposition 1) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract for Greenwood Drive from Gollihar Road to Horne Road Project. (BOND 2012 Proposition 1) BACKGROUND AND FINDINGS: This project was approved in the Bond 2012 Proposition 1 Street Projects by the community in the general election held on November 6, 2012. Bond 2012 Brochure description: "Greenwood Drive from Gollihar Road to Horne Road — This project includes full depth repair and widening of the existing five lane roadway (four travel lanes and continuous center left turn lane). The existing travel lanes will be widened and reconstructed to meet the requirements of the UTMP A-1 Arterial designation. Other street improvements include curb and gutter, wide sidewalks, ADA curb ramps, lane striping and pavement markings, and bus stop rehabilitation." The Project includes the full depth reconstruction of existing 4 -lane with continuous center turn—lane with new curb and gutter, sidewalks, bus stop, pavement markings and striping. The project also includes upgrades to City utilities for water, wastewater, storm water and gas. The new pavement will be Hot -Mix -Asphalt -Concrete (H MAC) to match the existing Greenwood Drive pavements. The bike route associated for this corridor from Gollihar to Horne was included under a separate project for the Hector P. Garcia Park as a joint MPO/City project and cost sharing under the Transportation Alternative Program. This project is under design with construction planned for early 2017. On June 15, 2016, the City received proposals from four (4) bidders and the bids are as follows: Contractor Base Bid HAAS -Anderson Construction, LTD Corpus Christi, Texas $3,789,579.60 JE Construction Services Corpus Christi, Texas $3,960,119.26 Bay, LTD. Corpus Christi, Texas $4,194,409.15 Clark Pipeline Services, LLC Corpus Christi, Texas $4,298,809.34 ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: Govind Development, LLC is the design engineer that was selected for this project under RFQ 2012-03. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contracts. Conforms to FY 2015-2016 Street Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Budget and Expenditures Current Year Future Years TOTALS Budget $3,866,528.15 $1,220,400.00 $5,086,928.15 Encumbered / Expended Amount 653,773.03 0.00 653,773.03 This item 0.00 $3,789,579.60 $3,789,579.60 Future Anticipated Expenditures This 0.00 626,833.97 626,833.97 Project BALANCE $3,212,755.12 ($3,196,013.57) $16,741.55 Fund(s): ST 30 Comments: N/A RECOMMENDATION: City staff and Govind Development recommend the construction contract be awarded to HAAS -Anderson Construction, LTD in the amount of $3,789,579.60 for the Greenwood Drive from Gollihar Road to Horne Road BOND 2012 project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 PROJECT BUDGET Greenwood Drive from Gollihar Road to Horne Road Bond 2012 PROJECT FUNDS AVAILABLE: Bond 2012 $ 2,850,000.00 Utilities 2,236,928.15 Water 833,333.29 Wastewater 304,549.24 Storm Water 1,022,045.62 Gas 77,000.00 TOTAL FUNDS AVAILABLE $ 5,086,928.15 FUNDS REQUIRED: Construction: Construction (HAAS -Anderson) THIS ITEM 3,789,579.60 Street 2,145,686.09 Utilities 1,643,893.51 Water 768,910.64 Storm Water 702,597.87 Wastewater 158,170.00 Gas 14,215.00 Contingency (10%) 378,957.00 Construction Inspection and Testing: Construction Inspection (Estimate) 165,792.00 Construction Phase - Materials Testing Services (Rock) 44,615.00 Design: Engineer (Govind) Original Contact and Three Amendments 517,443.00 Street 221,400.00 Utilities 296,043.00 Water 45,402.00 Storm Water 196,764.00 Wastewater 53,877.00 Design Phase - Geotechnical Study and Testing (Rock Engineering) 17,800.00 Reimbursements: Total Reimbursements 156,000.00 Contract Administration (Engineering Svcs Admin/Finance/Capital Budget) 66,000.00 Engineering Services (Project Mgt/Constr Mgt) 88,000.00 Misc. (Printing, Advertising, etc.) 2,000.00 TOTAL $ 5,070,186.60 ESTIMATED PROJECT BUDGET BALANCE $ 16,741.55 MreSt Navigation BIid Texas Stale AaraTIU 6 RA.Tr 7 (i! -.H1) 0 1 n7..-11-, ran Project Location er _Corpu _ Christi to te.. L..._ .. cr. Mangan AYE sl .tt i...? i kci ek t .°5. 4. c):1 Li.:1 40.4. lIzr '1.21'4' AN. ......? W Point Rd VICINITYMAP NOT TO SCALE 44-,90 Project Number E12092 Greenwood Drive from Gollihar Drive to Horne Road Street Bond 2012 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Chr sti Engineering Greenwood Drive (Gollihar Road to Horne Road) Bond 2012, Proposition 1 Council Presentation July 12, 2016 Project Vicinity �hrsti Engineering L�- rioradna as F t Project Location erg • ' p as hdrR of resas Slale Pquon,i.r ..S Corpus Christi E7 Ap La Pa" a 2 Project Location �hrsti Engineering 3 Project Location Corpus Christi Engineering 0 C C 'S--": (1) 4 Cross Sections 0 �hrsti Engineering HOT MIX ASPHALT CONCRETE (HMAC) 2" HMAC (TYPED) 5.5" HMAC (TYPE B) 10" CRUSHED LIMESTONE (TYPE A) 6" BASE COURSE 8" SUBGRADE (LIME TREATED) PRIME COAT (MC -30) GEOGRID (TX -5) SIDEWALK TRAVEL LANE TRAVEL LANE CONTINUOUS TRAVEL LANE TRAVEL LANE SIDEWALK LEFT•TURN LANE f Project Scope �hrsti Engineering This project includes the full depth reconstruction of Greenwood Drive including: • New HMAC pavement, curb and gutters, sidewalks, ADA compliant ramps, and RTA concrete bus pads • Underground utility improvements include water, wastewater and storm water and gas • New signage and pavement markings ❖ Future bicycle traffic is planned under a separate joint City/MPO project for Hike & Bike Trail through HP Garcia Park from Horne to Gollihar, to be completed during street construction Project Schedule �hrsti Engineering 2013-2016 2016 2017 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Bid Construction IIIM Construction Estimate: 11 Months CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-77335 Date Filed: 06/28/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Haas -Anderson Construction, Ltd. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E12092 Road Contruction and Associated Utilities 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Moore, Randall Corpus Christi, TX United States X Cullen, Drew Corpus Christi, TX United States X Lamon, Tim Corpus Christi, TX United States X Parish, Jim Corpus Christi, TX United States X Anderson, Jim Corpus Christi, TX United States X Haas, Darryl Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT ,,, AFFIX Sworn 20 I swear, or affirm, unde • - alty of perjury, that the above disclosure is true and correct. 4•A t, LEE ANN CAVETT sin f* NOTARY PUBLIC .q. % corraewR EXPIRES: - / ,� .t ?,..,, 12-18-201'T F„ .......... ........... ... . << Signature of authorized agent of contracting business entity NOTARY STAMP / SEAL ABOVE 1 (� + � to and subscribed before me, by the said S \ G, ,, A c_ l I n' 1 vc, r� e , this the 2-4k. T1.1 day of J 0, in e. 1 (, , to certify which, witness my hand and seal of office. n n Sn�, ) Cit (YL L Sf\- Le.I� Signature of officer administering oath Printed name of officer administering oath Title of officer administeroath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 12, 2016 Action Item for the City Council Meeting of July 19, 2016 DATE: TO: July 5, 2016 Margie C. Rose, Interim City Manager THRU: Mark Van Vleck, P.E., Assistant City Manager MarkVV@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 FROM: J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Stacie Talbert-Anaya, Interim Director Parks & Recreation StacieT@cctexas.com (361) 826-3476 Execute Engineering Design Contracts North Beach Area - Road Improvements and Area Beautification North Beach Area — Pedestrian Improvements and Area Enhancements Bond 2012 — Proposition 8 CAPTION: Motion authorizing the City Manager, or designee, to execute Engineering Design Contracts with LJA Engineering, Inc. of Corpus Christi, Texas in the amount of $130,524.70 for the North Beach Area - Road Improvements and Area Beautification project and $121,358.39 for the North Beach Area — Pedestrian Improvements and Area Enhancements for engineering design services. (Bond 2012, Proposition 8). PURPOSE: The purpose of this Agenda Item is to execute Engineering Design Contracts with LJA Engineering, Inc. of Corpus Christi, Texas for two projects: North Beach Area - Road Improvements and Area Beautification project and the North Beach Area — Pedestrian Improvements and Area Enhancements. BACKGROUND AND FINDINGS: Both projects are part of Bond 2012 Proposition 8 — Economic Development Projects. The projects will be designed and constructed under one package to maximize the funding and scope. Bond 2012 Brochure Lanquage: "North Beach Area - Road Improvements and Area Beautification - This project includes landscaping enhancements, roadway surface and pedestrian improvements for Surfside Boulevard, Breakwater Avenue, Pearl Avenue, N. Shoreline Boulevard, Bridgeport Avenue, Coastal Avenue and the medians along the Highway 181 entrances to North Beach." "North Beach Area — Pedestrian Improvements and Area Enhancements - This project includes repairs and improvements to the Breakwater sidewalk, on -street parking enhancements, pedestrian improvements and Breakpoint Plaza enhancements." Project Design Scope: North Beach Area — Roadway Improvements and Area Beautification —The contract will include the installation of new curb ramps along the east side of Surfside Boulevard between Burleson Street and Coastal Avenue, street reclamation on Breakwater Avenue, Bridgeport Avenue, and Coastal Avenue between North Shoreline and Surfside Boulevard and on North Shoreline Boulevard between Pearl Avenue and Coastal Avenue. North Beach Area — Pedestrian Improvements and Area Enhancements -The project will include pedestrian and parking improvements along North Shoreline Boulevard between Pearl Street and Bridgeport Avenue, including curb and gutter modifications, new sidewalks, curb ramps and new pavement markings. This project also includes repaving the Breakwater Plaza and repairs to the concrete cap along the breakwater structure. Previous Work: This agreement authorizes the design based on preliminary design results and coordinates with Parks and Recreation and adjacent landowners, the U.S.S. Lexington and the Texas State Aquarium. Final design will achieve Bond 2012 objectives and may require additional funds. ALTERNATIVES: 1. Execute the Engineering Design Contracts with LJA Engineering, Inc. as proposed. (Recommended). 2. Do not execute the Engineering Design Contracts with LJA Engineering, Inc. as proposed. (Not Recommended). OTHER CONSIDERATIONS: LJA Engineering, Inc. of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2012-03 Bond Issue 2012 and CIP Projects, dated August 31, 2012. CONFORMITY TO CITY POLICY: The Contract for Professional Services and selection process comply with the Professional Procurement Act and City Policy. LJA Engineering, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Streets Parks and Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $48,960.00 $259,383.09 $2,543,302.58 $2,851,645.67 Encumbered/Expended Amount 48,960.00 48,960.00 This item (E12127) $130,524.70 $130,524.70 This item (E12129) $121,358.39 $121,358.39 Future Anticipated Expenditures This Project 7,500.00 100,000.00 107,500.00 BALANCE $0.00 $0.00 $2,443,302.58 $ 2,443,302.58 Fund(s) Streets Bond 2012, Utilities CIP RECOMMENDATION: City Staff recommends the approval of the Engineering Design Contracts with LJA Engineering, Inc. of Corpus Christi, Texas for the North Beach Area - Road Improvements and Area Beautification project and the North Beach Area — Pedestrian Improvements and Area Enhancements. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation AE Contracts Form 1295 - 2 PROJECT BUDGET North Beach Area Road Improvements & Area Beautification - E12127 North Beach Pedestrian Improvements and Area Enhancements - E12129 BOND 2012 - Proposition 8 FUNDS AVAILABLE: Bond 2012 Streets $ 1,600,000.00 Utilities CIP 1,251,645.67 Storm Water CIP 868,099.60 Wastewater 175,160.00 Water 208,386.07 TOTAL $ 2,851,645.67 FUNDS REQUIRED: Construction: Construction Estimate TBD Construction Contingency (10%) TBD Construction Inspection & Testing: Construction Inspection - (Estimate) TBD Construction Phase - Materials Testing Services TBD Design: A/E Consultant (LJA, Inc.) 300,843.09 Preliminary Design 48,960.00 Enginering Design (THIS ITEM) E12127 130,524.70 Enginering Design (THIS ITEM) E12129 121,358.39 Design Phase - Geotechnical & Materials Testing (Estimate) 7,500.00 Reimbursements: Total Reimbursements 100,000.00 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) 42,000.00 Engineering Services (Project Mgt/Constr Mgt) 57,000.00 Misc. (Printing, Advertising, etc.) 1,000.00 TOTAL $ 408,343.09 ESTIMATED PROJECT BUDGET BALANCE $ 2,443,302.58 MIatket G 613,41/ 1.12Y? Ji?'P Project Location W "+'hatl bu rger Field Port AVE M American 6.anik Center Y,q - z t+ VICINITY MAP NOT TO SCALE Corpus Christi Bay Project Number: E12127 & E12129 North Beach Area Road Improvements and Area Beautification Bond 2012 Prop 8 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES INO Corpus Chr'sti Engineering North Beach Area — Bond 2012 — Prop. 8 Road Improvements and Area Beautification & Pedestrian Improvements and Area Enhancements Council Presentation July 12, 2016 Vicinity Map Corpus Chr sti Engineering N,avigetion blvd ,a' 1 6,. A. ea,F,drer yro ApP Project Location �POrr Ave 4`lharab�y<<e�I American Bank Censer -0 pan St 2 Location Map (*Corpus Engineering Timon Blvd. m m m o rexa. State tgaar am E12129 N. Shoreline Blvd. El 2127 ts, Lexiinatn, 3 Project Scope Corpus chr sti Engineering This project includes two Bond 2012, Proposition 8 projects for these two that will be combined into one construction package with the following elements: "North Beach Area - Roadway Improvements and Area Beautification" (E12127) • New curb ramps along the east side of Surfside Boulevard between Burleson Street and Coastal Avenue • Street rehabilitation on: ✓ Breakwater Avenue - North Shoreline to Surfside Boulevard ✓ Bridgeport Avenue - North Shoreline to Surfside Boulevard ✓ Coastal Avenue - North Shoreline to Surfside Boulevard ✓ North Boulevard - Peal Avenue to Coastal Avenue "North Beach Area - Pedestrian Improvements and Area Enhancements" (E12129) • Pedestrian and parking improvements along North Shoreline Boulevard between Pearl Street and Bridgeport Avenue • Curb and gutter modifications with new sidewalks, curb ramps and pavement markings • Repaving the Breakwater Plaza • Repairs to the concrete cap along the breakwater structure 4 Project Schedule Oorpus Engineering 2016 2017 Jul JulIAug Sepl Oct I Nov Decl Jan Feb Marl Apr May Jun IAug Sepl Oct Nov Decl Jan M_ Design M Bid/Award Construction Projected Schedule reflects City Council design award of North Beach Area Improvements in July 2016 with estimated construction completion in January 2018. CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL 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 of Engineering Services) and LJA Engineering, Inc., a Texas corporation, 820 Buffalo Street, Corpus Christi, Nueces County, Texas 78401 (local office), (Consultant), hereby agree as follows: 1. SCOPE OF PROJECT North Beach Area Improvements and Area Beautification (Bond 2012) - Project No. E12127 The North Beach Area Improvements and Area Beautification (Bond 2012) Project includes Design and Bid Phase services and associated Additional Services, as described herein, for the installation of new curb ramps along the east side of Surfside Blvd. between Burleson St. and Coastal Ave., street reclamation on Breakwater Ave., Bridgeport Ave., and Coastal Ave. between N. Shoreline Blvd. and Surfside Blvd. and on N. Shoreline Blvd. between Pearl Ave. and Coastal Ave., new pavement markings and incidental utility improvements within the project area. This contract is based upon proposed improvements with a total estimated construction cost of $1,100,000. 2. SCOPE OF SERVICES The Consultant hereby agrees to perform services to complete the Project, as detailed in Exhibit "A". In addition, Consultant will provide monthly status updates (project progress or delays presented with monthly invoices) and provide contract administration services, as described in Exhibit "A", to complete the Project. Work will not begin on Additional Services until requested by the Consultant (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3. ORDER OF SERVICES The Consultant agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to Contract for Professional Services Page 1 of 5 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\ECONOMIC DEVELOPMENT\E12127 -NORTH BEACH AREA ROAD IMPROVEMENTS (BOND 2012)\DESIGN CONTRACT\AE AGREEMENT E12127.DOC this contract. Consultant shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. FEE The City will pay the Consultant a fee as described in Exhibit "A" for providing services authorized, a total fee not to exceed $130,524.70. Monthly invoices will be submitted in accordance with Exhibit "C". 5. INDEMNITY Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. 6. INSURANCE Consultant agrees to comply with the insurance requirements in Exhibit B. 7. TERMINATION OF CONTRACT The City may terminate this contract for convenience upon seven days written notice to the Consultant at the address of record. The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of Contract for Professional Services Page 2 of 5 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\ECONOMIC DEVELOPMENT\E12127 -NORTH BEACH AREA ROAD IMPROVEMENTS (BOND 2012)\DESIGN CONTRACT\AE AGREEMENT E12127.DOC receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. In the event of termination, the Consultant will be compensated for its services on all stages authorized based upon Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. 8. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. 9. ASSIGNABILITY The Consultant will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the Consultant staff. If the Consultant is a partnership, then in the event of the termination of the partnership, 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. 10.OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, inspection reports and submittal data will be the sole property of the City, may not be used again by the Consultant without the express written consent of the Director of Engineering Services. However, the Consultant may use standard details that are not specific to this project. 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. 11. 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 in the same or similar locality and 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. 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. 13. CERTIFICATE OF INTERESTED PARTIES Contract for Professional Services Page 3 of 5 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\ECONOMIC DEVELOPMENT\E12127 -NORTH BEACH AREA ROAD IMPROVEMENTS (BOND 2012)\DESIGN CONTRACT\AE AGREEMENT E12127.DOC For contracts that exceed $50,000, 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 requires disclosure of "interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 14. 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 010, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. 15. ENTIRE AGREEMENT AND CONTROLLING LAW This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 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. 16. CONFLICT RESOLUTION BETWEEN DOCUMENTS Consultant hereby agrees and acknowledges if anything contained in the Consultant - prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. Contract for Professional Services Page 4 of 5 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\ECONOMIC DEVELOPMENT\E12127 -NORTH BEACH AREA ROAD IMPROVEMENTS (BOND 2012)\DESIGN CONTRACT\AE AGREEMENT E12127.DOC CITY OF CORPUS CHRISTI J.H Edmonds, P.E. Date Director of Engineering Services RECOMMENDED Operating Department Date APPROVED AS TO FUNDING ONLY Office of Mgmt and Budget Date APPROVED AS TO LEGAL FORM Legal Department ATTEST Date Date Fund Name Accounting Unit SW 2013 Bond 2012 3498-043 Street 2013 Bond 2012 3549-051 Water 2015 Bond 4097-041 WW 2015 Bond 4255-042 WW 2013 Bd 2012 4253-042 Total: $130,524.70 J E .1 E G, INC. Patrick i1. Veteto, P.E. Date Vice President 820 Buffalo Street Corpus Christi, TX 78401 (361) 887-8851 Office Account No. 550950 550950 550950 550950 550950 Activity No. E12127013198EXP E12127013549EXP E12127014097EXP E12127014255EXP E12127014253EXP Amount $32,632.00 $32,631.00 $32,631.00 $32,000.00 $630.70 Contract for Professional Services Page 5 of 5 K,ENGINEERING DATAEXCHANGE\CLARISSAJ`.ECONOMIC DEVELOPMENT\E12127 -NORTH BEACH AREA ROAD IMPROVEMENTS 1BOND 2012)' DESIGN CONTRACT\AE AGREEMENT E12127.DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS North Beach Area Improvements and Area Beautification (Bond 2012) Project No. E12127 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Architect/Engineer A/E (also referred to as Consultant) will: a) Prcparc PowcrPoint presentation in City format for City Council Meeting. • c) na-eeti-4gs to attendees within five working days of the meeting. Provide scope of geotechnical testing requirements to the City's Geotechnical Consultant. information provided by the City pertaining to the project area. Dcvclop prcliminary rcquircmcnts for utility relocations replacements or upgrades. • petentiabejest-needs. Develop preliminary street cross section recommendations. Prcparc conccptual lifc cycle cost estimate with recommended pavement sections using Federal Highway Administration (FHWA) "Real Cost" Program. Identify right of way acquisition requirements and illustrate on a schematic strip map. Prepare prelimina y opinions of probable construction costs for the recommended improvements. Develop drainage area boundary map for existing an -d -deposed drainage areas ccrved. Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. that may have existing facilities and must relocated to accommodate the proposed improvements. 1) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. ni) Identify and analyze requirements of governmental authorities having jurisdiction to approvc dcsign of the Project including permitting, environmental, historical, n) o) school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. Identify and recommend public outreach and community stakeholder requirements. Review City provided preliminary Traffic impact asccscment and providc recommendation for integration and/or additional requirements as appropriate. required per City Plan Preparation Standards Contract Format (CPPSCF). Engineering Letter Report to include: EXHIBIT "A" Page 1 of 11 Revised November 26, 2013 1 Provide a concise presentation of pertinent factors, sketches, designs, cross sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction wad-req-61+reme s, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and • - - - -tion, and other factors required for a 111. prsional-design. Include existing site photos. Provide opinion of probable construction co.As. jurisdiction to approve design of the Project including permitting, agent or with City participation and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. on cast sates toward City opera, which this project will affect. 7 Provide anticipated index of drawings and specifications. 8. Provide a summary table & required ROW parcels. Draft Engineering Letter Report. Submit computer model file, results and calculatlens used to analyze drainage. t) u) on the Draft Engineering Letter Report as scheduled by City Project Manager. Assimilate all City review comments of the Draft Engineering Letter Report and hard copies using City Standards as applicable) suitable for reproduction. Assist City in presenting summary of EL R findings to the Bicycle and Pedestrian Subcommittee and the Transportation Advisory Committee (TAC). Prepare PowerPoint presentation, handouts and exhibits for meeting. Provide follow up and response to comments. City staff will provide one set only of the following information (as applicable): a) Electronic index and database of City's record drawing and record information. b) Requested record drawings and record information in electronic format as available from City Engineering files. c) Provide the budget for the Project specifying the funds available for the construction contract. d) A copy of existing studies and plans. (as available from City Engineering files). e) Field location of existing city utilities. (A/E to coordinate with City Operating Departments.) f) Applicable Master Plans and GIS mapping are available on the City's website. g) City Control survey Bench marks and coordinates. Any information marked proprietary, or copyrighted, provided by the City is authorized for use only by A/E, and only for the intended purpose of this project. Any unauthorized use or EXHIBIT "A" Page 2 of 11 Revised November 26, 2013 distribution of information marked proprietary, or copyrighted, provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. The City will provide a list of utility franchises within the Project area. b) materials and/or contaminated soils that may be discovered during construction. c) Prepare construction documents in City standard format for the work identified in the approved ELR under the previous contract. For construction plans that include improvements or modifications to the storm water, water and wastewater systems within the project limits, include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 11"x 17". i) Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. Preparation of specific traffic control plans is not included in the scope of this contract. The Contractor shall be responsible for preparation and approval of specific Traffic Control plans appropriate to the Contractor's means and methods. ii) Provide Storm Water Pollution Prevention Plan, including construction drawings. Prepare Stormwater Best Management Practices construction drawings. Contractor is responsible for preparing and maintaining a Stormwater Pollution Prevention Plan (SWPPP) for himself and for the City. The SWPPP shall include the construction drawings prepared by the A/E. e) Furnish one (1) set of the interim plans (60% submittal - electronic and full sic hard 11"X17" copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. i) Required with the interim plans is a "Plan Executive Summary", project checklist & drawing checklist, which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. ii) Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. f) Hold Project 60% review Submittal meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. h) review and approveses with revised estimates of probable costs. Hold Project 90% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review advise City of responding and non responding participants as appropriate and, upon Notice to Proceed. EXHIBIT "A" Page 3 of 11 Revised November 26, 2013 i) Provide one (1) set of the final (100%) plans (unsealed and unstamped - electronic and hard copy using City Standards as applicable) for City's final review. j) Assimilate all final review comments. Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. k) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City -provided review comments or provided submittals in accordance with City standards.. 1) Prepare and submit monthly status rcports to the Projcct Managcr no latcr than the last Wcdnccday of tach month with action itcms dcvclopcd from monthly progrc , and rcvicw mcctings. See attachment 'A' for required form. (NOT INCLUDED IN THIS CONTRACT) m) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements. (If AUTHORIZED as an Additional Service.) The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. City during the Design Phase. b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide electronic copy of the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Prcparc draft Authorization to Advertise (ATA) from City provided example. b) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. c) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. d) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. f) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re - advertise that particular portion of the Project for bids. EXHIBIT "A" Page 4 of 11 Revised November 26, 2013 g) Prepare Agenda Memoranda and PowerPoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. - -- include the following: a) Participate in pre construction meeting conference and provide a recommended agcnda for critical construction activities and elements impacting the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. c) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorizc rcquircd changcs, which do not affcct thc contractor's pricc and aro not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to obscrvc thc gcncral progresc and quality of work, and to determine, in general, if the work is being done in accordance with the contract f) g) h) continuous monitoring of the progress of construction. City. Review, evaluate and recommend for City consideration Contractor Value Engineering proposal. Attend final inspection with City staff, provide punch list items for Contractor successful completion of the project. i) Review Contractor -provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. (MOVED TO ADDITIONAL SERVICES) The City staff will: a) Provide all Construction Administration and Construction Observation Services. b) Designate an individual to have responsibility, authority, and control for coordinating activities for the City during the Construction Phase. EXHIBIT "A" Page 5 of 11 Revised November 26, 2013 B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a) Union Pacific Railroad, Missouri Pacific Railroad, or any other railroad operating in the ar a b) TxDOT utility permit(s) c) Wetlands Delineation and Permit d) Temporary Discharge Permit c) NPDES Permit/Amendments (including SSC, NOI NOT) f) Texas Commission of Environmental Quality (TCEQ) Permits/Amendments g) Nueces County h) Texas Historical Commission (THC) i) U.S. Fish and Wildlife Service (USFWS) j) U.S. Army Corps of Engineers (USACE) k) United States Environmental Protection Agency (USEPA) I) Texas Department of Licensing and Regulation (TDLR) m) Texas General Land Office (TGLO) n) Other agency project specific permits 2. Right of Way (ROW) Acquisition Survey and Parcel Descriptions. All work must comply Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Pcrform surveys to determine apparent right of way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. NE must obtain Title Commitments from a local title company and provide copies to the City. Title Commitments shall identify title ownership and any title encumbrances to all right of way to be acquired. c) Provide a preliminary base map containing apparent ROW, which will be u: -.;cd bytho NE to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. d) Prepare Metes and Bounds Instruments with supporting exhibits as required and agreed upon, subsequent to the ELR acceptance, for ROW parcels, utility caccmcnts and temporary construction casements. c) Sct property corncrs and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at "not to scale" and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. EXHIBIT "A" Page 6 of 11 Revised November 26, 2013 f) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. Additional fees may be reg i -ed in resolving bounda Ge-41+sts between Owners. A/E shall submit parcel maps and legal descriptions prior to the 60% submittal. 2. Topographic Survey. All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. c) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. — the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and zcoordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third -parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 5. Subsurface Utility Engineering a) Providc subsurfacc utility cnginccring in accordancc with ASCE Standard "ASCE C I, 38 02, Standard Guidclinc for the Collcction and Dcpiction of Existing Subsurfacc Utility Data" including, but not limitcd to, hydro cxcavation. The propoccd cubcurfacc utility investigation will be as follows: i) Excavation The survey scope includes working with a subsurface utility cxcavator to perform Quality Laval A invcstigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. ii) Utility Location The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground EXHIBIT "A" Page 7 of 11 Revised November 26, 2013 utility facilities, such as manholes, valve boxes acts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One Call Notice and measuring the marked locations. Quality Level C. Locations will be based on the surveyed locations of acccssiblc storm water manholes and drainage inlets. iv) Wastewater Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of construction related excavation shall be located at Quality Level A. v) Water Water facilities within the project limits will be located to Quality Level A. by the A/E. The City of Corpus Christi Gas Department will provide Quality Level C. The NE will coordinate this activity. vii) Add SUE findings to topographic survey. b) Inform local franchises-w#ese utilities fall within the footprint of construction related cxcavation of the potcntial for cncountcring thcir utility linos during construction. A 3. Public Meetings (1 Meeting). Participate in one (1) public meeting. Prepare exhibits for meetings. Provide follow-up and response to citizen comments as requested. Revise contract drawings to address citizen comments, as directed by the City. 4. Construction Phase Assistance (Time and Materials upon Request). A/E will provide the City with assistance, as requested, during the construction phase of the Project on a Time and Materials basis. Requests for services from the A/E shall be submitted to the A/E via email from City staff (Construction Inspection or Engineering Services) and shall include Calendar Meeting Requests. Verbal requests for services must be followed by an email to the A/E prior to action being taken by the A/E. Receipt of email requests, including Meeting Requests, from City Staff shall be considered by the A/E as Authorization to Proceed on the requested services. Services provided under this line item shall be invoiced to the City monthly based upon the attached Table 1— Rate Schedule and shall include time spent during the invoicing period. If it is apparent that additional efforts will be required beyond the estimated Contract budget after 75% of the estimated budget for this Line Item has been spent, the A/E will prepare a Contract Amendment for additional fees based upon an estimate of the amount of effort remaining to complete the Project. Work will not proceed beyond the approved budget. The following services are excluded from this Contract: a) Preparation of change orders; b) Review of shop drawings. (This does not exclude review of material submittals, if requested.); c) Review/approval of Contractor pay requests; and d) Preparation of a Certificate of Completion at the end of the Project. Start up Services. Provide on-site services and verification for all start up procedures needed and required. EXHIBIT "A" Page 8 of 11 Revised November 26, 2013 9. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. Preparation of Record Drawings. Review Contractor -provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwgformat in AutoCAD, and graphics data will be in dxfformat with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. Provide the services above authorized in addition to those items shown on Exhibit "A-1" Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does not supersede supplements Exhibit "A". II. SCHEDULE Date Activity Begin Field Work Upon receipt of executed contract and NTP from City Submit 60% Design 4 Months after receipt of NTP from City City Review 1 Month Submit 100% Design 2 Weeks after receipt of 60% comments from City City Review 1 Month Submit Sealed Plans & Docs 2 Weeks after receipt of 100% comments from City Advertise for Bids 2 Weeks after Sealed Submittal Pre -Bid Conference 2 Weeks after Advertisement Receive Bids 4 Weeks after Advertisement Contract Award 4 Weeks after receipt of Bids Begin Construction 4 Weeks after Award of Contract Complete Construction Approximately 6 Months after Begin Construction III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-3 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1-3, A/E will submit monthly EXHIBIT "A" Page 9 of 11 Revised November 26, 2013 statements for basic services rendered. The statements will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For authorized Additional Services, the NE will submit monthly statements for services rendered. For Fixed Fee Additional Services Line Items, the statements will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. For Time and Materials Additional Services, the statements will be based upon A/E's time spent during the period of time covered by the invoice and based upon the attached Table 1 - Rate Schedule. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the A/E a not -to - exceed fee as per the table below: Summary of Fees 1. Permitting: TDLR (FF) (Authorized) Street Storm- Water Water Waste - Water Gas Total Basic Services Fees 1. Preliminary Phase (FF) $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 2. Design Phase (FF) $ 39,909.20 $ 22,805.25 $ 4,988.65 $ 3,563.33 $ 0.00 $ 71,266.43 3. Bid Phase (FF) $ 2,195.32 $ 1,254.47 $ 274.41 $ 196.00 $ 0.00 $ 3,920.20 Subtotal Basic Services Fees $ 42,104.52 $ 24,059.72 $ 5,263.06 $ 3,759.33 $ 0.00 $ 75,186.63 1. Permitting: TDLR (FF) (Authorized) $ 749.07 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 749.07 2. Topographic Survey (FF) $ 12,826.80 $ 7,329.60 $ 1,603.35 $ 1,145.25 $ 0.00 $ 22,905.00 (Authorized) 3. Public Meeting (1 Meeting) (FF) $ 1,256.46 $ 717.99 $ 157.05 $ 112.19 $ 0.00 $ 2,243.69 (Authorized) 4. Construction Phase Assistance (T&M) $ 13,945.90 $ 7,969.09 $ 1,743.23 $ 1,245.16 $ 0.00 $ 24,903.38 (Authorized) 5. Preparation of Record Drawings (FF) $ 2,540.68 $ 1,451.81 $ 317.59 $ 226.85 $ 0.00 $ 4,536.93 (Authorized) Sub -Total Additional Services Fees $ 31,318.91 $ 17,468.49 $ 3,821.22 $ 2,729.45 $ 0.00 $ 55,338.07 Total Authorized Fee $ 73,423.43 $ 41,528.21 $ 9,084.28 $ 6,488.78 $ 0.00 $ 130,524.70 (Notes: 'FF" designates Line Items to be invoiced on a Fixed Fee basis, and 'T&M' designates Line Items to be invoiced on a Time & Materials basis. 'AUTHORIZED' constitutes "written authorization to proceed" on an Additional Services Line Item.) EXHIBIT "A" Page 10 of 11 Revised November 26, 2013 EXHIBIT A-1 CITY OF CORPUS CHRISTI, TEXAS North Beach Area Improvements and Area Beautification (Bond 2012) Project No. E12127 TASK LIST GENERAL The North Beach Area Improvements and Area Beautification (Bond 2012) Project includes Design and Bid Phase services and associated Additional Services, as described herein, for the installation of new curb ramps along the east side of Surfside Blvd. between Burleson St. and Coastal Ave., street reclamation on Breakwater Ave., Bridgeport Ave., and Coastal Ave. between N. Shoreline Blvd. and Surfside Blvd. and on N. Shoreline Blvd. between Pearl Ave. and Coastal Ave., new pavement markings and incidental utility improvements within the project area. This contract is based upon proposed improvements with a total estimated construction cost of $1,100,000. Exhibit "A", I. A. - BASIC SERVICES Preliminary Phase Preliminary Phase Services are excluded from this Contract. Design Phase (Fixed Fee) Provide Design Phase Services in accordance with Exhibit `A' of the Contract for Professional Services with the following conditions: Exhibit "A", I. A. 2 - Clarification 1. A/E will submit all Contract deliverables to the City, only, in accordance with the Contract requirements. The City will distribute deliverables to Third -Party Reviewers at its discretion and coordinate with Third -Party Reviewers to receive comments. The City will incorporate any comments received from Third -Party Reviewers deemed appropriate into the City's comments for discussion at the appropriate meeting. To prevent miscommunications during the Design Phase, A/E's point of contact for Project decisions will be the City's Project Manager. Exhibit "A", I. A. 2. a) - Clarification Coordination with AEP to convert their existing overhead infrastructure in the project area to underground infrastructure is not included in the scope of work of this Contract. EXHIBIT "A-1" Page 1 of 3 Exhibit "A", I. A. 2. d) - Clarification The design of temporary traffic control measures shall consist of the preparation of Advanced Warning Signage Plans and inclusion of typical examples of traffic control measures for certain situations. The design of specific traffic control measures for the entire project is not included in the scope of work of this Contract. The Contractor is responsible for the preparation and approval of specific traffic control plan(s) that coincide with his approach to constructing the project — subject to the Project phasing stipulated in the construction documents - and may incorporate the typical examples provided in the construction plans. Bid Phase (Fixed Fee) Provide Bid Phase Services in accordance with Exhibit `A of the Contract for Professional Services with the following exception: Preparation of a CivCast bid spreadsheet is not included in the scope of services of this Contract. Construction Phase Construction Phase Services as described in Exhibit "A", I. A. 4. are excluded from this Contract. Construction Phase Assistance will be provided by the A/E as a Time & Materials Additional Service upon request as described in Exhibit CA. Exhibit "A", I. B. - ADDITIONAL SERVICES (Subject to Authorization) 1. Permitting (Fixed Fee) • TDLR Registration: Submit construction plans and specifications to a Registered ADA Specialist (RAS) for review and approval and registration with the TDLR; Provide coordination efforts, as necessary. 2. Topographic Survey (Fixed Fee) Services will be provided in accordance with Exhibit `A of the Contract for Professional Services. The scope of topographic survey services shall be limited to surface improvements along Breakwater Avenue, Bridgeport Avenue and Coastal Avenue between N. Shoreline Boulevard and Surfside Boulevard and surface improvements at the curb ramps along the east side of Surfside Boulevard between Coastal Avenue and Burleson Street. EXHIBIT "A-1" Page 2 of 3 3. Public Meeting (1 Meeting) (Fixed Fee) Services will be provided in accordance with Exhibit `A' of the Contract for Professional Services. 4. Construction Phase Assistance (Time and Materials) Services will be provided in accordance with Exhibit `A' of the Contract for Professional Services. 5. Preparation of Record Drawings (Fixed Fee) Services will be provided in accordance with Exhibit `A' of the Contract for Professional Services. Exhibit "A", III. Fees The fees proposed within this Contract are contingent upon the combination of this project and City Project No. E12129, such that LJA will only prepare one (1) set of bid documents for both projects, and both projects will be bid and constructed together as one (1) project. EXHIBIT "A-1" Page 3 of 3 EXHIBIT B Insurance Requirements Pre -Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim (Defense costs shall be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 Consultant 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. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 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. 1.7 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees 71 M aux c0 7' CD a — rt o h 0 PROJECT NAME Project No. EXXXXX Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 $0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0% 0 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% $0 $0 $0 $0 $0 $0 $0 0% City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: LJA Engineering, Inc. P. O. BOX: STREET ADDRESS: 820 Buffalo Street FIRM IS: 1. Corporation 4. Association CITY: Corpus Christi ZIP: 78401 2. Partnership 5. Other 3. Sole Owner DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest'' constituting 3% or more of the ownership in the above named "firm." Name NA Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N:'A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." �ne Board, Commission or Committee F -rr . r7. - r, r Fr j 4qr ,u ( uGIG Or, nT nn 5 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N/A Consultant EXHIBIT D PAGE 1 OF 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter. unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus 1-rristi, Texas as changes occur. Certifying Person: Patrick D. Vete (Type or Print) Signature of Certifying Person: DEFINITIONS Title: Vice President Date: 04-20-16 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 D PAGE 2 OF 2 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL 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 of Engineering Services) and LJA Engineering, Inc., a Texas corporation, 820 Buffalo Street, Corpus Christi, Nueces County, Texas 78401 (local office), (Consultant), hereby agree as follows: 1. SCOPE OF PROJECT North Beach Breakwater, Plaza, North Shoreline Repair and Enhancement (Bond 2012 Project No. E12129 The North Beach Breakwater, Plaza, North Shoreline Repair and Enhancement (Bond 2012) Project includes Design and Bid Phase services and associated Additional Services, as described herein, for the installation of pedestrian and parking improvements along N. Shoreline Boulevard between Pearl Street and Bridgeport Avenue, including existing curb and gutter modifications, new sidewalks and curb ramps, new pavement markings and limited utility improvements within the project area. The Project also includes repaving the Breakwater Plaza and repairs to the concrete cap along the breakwater structure. This contract is based upon proposed improvements with a total estimated construction cost of $1,248,000. 2. SCOPE OF SERVICES The Consultant hereby agrees to perform services to complete the Project, as detailed in Exhibit "A". In addition, Consultant will provide monthly status updates (project progress or delays presented with monthly invoices) and provide contract administration services, as described in Exhibit "A", to complete the Project. Work will not begin on Additional Services until requested by the Consultant (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3. ORDER OF SERVICES The Consultant agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to Contract for Professional Services Page 1 of 5 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\ECONOMIC DEVELOPMENT\E12129 - NORTH BEACH BREAKWATER, PLAZA, NORTH SHORELINE REPAIR AND ENHANCEMENT (BOND 2012)\AE AGREEMENT LJA E12129.DOC this contract. Consultant shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. FEE The City will pay the Consultant a fee as described in Exhibit "A" for providing services authorized, a total fee not to exceed $121,358.39. Monthly invoices will be submitted in accordance with Exhibit "C". 5. INDEMNITY Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. 6. INSURANCE Consultant agrees to comply with the insurance requirements in Exhibit B. 7. TERMINATION OF CONTRACT The City may terminate this contract for convenience upon seven days written notice to the Consultant at the address of record. The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of Contract for Professional Services Page 2 of 5 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\ECONOMIC DEVELOPMENT\E12129 - NORTH BEACH BREAKWATER, PLAZA, NORTH SHORELINE REPAIR AND ENHANCEMENT (BOND 2012)\AE AGREEMENT LJA E12129.DOC receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. In the event of termination, the Consultant will be compensated for its services on all stages authorized based upon Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. 8. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. 9. ASSIGNABILITY The Consultant will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the Consultant staff. If the Consultant is a partnership, then in the event of the termination of the partnership, 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. 10.OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, inspection reports and submittal data will be the sole property of the City, may not be used again by the Consultant without the express written consent of the Director of Engineering Services. However, the Consultant may use standard details that are not specific to this project. 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. 11. 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 in the same or similar locality and 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. 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. 13. CERTIFICATE OF INTERESTED PARTIES Contract for Professional Services Page 3 of 5 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\ECONOMIC DEVELOPMENT\E12129 - NORTH BEACH BREAKWATER, PLAZA, NORTH SHORELINE REPAIR AND ENHANCEMENT (BOND 2012)\AE AGREEMENT LJA E12129.DOC For contracts that exceed $50,000, 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 requires disclosure of "interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 14. 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 010, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. 15. ENTIRE AGREEMENT AND CONTROLLING LAW This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 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. 16. CONFLICT RESOLUTION BETWEEN DOCUMENTS Consultant hereby agrees and acknowledges if anything contained in the Consultant - prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. Contract for Professional Services Page 4 of 5 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\ECONOMIC DEVELOPMENT\E12129 - NORTH BEACH BREAKWATER, PLAZA, NORTH SHORELINE REPAIR AND ENHANCEMENT (BOND 2012)\AE AGREEMENT LJA E12129.DOC CITY OF CORPUS CHRISTI J.H Edmonds, P.E. Date Director of Engineering Services RECOMMENDED Operating Department Date APPROVED AS TO FUNDING ONLY Office of Mgmt and Budget Date APPROVED AS TO LEGAL FORM Legal Department ATTEST Date Fund Name SW 2013 Bond 2012 Street 2013 Bond 2012 Water 2015 Bond WW 2015 Bond Total: $121,358.39 Date Accounting Unit 3498-043 3549-051 4097-041 4255-042 Pa ric . Veteto, E Date Vice President 820 Buffalo Street Corpus Christi, TX 78401 (361) 887-8851 Office Account No. 550950 550950 550950 550950 Activity No. E12129013198EXP E12129013549EXP E12129014097EXP E12129014255EXP Amount $30,340.00 $30,340.00 $30,339.00 $30,339.39 Contract for Professional Services Page 5 of 5 K ENGINEERING DATAEXCHANGE\CLARISSM ECONOMIC DEVELOPMENT\E12129 - NORTH BEACH BREAKWATER PLAZA, NORTH SHORELINE REPAIR AND ENHANCEMENT f BOND 2012,\AE AGREEMENT LJA E12129 DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS North Beach Breakwater, Plaza, North Shoreline Repair and Enhancement (Bond 2012) Project No. E12129 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Architect/Engineer A/E (also referred to as Consultant) will: a) Prcparc PowcrPoint presentation in City format for City Council Meeting. • c) na-eeti-4gs to attendees within five working days of the meeting. Provide scope of geotechnical testing requirements to the City's Geotechnical Consultant. information provided by the City pertaining to the project area. Dcvclop prcliminary rcquircmcnts for utility relocations replacements or upgrades. • petentiabejest-needs. Develop preliminary street cross section recommendations. Prcparc conccptual lifc cycle cost estimate with recommended pavement sections using Federal Highway Administration (FHWA) "Real Cost" Program. Identify right of way acquisition requirements and illustrate on a schematic strip map. Prepare prelimina y opinions of probable construction costs for the recommended improvements. Develop drainage area boundary map for existing used drainage areas ccrved. Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. that may have existing facilities and must relocated to accommodate the proposed improvements. 1) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. rn) Identify and analyze requirements of governmental authorities having jurisdiction to approvc dcsign of the Project including permitting, environmental, historical, n) o) school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. Identify and recommend public outreach and community stakeholder requirements. Review City provided preliminary Traffic impact asccscment and providc recommendation for integration and/or additional requirements as appropriate. required per City Plan Preparation Standards Contract Format (CPPSCF). Engineering Letter Report to include: EXHIBIT "A" Page 1 of 11 Revised November 26, 2013 1 Provide a concise presentation of pertinent factors, sketches, designs, cross sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction wad-req-61+reme s, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing used utilities, identification of quality and • - - - -tion, and other factors required for a 111. prsional-design. Include existing site photos. Provide opinion of probable construction co.As. jurisdiction to approve design of the Project including permitting, agent or with City participation and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. on cost sates toward City opera, which this project will affect. 7 Provide anticipated index of drawings and specifications. 8. Provide a summary table & required ROW parcels. Draft Engineering Letter Report. Submit computer model file, results and calculatlens used to analyze drainage. t) u) on the Draft Engineering Letter Report as scheduled by City Project Manager. Assimilate all City review comments of the Draft Engineering Letter Report and hard copies using City Standards as applicable) suitable for reproduction. Assist City in presenting summary of EL R findings to the Bicycle and Pedestrian Subcommittee and the Transportation Advisory Committee (TAC). Prepare PowerPoint presentation, handouts and exhibits for meeting. Provide follow up and response to comments. City staff will provide one set only of the following information (as applicable): a) Electronic index and database of City's record drawing and record information. b) Requested record drawings and record information in electronic format as available from City Engineering files. c) Provide the budget for the Project specifying the funds available for the construction contract. d) A copy of existing studies and plans. (as available from City Engineering files). e) Field location of existing city utilities. (A/E to coordinate with City Operating Departments.) f) Applicable Master Plans and GIS mapping are available on the City's website. g) City Control survey Bench marks and coordinates. Any information marked proprietary, or copyrighted, provided by the City is authorized for use only by A/E, and only for the intended purpose of this project. Any unauthorized use or EXHIBIT "A" Page 2 of 11 Revised November 26, 2013 distribution of information marked proprietary, or copyrighted, provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. The City will provide a list of utility franchises within the Project area. b) materials and/or contaminated soils that may be discovered during construction. c) Prepare construction documents in City standard format for the work identified in the approved ELR under the previous contract. For construction plans that include improvements or modifications to the storm water, water and wastewater systems within the project limits, include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 11"x 1 7". i) Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. Preparation of specific traffic control plans is not included in the scope of this contract. The Contractor shall be responsible for preparation and approval of specific Traffic Control plans appropriate to the Contractor's means and methods. ii) Provide Storm Water Pollution Prevention Plan, including construction drawings. Prepare Stormwater Best Management Practices construction drawings. Contractor is responsible for preparing and maintaining a Stormwater Pollution Prevention Plan (SWPPP) for himself and for the City. The SWPPP shall include the construction drawings prepared by the A/E. e) Furnish one (1) set of the interim plans (60% submittal - electronic and full sic 11"x17" hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. i) Required with the interim plans is a "Plan Executive Summary", project checklist & drawing checklist, which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. ii) Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. f) Hold Project 60% review Submittal meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. h) review and approveses with revised estimates of probable costs. Hold Project 90% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review advise City of responding and non responding participants as appropriate and, upon Notice to Proceed. EXHIBIT "A" Page 3 of 11 Revised November 26, 2013 i) Provide one (1) set of the final (100%) plans (unsealed and unstamped - electronic and hard copy using City Standards as applicable) for City's final review. j) Assimilate all final review comments. Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. k) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City -provided review comments or provided submittals in accordance with City standards.. 1) Prepare and submit monthly status rcports to the Projcct Managcr no latcr than the last Wcdnccday of tach month with action itcros dcvclopcd from monthly progrc , and rcvicw mcctings. See attachment 'A' for required form. (NOT INCLUDED IN THIS CONTRACT) m) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements. (If AUTHORIZED as an Additional Service.) The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. City during the Design Phase. b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide electronic copy of the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Prcparc draft Authorization to Advertise (ATA) from City provided example. b) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. c) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. d) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. f) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re - advertise that particular portion of the Project for bids. EXHIBIT "A" Page 4 of 11 Revised November 26, 2013 g) Prepare Agenda Memoranda and PowerPoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. include the following: a) Participate in pre construction meeting conference and provide a recommended agcnda for critical construction activities and elements impacting the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. c) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorizc rcquircd changcs, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to obscrvc the gcncral progresc and quality of work, and to determine, in general, if the work is being done in accordance with the contract f) g) h) continuous monitoring of the progress of construction. City. Review, evaluate and recommend for City consideration Contractor Value Engineering proposal. Attend final inspection with City staff, provide punch list items for Contractor successful completion of the project. i) Review Contractor -provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. (MOVED TO ADDITIONAL SERVICES) The City staff will: a) Provide all Construction Administration and Construction Observation Services. b) Designate an individual to have responsibility, authority, and control for coordinating activities for the City during the Construction Phase. EXHIBIT "A" Page 5 of 11 Revised November 26, 2013 B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a) Union Pacific Railroad, Missouri Pacific Railroad, or any other railroad operating in the ar a b) TxDOT utility permit(s) c) Wetlands Delineation and Permit d) Temporary Discharge Permit c) NPDES Permit/Amendments (including SSC, NOI NOT) f) Texas Commission of Environmental Quality (TCEQ) Permits/Amendments g) Nueces County h) Texas Historical Commission (THC) i) U.S. Fish and Wildlife Service (USFWS) j) U.S. Army Corps of Engineers (USACE) k) United States Environmental Protection Agency (USEPA) I) Texas Department of Licensing and Regulation (TDLR) m) Texas General Land Office (TGLO) n) Other agency project specific permits 2. Right of Way (ROW) Acquisition Survey and Parcel Descriptions. All work must comply Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Pcrform surveys to determine apparent right of way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. NE must obtain Title Commitments from a local title company and provide copies to the City. Title Commitments shall identify title ownership and any title encumbrances to all right of way to be acquired. c) Provide a preliminary base map containing apparent ROW, which will be u: -.;cd bytho NE to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. d) Prepare Metes and Bounds Instruments with supporting exhibits as required and agreed upon, subsequent to the ELR acceptance, for ROW parcels, utility caccmcnts and temporary construction asements. c) Sct property corncrs and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at "not to scale" and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. EXHIBIT "A" Page 6 of 11 Revised November 26, 2013 f) Prepare individual signed and sealed parccl maps and Icgal dcscriptionc for thc parcels required will be submitted along with parcel descriptions. Additional fees may be reg i -ed in resolving bounda Ge-41+sts between Owners. A/E shall submit parcel maps and legal descriptions prior to the 60% submittal. 3. Topographic Survey All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I • Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. c) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and thc data will havc no adjustmcnt factor applied i.e. the coordinate data will remain in grid. c) Vcrtical control will be bascd on NAVD 88. f) All control work will be established using conventional (non GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility cnginccring (SUE) shall be providcd as part of thc scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 5. Subsurface Utility Engineering a) Providc subsurfacc utility cnginccring in accordancc with ASCE Standard "ASCE C I, 38 02, Standard Guidclinc for thc Collcction and Dcpiction of Existing Subsurfacc Utility Data" including, but not limitcd to, hydro cxcavation. The propoccd cubcurfacc utility investigation will be as follows: i) Excavation The survey scope includes working with a subsurface utility cxcavator to perform Quality Laval A invcstigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, control. The utility will be identified and an elevation will be obtained to the top of the utility. ii) Utility Location The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground EXHIBIT "A" Page 7 of 11 Revised November 26, 2013 utility facilities, such as manholes, valve boxes acts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One Call Notice and measuring the marked locations. Quality Level C. Locations will be based on the surveyed locations of acccssiblc storm water manholes and drainage inlets. iv) Wastewater Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of construction related excavation shall be located at Quality Level A. v) Water Water facilities within the project limits will be located to Quality Level A. by the A/E. The City of Corpus Christi Gas Department will provide Quality Level C. The NE will coordinate this activity. vii) Add SUE findings to topographic survey. b) Inform local franchises-w#ese utilities fall within the footprint of construction related cxcavation of the potcntial for cncountcring thcir utility linos during construction. A 2. Public Meeting (1 Meeting). Participate in one (1) public meeting. Prepare exhibits for meetings. Provide follow-up and response to citizen comments as requested. Revise contract drawings to address citizen comments, as directed by the City. 3. Construction Phase Assistance (Time and Materials upon Request). A/E will provide the City with assistance, as requested, during the construction phase of the Project on a Time and Materials basis. Requests for services from the A/E shall be submitted to the A/E via email from City staff (Construction Inspection or Engineering Services) and shall include Calendar Meeting Requests. Verbal requests for services must be followed by an email to the A/E prior to action being taken by the A/E. Receipt of email requests, including Meeting Requests, from City Staff shall be considered by the A/E as Authorization to Proceed on the requested services. Services provided under this line item shall be invoiced to the City monthly based upon the attached Table 1— Rate Schedule and shall include time spent during the invoicing period. If it is apparent that additional efforts will be required beyond the estimated Contract budget after 75% of the estimated budget for this Line Item has been spent, the A/E will prepare a Contract Amendment for additional fees based upon an estimate of the amount of effort remaining to complete the Project. Work will not proceed beyond the approved budget. The following services are excluded from this Contract: a) Preparation of change orders; b) Review of shop drawings. (This does not exclude review of material submittals, if requested.); c) Review/approval of Contractor pay requests; and d) Preparation of a Certificate of Completion at the end of the Project. Start up Services. Provide on-site services and verification for all start up procedures needed and required. EXHIBIT "A" Page 8 of 11 Revised November 26, 2013 9. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. Preparation of Record Drawings. Review Contractor -provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwgformat in AutoCAD, and graphics data will be in dxfformat with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. Provide the services above authorized in addition to those items shown on Exhibit "A-1" Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does not supersede supplements Exhibit "A". II. SCHEDULE Date Activity Begin Design Work Upon receipt of executed contract and NTP from City Submit 60% Design 4 Months after receipt of NTP from City City Review 1 Month Submit 100% Design 2 Weeks after receipt of 60% comments from City City Review 1 Month Submit Sealed Plans & Docs 2 Weeks after receipt of 100% comments from City Advertise for Bids 2 Weeks after Sealed Submittal Pre -Bid Conference 2 Weeks after Advertisement Receive Bids 4 Weeks after Advertisement Contract Award 4 Weeks after receipt of Bids Begin Construction 4 Weeks after Award of Contract Complete Construction Approximately 6 Months after Begin Construction III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-3 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1-3, A/E will submit monthly statements for basic services rendered. The statements will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E's monthly statements. EXHIBIT "A" Page 9 of 11 Revised November 26, 2013 B. Fee for Additional Services. For authorized Additional Services, the NE will submit monthly statements for services rendered. For Fixed Fee Additional Services Line Items, the statements will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. For Time and Materials Additional Services, the statements will be based upon A/E's time spent during the period of time covered by the invoice and based upon the attached Table 1 - Rate Schedule. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the A/E a not -to - exceed fee as per the table below: Summary of Fees 1. Permitting: TDLR (FF) (Authorized) Street Storm- Water Water Waste - Water Gas Total Basic Services Fees 1. Preliminary Phase (FF) $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 2. Design Phase (FF) $ 45,004.00 $ 25,716.57 $ 5,625.50 $ 4,018.21 $ 0.00 $ 80,364.28 3. Bid Phase (FF) $ 2,475.56 $ 1,414.61 $ 309.45 $ 221.04 $ 0.00 $ 4,420.66 Subtotal Basic Services Fees $ 47,479.56 $ 27,131.18 $ 5,934.95 $ 4,239.25 $ 0.00 $ 84,784.94 1. Permitting: TDLR (FF) (Authorized) $ 844.69 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 844.69 2. Public Meetings (1 Meeting) (FF) $ 1,416.87 $ 809.64 $ 177.10 $ 126.50 $ 0.00 $ 2,530.11 (Authorized) 3. Construction Phase Assistance (T&M) $ 15,726.23 $ 8,986.42 $ 1,965.77 $ 1,404.12 $ 0.00 $ 28,082.54 (Authorized) 4. Preparation of Record Drawings (FF) $ 2,865.02 $ 1,637.15 $ 358.13 $ 255.81 $ 0.00 $ 5,116.11 (Authorized) Sub -Total Additional Services Fees $ 20,852.81 $ 11,433.21 $ 2,501.00 $ 1,786.43 $ 0.00 $ 36,573.45 Total Authorized Fee $ 68,332.37 $ 38,564.39 $ 8,435.95 $ 6,025.68 $ 0.00 $ 121,358.39 (Notes: 'FF" designates Line Items to be invoiced on a Fixed Fee basis, and 'T&M' designates Line Items to be invoiced on a Time & Materials basis. 'AUTHORIZED' constitutes "written authorization to proceed" on an Additional Services Line Item.) EXHIBIT "A" Page 10 of 11 Revised November 26, 2013 EXHIBIT A-1 CITY OF CORPUS CHRISTI, TEXAS North Beach Breakwater, Plaza, North Shoreline Repair and Enhancement (Bond 2012) Project No. E12129 TASK LIST GENERAL The North Beach Breakwater, Plaza, North Shoreline Repair and Enhancement (Bond 2012) Project includes Design and Bid Phase services and associated Additional Services, as described herein, for the installation of pedestrian and parking improvements along N. Shoreline Boulevard between Pearl Street and Bridgeport Avenue, including existing curb and gutter modifications, new sidewalks and curb ramps, new pavement markings and limited utility improvements within the project area. The Project also includes repaving the Breakwater Plaza and repairs to the concrete cap along the breakwater structure. This contract is based upon proposed improvements with a total estimated construction cost of $1,248,000. Exhibit "A", I. A. - BASIC SERVICES Preliminary Phase Preliminary Phase Services are excluded from this Contract. Design Phase (Fixed Fee) Provide Design Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services with the following conditions: Exhibit "A", I. A. 2 - Clarification A/E will submit all Contract deliverables to the City, only, in accordance with the Contract requirements. The City will distribute deliverables to Third -Party Reviewers at its discretion and coordinate with Third -Party Reviewers to receive comments. The City will incorporate any comments received from Third -Party Reviewers deemed appropriate into the City's comments for discussion at the appropriate meeting. To prevent miscommunications during the Design Phase, A/E's point of contact for Project decisions will be the City's Project Manager. EXHIBIT "A-1" Page 1 of 3 Exhibit "A", I. A. 2. a) - Clarification Coordination with AEP to convert their existing overhead infrastructure in the project area to underground infrastructure is not included in the scope of work of this Contract. Exhibit "A", I. A. 2. d) - Clarification The design of temporary traffic control measures shall consist of the preparation of Advanced Warning Signage Plans and inclusion of typical examples of traffic control measures for certain situations. The design of specific traffic control measures for the entire project is not included in the scope of work of this Contract. The Contractor is responsible for the preparation and approval of specific traffic control plan(s) that coincide with his approach to constructing the project — subject to the Project phasing stipulated in the construction documents - and may incorporate the typical examples provided in the construction plans. Bid Phase (Fixed Fee) Provide Bid Phase Services in accordance with Exhibit `A of the Contract for Professional Services with the following exception: Preparation of a CivCast bid spreadsheet is not included in the scope of services of this Contract. Construction Phase Construction Phase Services as described in Exhibit "A", I. A. 4. are excluded from this Contract. Construction Phase Assistance will be provided by the A/E as a Time & Materials Additional Service upon request as described in Exhibit CA. Exhibit "A", I. B. - ADDITIONAL SERVICES (Subject to Authorization) 1. Permitting (Fixed Fee) • TDLR Registration: Submit construction plans and specifications to a Registered ADA Specialist (RAS) for review and approval and registration with the TDLR; Provide coordination efforts, as necessary. NOTE: USACE permitting is not anticipated as necessary and is not included in the scope of work of this contract. EXHIBIT "A-1" Page 2 of 3 2. Public Meeting (1 Meeting) (Fixed Fee) Services will be provided in accordance with Exhibit `A' of the Contract for Professional Services. 3. Construction Phase Assistance (Time and Materials) Services will be provided in accordance with Exhibit `A' of the Contract for Professional Services. 4. Preparation of Record Drawings (Fixed Fee) Services will be provided in accordance with Exhibit `A' of the Contract for Professional Services. Exhibit "A", III. Fees The fees proposed within this Contract are contingent upon the combination of this project and City Project No. E12127, such that LJA will only prepare one (1) set of bid documents for both projects, and both projects will be bid and constructed together as one (1) project. EXHIBIT "A-1" Page 3 of 3 EXHIBIT B Insurance Requirements Pre -Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim (Defense costs shall be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 Consultant 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. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 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. 1.7 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. X LUX Z X I- H. O ✓ O Z W Z as O 5 >• > a E = a Invoice Date: aw t.) aw a E 0 U w co V c '0 N d 0 O . •5 0 a) c> 0 — c 72) O• • E >> Q E O o U N Z Q z E 0 U Basic Services: \ 0 O \ 0 O \ 0 O \ \ 0 0 O O \ 0 O 0'9 O \ 0 O \ 0 O \ 0 O 0'9 O \ 0 O \ 0 O \ 0 O \ 0 O \ 0 O \ 0 O O O O O I 0 0 0 0 0 0 0 0 O O O O O TBD TBD TBD TBD TBD TBD 0 TBD TBD TBD TBD TBD TBD TBD 0 O I 0 0 0 0 0 0 0 0 Ea Ea Ea Ea Ea Ea O O O O O O O O O O O O O Ea Ea Ea Ea Ea Ea O O O O O O O O O O O O O Ea Ea Ea Ea Ea Ea Ea 0 0 0 0 0 0 0 0 0 0 0 0 0 Ea Ea Ea Ea Ea Ea 0 0 0 0 O 0 0 0 0 0 O 0 O Ea Ea Ea Ea Ea Ea O O O O O O O O O O O O O Ea Ea Ea Ea Ea Ea O O O O O O O O O O O O O Ea Ea Ea Ea Ea Ea Preliminary Phase Design Phase Construction Phase Subtotal Basic Services Additional Services: O) c E 0 Warranty Phase 0 & M Manuals O U Subtotal Additional Services Basic Services Fees Additional Services Fees Total of Fees Exhibit "C" Page 1 of 1 City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: LJA Engineering, Inc. P. O. BOX: STREET ADDRESS: 820 Buffalo Street FIRM IS: 1. Corporation 4. Association CITY: Corpus Christi ZIP: 78401 2. Partnership 5. Other 3. Sole Owner DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest'' constituting 3% or more of the ownership in the above named "firm." Name NA Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N:'A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." �ne Board, Commission or Committee F -rr . r7. - r, r Fr j 4qr ,u ( uGIG Or, nT nn 5 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N/A Consultant EXHIBIT D PAGE 1 OF 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter. unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus 1-rristi, Texas as changes occur. Certifying Person: Patrick D. Vete (Type or Print) Signature of Certifying Person: DEFINITIONS Title: Vice President Date: 04-20-16 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 D PAGE 2 OF 2 Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-50911 Date Filed: 05/05/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. LJA Engineering, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E12127 Engineering and Surveying Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT 1 swear, or affirm, under perjury, that the above disclosure is true and correct. i Rd 1 1 (_AIM ,�I •rll�J' 4hp My Commission Expires November 11,2017 ' Signature of authorized agePof contracting business entity I. rl� J0 I'1 e 5 , this the 5�J day of i 'l y AFFIX Sworn 20 NOTARY to and 1(o STAMP / SEAL ABOVE subscribed before me, by the said 1� tJ . SCO 4'+ , to certify which, witness my hand and seal of office. r " • V ) " " 1 aQhQ C. Ci a)ireZ AmitJ• /5S -i- C �n Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-50913 Date Filed: 05/05/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. LJA Engineering, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E12129 Engineering and Surveying Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. i�4 DIANA C RAMIREZ MyNovember Commission11Expires2017 Y s Signature o authorized age of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE p ' Sworn to and subscribed before me, by the said ,� J • SCO 4 ,Ines , this the 5}6 day of 1f14 , ,r 20 t. , to certify which, witness my hand and seal of office. �f' G1A,Cr 1A►'1Q C. �'>1i ►�Z f►i [.4.f 5'.Signature of officer admstering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx. us Version V1.0.1021 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 12, 2016 Action Item for the City Council Meeting of July 19, 2015 DATE: TO: July 7, 2016 Margie C. Rose, Interim City Manager THRU: Mark Van Vleck, Assistant City Manager MarkVV@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director of Public Works ValerieG@cctexas.com (361) 826-3729 FROM: Jeffrey Edmonds, P. E., Director of Capital Programs JeffreyE@cctexas.com (361) 826-3851 Approval for Amendments to Support Service Contracts Engineering Services Staff Augmentation — Construction Inspection CAPTION: Motion authorizing City Manager, or designee, to execute Amendment No. 1 for nine Construction Inspection Staff Augmentation (CISA) contracts totaling $1,846,875 for a total not to exceed amount of $2,291,695 providing augmented Construction Inspection staff within Engineering Services Department. PURPOSE: The purpose of this agenda item is to amend existing CISA contracts to extend the period of performance for construction inspection services. A Request for Proposals (RFP) for these services was published in October 2015 and the selections were finalized in January. Inspectors began work earlier this year under small AE agreements that were staff approved. This action will extend the contracts for inspectors to the projected end of their current construction project assignments. BACKGROUND AND FINDINGS: Engineering Services has historically used a combination of in-house and contract staff resources to accomplish its mission of delivering capital projects to City operating departments. Current workload demands exceed the capabilities of the existing inspector workforce. Inspectors are essential for the successful delivery of construction projects. Construction Inspectors are 1 typically responsible for the following tasks: • Ensure construction contractors are compliant with construction documents including plans and specifications, codes and regulations; • Monitor contractor performance and progress for quality, quantities and timeliness; • Coordinate traffic control plans and changes with local businesses, residents and other agencies; • Coordinate City utilities for outages, connections etc. with Operating Departments and local businesses and residents; • Coordinate with private utilities including AEP, AT&T, Time Warner, etc.; • Review and recommend progress pay applications for contractors, and • Implement and coordinate general inspections, special inspections and final inspections. Currently Engineering Services is managing 39 active City construction projects with a total value of $274 Million. Engineering Services also provides quality assurance inspection for the public infrastructure in private subdivision developments. There are 14 current subdivision projects for which Engineering is providing inspections. The following is a summary of the project workload: • 39 active City construction contracts totaling $274M; ✓ Streets (19 contracts) • 16 Major Street projects totaling $70M • 2 SPMP Overlay & Seal Coat contracts with over 150 Streets totaling $17M • Signals and Sign Multi -task project $1M ✓ Utilities (30 contracts) • 7 Water plant and distribution system projects totaling $121M including one multiple task order contracts • 10 Wastewater plant and collection system projects totaling $8M including four multiple task order contracts ✓ 2 CCIA Projects totaling $48M ✓ 1 Solid Waste Project totaling $4M ✓ 3 Parks & Recreation/Facility Projects totaling $5M • 14 subdivision projects; • 19 City projects in close-out phase totaling $106 Million; • There are an additional 36 city street projects, 41 utility projects, 22 other facility/building projects scheduled to begin construction later this calendar year with an unknown number of private subdivision developments. Engineering Services continues to experience recruiting difficulties concurrent with a significant spike in bidding and construction activity. The Engineering Services currently has 16 full-time inspector positions. Currently 7 of the 16 inspector positions are vacant and the department is actively recruiting. City staff anticipated the increased workload and released an RFP for additional Construction Inspectors that closed in November 2015. The RFP was structured as a best value procurement where hourly rates and the individual inspectors' qualifications were equally weighted. Selections were announced in January 2016 and inspectors began working under small AE agreements in February. The contracting approach allows the department the ability to respond to a rapidly increasing workload 2 and can easily adjust downward as projects are concluded. This current RFP process replaced the previous processes where these services were treated as a professional procurement governed under the Engineering Practice Act. Previously, firms were either hired based on firm qualifications for construction management or inspection services were sole sourced to the design engineering firm for a negotiated fee. This new, competitively priced, RFP process has achieved significant savings, increased the level of inspector expertise and allowed the City to provide a standard management approach to construction oversight across the City's entire construction portfolio. This Agenda item authorizes extension of the existing small AE staff augmentation contracts which will be expiring soon. The initial contracts were administratively authorized to expedite the onboarding process. The contracts provide hourly rates for each inspector inclusive of vehicle and equipment with not -to -exceed amounts calculated to extend their service to the projected end of the current inspector assignments. The following is a list of firms currently providing construction inspection staff augmentation services: Consultant Inspector Original Contract Contract Amendment (THIS ITEM) Not to Exceed Amount Duration AGCM Albert Mendoza $49,500 $227,550 $277,050 21 months AGCM Dan Parker $49,500 $190,620 $240,120 15 months ACGM George De La Cerda $49,400 $151,060 $200,460 18 months AGCM Manuel Hernandez $49,600 $200,760 $250,360 18 months AGCM Marcus Garcia $49,500 $315,425 $364,925 21 months AGCM William Hammac $49,600 $196,320 $245,920 18 months LAN David Lopez $48,720 $132,240 $180,960 18 months LNV Jose De Leon $49,500 $137,700 $187,200 12 months Maverick Joe Sandoval $49,500 $295,200 $344,700 21 months Total $444,820 $1,846,875 $2,291,695 The augmented staff Construction Inspector work assignments and responsibilities are comparable to City Employee requirements for maintaining regular business work hours and completion of required responsibilities. For example, all inspectors must enter project data on City forms and enter daily reports into the Engineering project management database. The CISA contracts aggregate amount of approximately $2.3 Million represents less than 1% of the $282 Million value in active construction projects. The CISA rates are inclusive of vehicle, computer, phone, personal safety equipment and miscellaneous expenses. ALTERNATIVES: 1. Authorize execution of the Amendments to the Professional Services Agreements. 2. Do not authorize Amendments to the Professional Services Agreements. (Not Recommended) OTHER CONSIDERATIONS: Staff will continue to evaluate and amend current recruiting strategies to successfully fill Department vacancies. CONFORMITY TO CITY POLICY: 3 This conforms to city policy for procurement of construction support and inspection services. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Engineering Services FINANCIAL IMPACT: X Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Years 2015-2016 Current Year 2016-2017 TOTALS Line Item Budget $1,846,875 $1,846,875 Encumbered/Expended Amount This item $1,846,875 $1,846,875 Future Anticipated Expenditures BALANCE $0.00 $0.00 Fund(s): Street, Utility, and Parks & Recreation CIP Comments: CISA's will be charged to various projects in accordance with hours worked in support of each project. RECOMMENDATION: City staff recommends approval of the CISA contracts to maintain the current level of inspector support. LIST OF SUPPORTING DOCUMENTS: Presentation Location Map Amendment No. 1 (9) Form 1295 (4) 4 CITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas, hereinafter called "CITY," and AGCM, Inc. hereinafter called "CONSULTANT," agree to the following amendment to the Contract for Professional Services for Construction Inspection Staff Augmentation — George De La Cerda (Project No. E16247) as authorized and administratively amended by: Original Contract February 29, 2016 Administrative Approval $49,400.00 IN THE ORIGINAL CONTRACT, SECTION 1. SCOPE OF SERVICES, shall be modified as shown in Exhibit "A". IN THE ORIGINAL CONTRACT, SECTION 4. FEES, shall be modified for an additional fee not to exceed $151,060.00 (in figures) One Hundred Fifty One Thousand Sixty Dollars and Zero Cents (in words) for a total restated fee not to exceed $200,460.00 (in figures) Two Hundred Thousand Four Hundred Sixty Dollars and Zero Cents (in words). All other terms and conditions of the February 29, 2016 contract between the "CITY" and "CONSULTANT" and of any amendments to that contract which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI AGCM, INC. J. H. Edmonds, P.E. Director of Engineering Services APPROVED AS TO FORM Legal Department Date APPROVED AS TO FUNDING Office of Mgmt and Budget Date ATTEST City Secretary Nathan Swinney, CPE Vice President 1101 Ocean Drive Corpus Christi, TX 78404 (361) 882-0469 Office (361) 884-9358 Fax Date Construction Inspection Staff Augmentation — George De La Cerda, E16247 AGCM Engineering, Amendment No. 1 Fund Name Accounting Unit Account No. Activity No. Account Category Amount Public Facilities 3162-191 550910 E12120013162EXP 50910 $56,000.00 Parks Bond 2012 3293-141 550910 E14005013293EXP 50910 $31,687.00 Parks Bond 2012 3293-141 550910 E14005013293EXP 50910 $31,687.00 Parks Bond 2012 3293-141 550910 E14005013293EXP 50910 $31,686.00 Total $151,060.00 Encumbrance No. AMD. NO. 1 Page 2of2 AG June 10, 2016 CM INC. City of Corpus Christi Attn. Jeff Edmonds, P.E. Dept. of Engineering Services / Capital Programs P.O. Box 9277 Corpus Christi, TX 78469-9277 CORPUS CHRISTI 1101 Ocean Drive (78404) PO Box 2682 Corpus Christi, TX 78403 Ofc 3611882-0469 Fax 3611884-9358 www.agcm.com SUBJECT: PROPOSED AMENDMENT 1 FOR CONSTRUCTION INSPECTION STAFF AUGMENTATION GEORGE DE LA CERDA - RFP NO. 2015-07 Dear Jeff: We are excited to have the potential to continue our successful relationship with the City and will continue supporting the City to the standards you are accustomed to. AG1CM proposes to continue provide George De La Cerda on a full-time basis through August 30, 2017 at the corresponding rates and Not to Exceed (NTE) amounts for Construction Inspection Staff Augmentation according to the terms disclosed in RFP No. 2015-07: Original Contract Amendment 1 $65 / HR $65 / HR NTE - $49,400 NTE - $151,060 Total NTE - $200,460 Of the Original Contract amount of $49,400, $28,860 has been billed through May 31, 2016 and $20,540 remains. It is our understanding that his time will be divided between projects as directed by the City. AG1CM will provide these services to the level of professionalism you have previously experienced with our personnel. Thank you again for this opportunity and we look forward to continuing the success of City of Corpus Christi. Sincerely, N% an ' inne , PE, CCM ice Preside — South Texas Region %1►"11`1C1 Cormin elien Management Aaeciaiim Ed America Exhibit A Page 1 of 1 X LUX Z X I- H. O ✓ O Z W Z as O m 5 �>> a E = a Invoice Date: CD t.) CD a E 0 0 w co V c '0 N d 0 O . •5 0 a) c> 0 — c 72) O• • E >> Q E O o 0 N Z Q z E 0 0 Basic Services: \ 0 O \ 0 O \ 0 O \ \ 0 0 O O \ 0 O 0'9 O \ 0 O \ 0 O \ 0 O 0'9 O \ 0 O \ 0 O \ 0 O \ 0 O \ 0 O \ 0 O O O O O I 0 0 0 0 0 0 0 0 O O O O O TBD TBD TBD TBD TBD TBD 0 TBD TBD TBD TBD TBD TBD TBD 0 O I 0 0 0 0 0 0 0 0 Ea Ea Ea Ea Ea Ea O O O O O O O O O O O O O Ea Ea Ea Ea Ea Ea O O O O O O O O O O O O O Ea Ea Ea Ea Ea Ea Ea 0 0 0 0 0 0 0 0 0 0 0 0 0 Ea Ea Ea Ea Ea Ea 0 0 0 0 O 0 0 0 0 0 O 0 O Ea Ea Ea Ea Ea Ea O O O O O O O O O O O O O Ea Ea Ea Ea Ea Ea O O O O O O O O O O O O O Ea Ea Ea Ea Ea Ea Preliminary Phase Design Phase co co L OQ CD LT) Construction Phase Subtotal Basic Services Additional Services: Warranty Phase 0 & M Manuals O 0 Subtotal Additional Services Basic Services Fees Additional Services Fees Total of Fees Exhibit "B" Page 1 of 1 v+ri�r City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. O. BOX: STREET ADDRESS: FIRM IS: 1. Corporation 4. Association CITY: ZIP: 2. Partnership 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each ` employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant EXHIBIT C Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: (Type or Print) Signature of Certifying Person: Date: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g - "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT C Page 2 of 2 CITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas, hereinafter called "CITY," and AGCM, Inc. hereinafter called "CONSULTANT," agree to the following amendment to the Contract for Professional Services for Construction Inspection Staff Augmentation — Manuel Hernandez (Project No. E16247) as authorized and administratively amended by: Original Contract February 29, 2016 Administrative Approval $49,500.00 IN THE ORIGINAL CONTRACT, SECTION 1. SCOPE OF SERVICES, shall be modified as shown in Exhibit "A". IN THE ORIGINAL CONTRACT, SECTION 4. FEES, shall be modified for an additional fee not to exceed $200,760.00 (in figures) Two Hundred Thousand Seven Hundred Sixty Dollars and Zero Cents (in words) for a total restated fee not to exceed $250,360.00 (in figures) Two Hundred Fifty Thousand Three Hundred Sixty Dollars and Zero Cents (in words). All other terms and conditions of the February 29, 2016 contract between the "CITY" and "CONSULTANT" and of any amendments to that contract which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI AGCM, INC. J. H. Edmonds, P.E. Director of Engineering Services APPROVED AS TO FORM Legal Department Date APPROVED AS TO FUNDING Office of Mgmt and Budget Date ATTEST City Secretary Nathan Swinney, CPE Vice President 1101 Ocean Drive Corpus Christi, TX 78404 (361) 882-0469 Office (361) 884-9358 Fax Date Construction Inspection Staff Augmentation — Manuel Hernandez, E16247 AGCM Engineering, Amendment No. 1 Fund Name Accounting Unit Account No. Activity No. Account Category Amount Streets Bd 2014 3551-051 550910 E13095013551 EXP 50910 $100,380.00 SW Bond 2012 3498-043 550910 E12090019498EXP 50910 $25,095.00 Streets Bd 2012 3549-051 550910 E12090013549EXP 50910 $25,095.00 Water Bond 2012 4094-041 550910 E12090014094EXP 50910 $25,095.00 WW Bond 2012 4253-042 550910 E12090014253EXP 50910 $25,095.00 Total $200,760.00 Encumbrance No. AMD. NO.1 Page 2 of 2 AG June 10, 2016 CM INC. City of Corpus Christi Attn. Jeff Edmonds, P.E. Dept. of Engineering Services / Capital Programs P.O. Box 9277 Corpus Christi, TX 78469-9277 CORPUS CHRISTI 1101 Ocean Drive (78404) PO Box 2682 Corpus Christi, TX 78403 Ofc 3611882-0469 Fax 3611884-9358 www.agcm.com SUBJECT: PROPOSED AMENDMENT 1 FOR CONSTRUCTION INSPECTION STAFF AUGMENTATION MANUEL HERNANDEZ - RFP NO. 2015-07 Dear Jeff: We are excited to have the potential to continue our successful relationship with the City and will continue supporting the City to the standards you are accustomed to. AG1CM proposes to continue provide Manuel Hernandez on a full-time basis through June 30, 2017 at the corresponding rates and Not to Exceed (NTE) amounts for Construction Inspection Staff Augmentation according to the terms disclosed in RFP No. 2015-07: Original Contract Amendment 1 $80 / HR $80 / HR NTE - $49,600 NTE - $200,760 Total NTE - $250,360 Of the Original Contract amount of $49,600, $41,560 has been billed through May 31, 2016 and $8,040 remains. It is our understanding that his time will be divided between projects E12090 Navigation Blvd. and E13095 Southern Minerals Rd., or as otherwise directed by the City. AG1CM will provide these services to the level of professionalism you have previously experienced with our personnel. Thank you again for this opportunity and we look forward to continuing the success of City of Corpus Christi. Sincerely, N% an ' inne , PE, CCM ice Preside — South Texas Region %1►"11`1C1 Cormin elien Management Aaeciaiim Ed America EXHIBIT A PAGE 1 OF 1 Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees 71 M aux c0 7' CD a — rt o - h 03 PROJECT NAME Project No. EXXXXX Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 $0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0% 0 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% $0 $0 $0 $0 $0 $0 $0 0% v+ri�r City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. O. BOX: STREET ADDRESS: FIRM IS: 1. Corporation 4. Association CITY: ZIP: 2. Partnership 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each ` employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant EXHIBIT C Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: (Type or Print) Signature of Certifying Person: Date: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g - "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT C Page 2 of 2 CITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas, hereinafter called "CITY," and AGCM, Inc. hereinafter called "CONSULTANT," agree to the following amendment to the Contract for Professional Services for Construction Inspection Staff Augmentation — Marcus Garcia (Project No. E16247) as authorized and administratively amended by: Original Contract February 29, 2016 Administrative Approval $49,500.00 IN THE ORIGINAL CONTRACT, SECTION 1. SCOPE OF SERVICES, shall be modified as shown in Exhibit "A". IN THE ORIGINAL CONTRACT, SECTION 4. FEES, shall be modified for an additional fee not to exceed $315,425.00 (in figures) Three Hundred Fifteen Thousand Four Hundred Twenty Five Dollars and Zero Cents (in words) for a total restated fee not to exceed $364,925.00 (in figures) Three Hundred Sixty Four Thousand Nine Hundred Twenty Five Dollars and Zero Cents (in words). All other terms and conditions of the February 29, 2016 contract between the "CITY" and "CONSULTANT" and of any amendments to that contract which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI AGCM, INC. J. H. Edmonds, P.E. Director of Engineering Services APPROVED AS TO FORM Legal Department Date APPROVED AS TO FUNDING Office of Mgmt and Budget Date ATTEST City Secretary Nathan Swinney, CPE Vice President 1101 Ocean Drive Corpus Christi, TX 78404 (361) 882-0469 Office (361) 884-9358 Fax Date Construction Inspection Staff Augmentation — Marcus Garcia, E16247 AGCM Engineering, Amendment No. 1 Fund Name Accounting Unit Account No. Activity No. Account Category Amount Water Rev Bond 4091-041 550910 E14043014091EXP 90910 $78,856.00 Water Rev Bond 4091-041 550910 180198014091 EXP 90910 $78,856.00 Water Rev Bond 4091-041 550910 E10172014091EXP 90910 $78,856.00 Water Rev Bond 4091-041 550910 E13109014091EXP 90910 $78,857.00 Total $315,425.00 Encumbrance No. AMD. NO. 1 Page 2 of 2 AG June 17, 2016 CM INC. City of Corpus Christi Attn. Jeff Edmonds, P.E. Dept. of Engineering Services / Capital Programs P.O. Box 9277 Corpus Christi, TX 78469-9277 CORPUS CHRISTI 1101 Ocean Drive (78404) PO Box 2682 Corpus Christi, TX 78403 Ofc 3611882-0469 Fax 3611884-9358 www.agcm.com SUBJECT: PROPOSED AMENDMENT 1 FOR CONSTRUCTION INSPECTION STAFF AUGMENTATION MARCUS GARCIA — RFP NO. 2015-07 Dear Jeff: We are excited to have the potential to continue our successful relationship with the City and will continue supporting the City to the standards you are accustomed to. AG1CM proposes to continue provide Marcus Garcia on a full-time basis through August 30, 2017 at the corresponding rates and Not to Exceed (NTE) amounts for Construction Inspection Staff Augmentation according to the terms disclosed in RFP No. 2015-07: Original Contract NTE - $49,500 CHOKE CANYON DAM SPILLWAY Amendment 1 $110 /HR NTE - $156,312 Mileage Reimbursement Est'd - $10,000 Subtotal NTE - $166,312 WATER DEPARTMENT Amendment 1 $95 / HR NTE - $149,113 Subtotal NTE - $149,113 Total Amendment 1 NTE - $315,425 GRAND TOTAL NTE - $364,925 Of the Original Contract amount of $49,500, $66,173.68 has been billed through May 31, 2016 and -$16,673.68 remains. EXHIBIT A PAGE 1 OF 2 Comiructen Management Aaotiaian of America It is our understanding that his time will be divided between the E14043 Choke Canyon Dam Spillway project and the Water Department. AG1CM will provide these services to the level of professionalism you have previously experienced with our personnel. Thank you again for this opportunity and we look forward to continuing the success of City of Corpus Christi. Sincerely, Nan inne , PE, CCM ice Preside — South Texas Region CamIndion Almagmanlitswialinin of America EXHIBIT A PAGE 2 OF 2 X LUX Z X I- H. O ✓ O Z W Z as O m 5 �>> a E = a Invoice Date: CD t.) CD a E 0 0 w co V c '0 N d 0 O . •5 0 a) c> 0 — c 72) O• • E >> Q E O o 0 N Z Q z E 0 0 Basic Services: \ 0 O \ 0 O \ 0 O \ \ 0 0 O O \ 0 O 0'9 O \ 0 O \ 0 O \ 0 O 0'9 O \ 0 O \ 0 O \ 0 O \ 0 O \ 0 O \ 0 O O O O O I 0 0 0 0 0 0 0 0 O O O O O TBD TBD TBD TBD TBD TBD 0 TBD TBD TBD TBD TBD TBD TBD 0 O I 0 0 0 0 0 0 0 0 Ea Ea Ea Ea Ea Ea O O O O O O O O O O O O O Ea Ea Ea Ea Ea Ea O O O O O O O O O O O O O Ea Ea Ea Ea Ea Ea Ea 0 0 0 0 0 0 0 0 0 0 0 0 0 Ea Ea Ea Ea Ea Ea 0 0 0 0 O 0 0 0 0 0 O 0 O Ea Ea Ea Ea Ea Ea O O O O O O O O O O O O O Ea Ea Ea Ea Ea Ea O O O O O O O O O O O O O Ea Ea Ea Ea Ea Ea Preliminary Phase Design Phase co co L OQ CD LT) Construction Phase Subtotal Basic Services Additional Services: Warranty Phase 0 & M Manuals O 0 Subtotal Additional Services Basic Services Fees Additional Services Fees Total of Fees Exhibit "B" Page 1 of 1 v+ri�r City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. O. BOX: STREET ADDRESS: FIRM IS: 1. Corporation 4. Association CITY: ZIP: 2. Partnership 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each ` employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant EXHIBIT C Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: (Type or Print) Signature of Certifying Person: Date: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g - "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT C Page 2 of 2 CITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas, hereinafter called "CITY," and AGCM, Inc. hereinafter called "CONSULTANT," agree to the following amendment to the Contract for Professional Services for Construction Inspection Staff Augmentation- William Hammac (Project No. E16247) as authorized and administratively amended by: Original Contract February 29, 2016 Administrative Approval $49,600.00 IN THE ORIGINAL CONTRACT, SECTION 1. SCOPE OF SERVICES, shall be modified as shown in Exhibit "A". IN THE ORIGINAL CONTRACT, SECTION 4. FEES, shall be modified for an additional fee not to exceed $196,320.00 (in figures) One Hundred Ninety Six Thousand Three Hundred Twenty Dollars and Zero Cents (in words) for a total restated fee not to exceed $245,920.00 (in figures) Two Hundred Forty Five Thousand Nine Hundred Twenty Dollars and Zero Cents (in words). All other terms and conditions of the February 29, 2016 contract between the "CITY" and "CONSULTANT" and of any amendments to that contract which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI AGCM, INC. J. H. Edmonds, P.E. Director of Engineering Services APPROVED AS TO FORM Legal Department Date APPROVED AS TO FUNDING Office of Mgmt and Budget Date ATTEST City Secretary Nathan Swinney, CPE Vice President 1101 Ocean Drive Corpus Christi, TX 78404 (361) 882-0469 Office (361) 884-9358 Fax Date Construction Inspection Staff Augmentation — William Hammac, E16247 AGCM Engineering, Amendment No. 1 Fund Name Accounting Unit Account No. Activity No. Account Category Amount Water 2015 4097-041 550910 E12137014097EXP 50910 $24,540.00 Storm Water 2015 4531-042 550910 E12137014531 EXP 50910 $24,540.00 Streets Bd 2014 3551-051 550910 E13100013551EXP 50910 $49,080.00 StormWater RvBd 3495-043 550910 E12099013495EXP 50910 $24,540.00 Streets 2012 3549-051 550910 E12099013549EXP 50910 $24,540.00 Water RvBd 4091-041 550910 E12099014091EXP 50910 $24,540.00 Wastewater RvBd 4249-042 550910 E12099014249EXP 50910 $24,540.00 Total $196,320.00 Encumbrance No. AG June 10, 2016 CM INC. City of Corpus Christi Attn. Jeff Edmonds, P.E. Dept. of Engineering Services / Capital Programs P.O. Box 9277 Corpus Christi, TX 78469-9277 CORPUS CHRISTI 1101 Ocean Drive (78404) PO Box 2682 Corpus Christi, TX 78403 Ofc 3611882-0469 Fax 3611884-9358 www.agcm.com SUBJECT: PROPOSED AMENDMENT 1 FOR CONSTRUCTION INSPECTION STAFF AUGMENTATION WILLIAM HAMMAC - RFP NO. 2015-07 Dear Jeff: We are excited to have the potential to continue our successful relationship with the City and will continue supporting the City to the standards you are accustomed to. AG1CM proposes to continue provide William Hammac on a full-time basis through August 30, 2017 at the corresponding rates and Not to Exceed (NTE) amounts for Construction Inspection Staff Augmentation according to the terms disclosed in RFP No. 2015-07: Original Contract Amendment 1 $80 / HR $80 / HR NTE - $49,600 NTE - $196,320 Total NTE - $245,920 Of the Original Contract amount of $49,600, $34,720 has been billed through May 31, 2016 and $14,880 remains. It is our understanding that his time will be divided between projects as directed by the City. AG1CM will provide these services to the level of professionalism you have previously experienced with our personnel. Thank you again for this opportunity and we look forward to continuing the success of City of Corpus Christi. Sincerely, N% an ' inne , PE, CCM ice Preside — South Texas Region %1►"11`1C1 Cormin elien Management Aaeciaiim Ed America EXHIBIT A PAGE 1 OF 1 X LUX Z X I- H. O ✓ O Z W Z as O m 5 �>> a E = a Invoice Date: CD t.) CD a E 0 0 w co V c '0 N d 0 O . •5 0 a) c> 0 — c 72) O• • E >> Q E O o 0 N Z Q z E 0 0 Basic Services: \ 0 O \ 0 O \ 0 O \ \ 0 0 O O \ 0 O 0'9 O \ 0 O \ 0 O \ 0 O 0'9 O \ 0 O \ 0 O \ 0 O \ 0 O \ 0 O \ 0 O O O O O I 0 0 0 0 0 0 0 0 O O O O O TBD TBD TBD TBD TBD TBD 0 TBD TBD TBD TBD TBD TBD TBD 0 O I 0 0 0 0 0 0 0 0 Ea Ea Ea Ea Ea Ea O O O O O O O O O O O O O Ea Ea Ea Ea Ea Ea O O O O O O O O O O O O O Ea Ea Ea Ea Ea Ea Ea 0 0 0 0 0 0 0 0 0 0 0 0 0 Ea Ea Ea Ea Ea Ea 0 0 0 0 O 0 0 0 0 0 O 0 O Ea Ea Ea Ea Ea Ea O O O O O O O O O O O O O Ea Ea Ea Ea Ea Ea O O O O O O O O O O O O O Ea Ea Ea Ea Ea Ea Preliminary Phase Design Phase co co L OQ CD LT) Construction Phase Subtotal Basic Services Additional Services: Warranty Phase 0 & M Manuals O 0 Subtotal Additional Services Basic Services Fees Additional Services Fees Total of Fees Exhibit "B" Page 1 of 1 v+ri�r City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. O. BOX: STREET ADDRESS: FIRM IS: 1. Corporation 4. Association CITY: ZIP: 2. Partnership 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each ` employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant EXHIBIT C Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: (Type or Print) Signature of Certifying Person: Date: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g - "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT C Page 2 of 2 CITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas, hereinafter called "CITY," and Lockwood, Andrews & Newnam, Inc.. hereinafter called "CONSULTANT," agree to the following amendment to the Contract for Professional Services for Construction Inspection Staff Augmentation — David Lopez (Project No. E16247) as authorized and administratively amended by: Original Contract April 26, 2016 Administrative Approval $48,720.00 IN THE ORIGINAL CONTRACT, SECTION 1. SCOPE OF SERVICES, shall be modified as shown in Exhibit "A". IN THE ORIGINAL CONTRACT, SECTION 4. FEES, shall be modified for an additional fee not to exceed $132,240.00 (in figures) One Hundred Thirty Two Thousand Two Hundred Forty Dollars and Zero Cents (in words) for a total restated fee not to exceed $180,960.00 (in figures) One Hundred Eighty Thousand Nine Hundred Sixty Dollars and Zero Cents (in words). All other terms and conditions of the April 26, 2016 contract between the "CITY" and "CONSULTANT" and of any amendments to that contract which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI LOCKWOOD, ANDREWS & NEWNAM, INC J. H. Edmonds, P.E. Director of Engineering Services APPROVED AS TO FORM Legal Department Date APPROVED AS TO FUNDING Office of Mgmt and Budget Date ATTEST City Secretary Scott M. Harris, P.E. Date Regional Manger 500 N. Shoreline Blvd., Suite 905 Corpus Christi, TX 78401 (361) 882-2257 Office smharris@lan-inc.com Construction Inspection Staff Augmentation — David Lopez, E16247 LAN, Amendment No. 1, $132,240.00 Not to Exceed $180,960.00 Fund Name Accounting Unit Account No. Activity No. Account Category Amount StormWater Bd 12 3496-043 550910 E11116013496EXP 50910 $44,080.00 Water Bd 2012 4091-041 550910 E11116014091EXP 50910 $44,080.00 Wastewater Bd 12 4251-042 550910 E11116014251EXP 50910 $44,080.00 Total $132,240.00 Encumbrance No. AMD. NO. 1 Page 2 of 2 June 8, 2016 Mr. Jeff H. Edmonds, P.E. Director of Engineering Services City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 min Veloal Andrews , Inc. A LEO A DALY COMPANY Reference: Amendment 1 to Construction inspection Staff Augmentation (David Lopez) (Project No. E16247) Dear Mr. Edmonds: At your request, Lockwood Andrews & Newnam, Inc. (LAN) is providing you with this proposal for amending the contract between LAN and the City of Corpus Christi for David Lopez, a full-time employee of LAN, to augment existing City of Corpus Christi staff to provide construction inspection services for the City's Construction Services Department. The scope of services, with which he will continue to perform, is in Attachment A. The original contract is Attachment B. David will continue to perform these services at a rate of $87.00/hour for an additional 38 weeks; a total of 52 weeks (1 -year total duration). The estimated total fee for this amendment will be $132,240.00. As Mr. Lopez's current small A/E contract expires on August 10th; this amendment extends his service to the end of April 2017. LAN understands that we will be responsible for providing any and all resources necessary to accomplish the services including personal protective equipment, computers, cell phone, and local transportation. We recognize that the City has now come to rely more heavily on consulting engineers to help deliver the hundreds of millions of dollars of projects to the public; LAN is here to support. We have an available, highly qualified, professional work force at your disposal supported by the best in the business. Should you have any questions or require additional information, please contact me directly at 361-876- 6395. Sincerely, Scott M. arris, P Regional Manager Copy: Chris Hale, P.E. Attachments: A — Scope of Work B — Contract for Construction Inspection / Construction Observation, dated April 28, 2016. 500 N. Shoreline Blvd, Suite 905 • Corpus Christi, Texas 78401 • 361.882.2257 • www.lan-inc.com EXHIBIT A PAGE 1 OF 2 CI Augment David Lopez Amendment 1 June 8, 2016 Page 2 ATTACHMENT A SCOPE OF WORK Construction inspection Staff Augmentation (David Lopez) (El 62471— Construction Inspector will work directly under the supervision of City's Construction Services Department in providing Quality Assurance services and to assist in expediting the contractor's progress by minimizing conflicts and conflict resolution, identifying change order potential, detailing deficient work and repairs and other support related services. Contract Inspector will be required to keep detailed daily inspection reports on provided City forms. Requirements will include producing and organizing the following documentation: • Construction Contractor Progress including installed and completed work, construction crew and equipment available on site, and contract specific conversations held on site concerning construction issues. • Daily and Weekly construction photos including proper labeling/filing of same. • Testing lab results with immediate alerts to City Staff of failures. • Rain days, lost time due to heavy rains, completion of monthly time statements. • Project coordination meetings (conducted by Inspector). • Any site related activity which may impact future / past progress or activity which may significantly impact the construction quality. • Review of all contract documents, Specifications, Plans, Drawings, Addendums and other project -related reports. • Schedule and coordinate the location and frequency of required tests per the specifications with the City's approved materials testing lab. • Work closely with City Department personnel in coordination of construction related activities. • Attend project and coordination meetings. • Review construction contractor Payment Requests, including coordination and acceptance of quantities. • Review and coordinate all approved change orders, field orders and changes. • Communicate with local businesses and residents including meeting with and documenting any citizen or business related concerns or requests. EXHIBIT A PAGE 2 OF 2 Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees 71 M aux c0 7' CD a — rt o - h 03 PROJECT NAME Project No. EXXXXX Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 $0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0% 0 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% $0 $0 $0 $0 $0 $0 $0 0% CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Cityof Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking too 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. COMPANYNAME: Lockwood, Andrews & Newnam, Inc. P. O. BOX: STREET ADDRESS: 500 N. Shoreline Blvd., Suite 905 CITY: Corpus Christi ZIP: 78401 FIRM IS: 1. Corporation 4. Association A 2. Partnership 5. Other B 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION 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: Steven A. Gilbreath, P.E. Title: Associate (Type or Print) Signature of Certifying Person: DEFINITIONS Date: 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. "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." "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. g. CITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas, hereinafter called "CITY," and LNV, Inc. hereinafter called "CONSULTANT," agree to the following amendment to the Contract for Professional Services for Construction Inspection Staff Augmentation — Jose De Leon (Project No. E16247) as authorized and administratively amended by: Original Contract February 29, 2016 Administrative Approval 49,500.00 IN THE ORIGINAL CONTRACT, SECTION 1. SCOPE OF SERVICES, shall be modified as shown in Exhibit "A". IN THE ORIGINAL CONTRACT, SECTION 4. FEES, shall be modified for an additional fee not to exceed $137,700.00 (in figures) One Hundred Thirty Seven Thousand Seven Hundred Dollars and Zero Cents (in words) for a total restated fee not to exceed $187,200.00(in figures) One Hundred Eighty Seven Thousand Two Hundred Dollars and Zero Cents (in words). All other terms and conditions of the February 29, 2016 contract between the "CITY" and "CONSULTANT" and of any amendments to that contract which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI LNV, INC. J. H. Edmonds, P.E. Director of Engineering Services APPROVED AS TO FORM Legal Department Date APPROVED AS TO FUNDING Office of Mgmt and Budget Date ATTEST City Secretary Dan S. Leyendecker, P.E. Date President 801 Navigation, Suite 300 Corpus Christi, TX 78408 (361) 883-1984 Office (361) 883-1986 Fax Construction Inspection Staff Augmentation — Jose De Leon, E16247 LNV, Amendment No. 1, $137,700.00 Not to Exceed $187,200.00 Fund Name Accounting Unit Account No. Activity No. Account Category Amount Wastewater RvBd 4249-042 550910 E15209014249EXP 90910 $137,700.00 Total $137,700.00 Encumbrance No. AMD. NO. 1 Page 2 of 2 LNV SOLUTIONS TODAY WITH engineers I architects I contractors A VISION FOR TOMORROW June 6, 2016 J.H. Edmonds, P.E. Director of Engineering Services City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 RE: Construction Inspection Staff Augmentation Project No. E16247 Contract Amendment No. 1 Dear Mr. Edmonds: Please allow this to serve as our formal proposal to extend Construction Inspection services. This amendment is to our executed contract dated March 1, 2016 for our inspector Jose DeLeon to provide services on this project. This will be at the agreed hourly rate of $90/hr. The total for this Contract Amendment No. 1 is not to exceed $137,700.00. The original Small A/E contract covered approximately 14 -weeks of services based on a 40 -hour workweek. This amendment extends services an additional 38 -weeks to complete a year of services. Based on experience with the original contract we are aware that this is an hourly contract and in some cases more than 40 -hours a week are required. At this time, Mr. DeLeon's workload schedule is such that he can continue to be available immediately upon request. We appreciate the opportunity to provide this Construction Inspection Staff Augmentation Services on this project for the City of Corpus Christi. If you have any questions or need any additional information, please feel free to contact me via phone at 361-883-1984 or email at LoganB@lnvinc.com. Respectfully, Lagan Burton, PE, CFM Principal/Vice President 6/4A, cc: Chris Hale, PE -City of Corpus Christi Engineering Services 801 NAVIGATION I SUITE 300 I CORPUS CHRISTI, TEXAS 78408 OFFICE 361.883.1984 I FAX 361.883.1986 I WWw.LNVINC.COM EXHIBIT A PAGE 1 OF 1 X LUX Z X I- H. O ✓ O Z W Z as O m 5 �>> a E = a Invoice Date: CD t.) CD a E 0 0 w co V c '0 N d 0 O . •5 0 a) c> 0 — c 72) O• • E >> Q E O o 0 N Z Q z E 0 0 Basic Services: \ 0 O \ 0 O \ 0 O \ \ 0 0 O O \ 0 O 0'9 O \ 0 O \ 0 O \ 0 O 0'9 O \ 0 O \ 0 O \ 0 O \ 0 O \ 0 O \ 0 O O O O O I 0 0 0 0 0 0 0 0 O O O O O TBD TBD TBD TBD TBD TBD 0 TBD TBD TBD TBD TBD TBD TBD 0 O I 0 0 0 0 0 0 0 0 Ea Ea Ea Ea Ea Ea O O O O O O O O O O O O O Ea Ea Ea Ea Ea Ea O O O O O O O O O O O O O Ea Ea Ea Ea Ea Ea Ea 0 0 0 0 0 0 0 0 0 0 0 0 0 Ea Ea Ea Ea Ea Ea 0 0 0 0 O 0 0 0 0 0 O 0 O Ea Ea Ea Ea Ea Ea O O O O O O O O O O O O O Ea Ea Ea Ea Ea Ea O O O O O O O O O O O O O Ea Ea Ea Ea Ea Ea Preliminary Phase Design Phase co co L OQ CD LT) Construction Phase Subtotal Basic Services Additional Services: Warranty Phase 0 & M Manuals O 0 Subtotal Additional Services Basic Services Fees Additional Services Fees Total of Fees Exhibit "B" Page 1 of 1 Arw m. City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED 8Y CFI Y 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 definition. COMPANY NAME: LNV, Inc. P. O. BOX: STREET ADDRESS: 801 Navigation, Suite 300 FIRM IS: 1. Corporation 4. Association CITY: Corpus Christi 2 Partnership 5. Other B ZIP: 78408 3. Sole Owner DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title AKA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3°o or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3°'u or more of the ownership in the above named "firm." NameA A Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Dan S. Leyendecker, E. Title: President (Type or Print) Signature of Certifying Person: EFINITIONS Date: 4 /2,M, 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. CITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas, hereinafter called "CITY," and Maverick Engineering, Inc. hereinafter called "CONSULTANT," agree to the following amendment to the Contract for Professional Services for Construction Inspection Staff Augmentation — Joe Sandoval (Project No. E16247) as authorized and administratively amended by: Original Contract February 29, 2016 Administrative Approval 49,500.00 IN THE ORIGINAL CONTRACT, SECTION 1. SCOPE OF SERVICES, shall be modified as shown in Exhibit "A". IN THE ORIGINAL CONTRACT, SECTION 4. FEES, shall be modified for an additional fee not to exceed $295,200.00 (in figures) Two Hundred Ninety Five Thousand Two Hundred Dollars and Zero Cents (in words) for a total restated fee not to exceed $344,700.00 (in figures) Three Hundred Forty Four Thousand Seven Hundred Dollars and Zero Cents (in words). All other terms and conditions of the February 29, 2016 contract between the "CITY" and "CONSULTANT" and of any amendments to that contract which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI MAVERICK ENGINEERING, INC. J. H. Edmonds, P.E. Director of Engineering Services APPROVED AS TO FORM Legal Department Date APPROVED AS TO FUNDING Office of Mgmt and Budget Date ATTEST City Secretary 7,z Michel Michellert'a fon, P. E. Date Infrastructure Group Manager 400 Mann Street, Suite 200 Corpus Christi, TX 784101 (361) 696-3500 Office (361) 696-3599 Fax Construction Inspection Staff Augmentation — Joe Sandoval, E16247 Maverick Engineering, Amendment No. 1, $295,200 Not to Exceed $344,700 Fund Name Accounting Unit Account No. Activity No. Account Category Amount Streets O&M 1041-12415-051 530000 E14021011041EXP 30000 $147,600.00 Streets O&M 1041-12415-051 530000 E15140011041EXP 30000 $147,600.00 Total $295,200.00 Encumbrance No. AMD. NO. 1 Page 2 of 2 MAVERICK ENGINEERING INC. www.raverickengineering.corn June 2, 2016 Mr. Chris Hale, P.E. Project Manager City of Corpus Christi 1201 Leopard Street, 3`a Floor Corpus Christi, TX 78401 Re: RFP 2015-07 Construction Inspection Staff Augmentation Services — Amendment #1 Street Pavement Maintenance Program Dear Mr. Hale: Maverick Engineering, Inc. is pleased to present the following proposal for the Construction Inspection Staff Augmentation Services -Street Pavement Maintenance Program for a total of $295,200 for 82 weeks or 3280 manhours. The rates for the proposed staff members are listed below. Joe Sandoval Construction Inspection $90/hour The rates are for work related to the construction inspection services described in City of Corpus Christi RFQ 2015-07. We look forward to working with the City on the upcoming capital improvements. If you have any questions regarding this proposal, please contact me at (361) 696-3512. Respectfully, Maverick Engineering, Inc. eld/(`Pd-/--/- Michelle Patton, P.E. Infrastructure Group Manager 400 Mann St., Suite 200 Corpus Christi, Texas 78401 361.696-3500 • Fax 361.696-3599 • www.maverickengineering.com EXHIBIT A PAGE 1 OF 1 X LUX Z X I- H. O ✓ O Z W Z as O m 5 �>> a E = a Invoice Date: CD t.) CD a E 0 0 w co V c '0 N d 0 O . •5 0 a) c> 0 — c 72) O• • E >> Q E O o 0 N Z Q z E 0 0 Basic Services: \ 0 O \ 0 O \ 0 O \ \ 0 0 O O \ 0 O 0'9 O \ 0 O \ 0 O \ 0 O 0'9 O \ 0 O \ 0 O \ 0 O \ 0 O \ 0 O \ 0 O O O O O I 0 0 0 0 0 0 0 0 O O O O O TBD TBD TBD TBD TBD TBD 0 TBD TBD TBD TBD TBD TBD TBD 0 O I 0 0 0 0 0 0 0 0 Ea Ea Ea Ea Ea Ea O O O O O O O O O O O O O Ea Ea Ea Ea Ea Ea O O O O O O O O O O O O O Ea Ea Ea Ea Ea Ea Ea 0 0 0 0 0 0 0 0 0 0 0 0 0 Ea Ea Ea Ea Ea Ea 0 0 0 0 O 0 0 0 0 0 O 0 O Ea Ea Ea Ea Ea Ea O O O O O O O O O O O O O Ea Ea Ea Ea Ea Ea O O O O O O O O O O O O O Ea Ea Ea Ea Ea Ea Preliminary Phase Design Phase co co L OQ CD LT) Construction Phase Subtotal Basic Services Additional Services: Warranty Phase 0 & M Manuals O 0 Subtotal Additional Services Basic Services Fees Additional Services Fees Total of Fees Exhibit "B" Page 1 of 1 SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION wv City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. O. BOX: STREET ADDRESS: 400 Ma vier !-(2ITY: drifsam.# ZIP: 7k46) FIRM IS: 1. Corporation111 4. Association 2. Partnership 3. Sole Owner ❑ 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N/A- Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N/A Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant 4//4 EXHIBIT C Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Mid; elk (Type or Print) Signature of Certifying Person: Title: 414 1,4-61eL-._ Date: Z7//,/, 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 C Page 2 of 2 Staff Augmentation Construction Inspection Corpus Chr sti Engineering Council Presentation July 12, 2016 Engineering Services Staffing Contracts Project Management • Planning & design phase focus • Professional engineering contracts (AE) • Negotiated rates based on individual qualifications Construction Management r: Construction oversight services Procured with Request for Proposal (RFP) • Best value procurement 1. L Based on individual resumes and proposed rate Rates include vehicle, computer, telecom resources Background �hrsti Engineering • Engineering Services is experiencing a significant spike in construction activity. • Currently 39 City projects and 14 subdivisions under construction. • Engineering Services has 16 City inspector positions budgeted with 7 vacancies. • That represents 53 projects with 9 FTE inspectors Background Corpus Chr sti Engineering • Engineering anticipated the spike in inspector demands • A request for proposals (RFP) was released in October 2015 • RFP was a "best value" procurement considering individual inspector qualifications and hourly rates • 9 inspectors were selected and began working under small AE agreements earlier this year • The small AE agreements are approaching contract ceilings • The amendments will extend the inspectors' service periods to the conclusion of current assignments Benefits �hrsti Engineering • Contracts allow rapid response to workload changes • Provides experienced inspectors ready to "hit the ground running" • Best value procurement approach results in cost savings Recommendation �hrsti Engineering • Authorize execution of contract amendments for Construction Inspection Staff Augmentation services. Duration Contract Summary �hrsti Engineering Consultant Original Contract Contract Amendment (THIS ITEM) Not to Exceed Amount AGCM AGCM $49,500 $49,500 $227,550 $190,620 $277,050 $240,120 21 months 15 months AGCM LAN LNV Maverick TOTAL $49,400 $49,600 $49,500 $49,600 $48,720 $49,500 $49,500 $151,060 $200,760 $315,425 $196,320 $132,240 $137,700 $295,200 $200,460 $250,360 $364,925 $245,920 $180,960 $187,200 $344,700 $444,820 $1,846,875 $2,291,695 18 months 18 months 21 months 18 months 18 months 12 months 21 months 7 Ed Odom Morgan Farm Area 77 Rancho Chico Del Sol -Lorna Linda ue es P. Taft Doyle I'c.rLI rud Ingleside Tradewinds. I II -.c I'p1., } Christi (280 t• Ingleside on the Bay Staff Augmentation - Construction Inspection (Citywide) Chapman Ranch 0 • VICINITY MAP NOT TO SCALE tikma Falma n- Acr Ar Swr Project Number: E16237 Staff Augmentation - Construction Inspection CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. AGICM Inc. Corpus Christi, TX United States Certificate Number: 2016-69109 Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 06/10/2016 Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E16247 Construction Inspection Staff Augmentation 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. lisgsi.Z1,11'.A., LINDA FAY PANitA .c.- Notary P4 State of Texas rU,.;;,ts April 1 S, 2011 _ ICt AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said Sigfilture of authorized agent of contracting business entity 94 rt this the f 2 ' day of 5, , 20 /6 , to certify which, witness my hand and seal of office. (1" ignature of officer administering oat Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-68273 Date Filed: 06/09/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Lockwood, Andrews & Newnam, Inc. Houston, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E16247 Engineering services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Daly, Leo Washington, DC United States X Daly, Grega Washington, DC United States X Petersen, Dennis Houston, TX United States X Cohen, Arnold Austin, TX United States X Vajdani, Sima Los Angeles, CA United States X 5 Check only if there is NO Interested Party. 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. I 1 ` lW% COURTNEY CASTELLANOS +�° ";,Notary Publlc, State of Texas `sMr ,z.? Comm. Expires 02-25-2020 • "•'or;„? ,0% Notary ID 130554862 �„w,, y 3 nature of authorized agent of contracting business entity AFFIX Swor NOTARY STAMP / SEAL ABOVE lirl to and subscribed before me, by the said PM ()Ir'i'7 , this the day of d u n .. , _zg .. 20 `t` , to certify which, witness my hand and seal of office. ice 1 iii f f ir- ras--feff Kafwel2thfic, Signature of officer a• inistering oath Poole, name of officer adminis ring oath Title of officer admIni: tering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-66631 Date Filed: 06/07/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. LNV, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi, Texas 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E16247 - Constr. Inspection Professional engineering, architectural, and/or surveying services. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Leyendecker, Dan Corpus Christi , TX United States X Naiser, Derek San Antonio, TX United States X Viera, Robert Corpus Christi, TX United States X Trejo, Eric Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, der penalty of perjury, t the above disclosure is true and correct. o�•,► `�''''' TANYA LACHELLE SWAILS 3i4, ••.Notary Public, State of Texas' a.:./� Comm. Expires 03-30-2020 i / l // ��`'`� '/'�of``� Nofary ID 11712738 p��mua�. Signature of authorized gent of cor(tracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sw.• n o and subscribed before me, by the said l(�& ie. i4. 1,4_1(41 , this the 7i't day of( Vn e- 2O4I , to certify which, wit, ss my hand and seal of office. t. J \ 4 f. 40; ././"-) ken g- f1-7 /5 , ' ignature/of, a�� i Bring oath Printed name of officer administering oath Title of officer administering oat rms prbvidey Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 If there are Interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-66499 Date Filed: 06/07/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Maverick Engineering, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E16247 Construction Inspection Staff Augmentation 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary 5 Check only If there Is NO Interested Party. X 6 AFFIDAV AFFIX NOTARY Sworn to 20 J (a T LAM& ,1k SUSAN SNOW -•\ My Commission Expires ,,!; April 28, 2015 I swear, or affirm, under penalty of perjury, that the above disclosure Is true and correct. ' OAP 1 STAMP / SEAL ABOVE and subscribed before me, by the said , to certify which, witness my hand Signature of authorizt._agent f contracting business entity -{ eJ �t , this the / A day of :rid tie, , and seal of office. 6 usamSn0vt) tlo Pu_bitG K r , ,c jJe1( Signature of officer administering oath Printed name of officer administering oath Title of office/administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 CITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas, hereinafter called "CITY," and AGCM, Inc. hereinafter called "CONSULTANT," agree to the following amendment to the Contract for Professional Services for Construction Inspection Staff Augmentation —Albert Mendoza (Project No. E16247) as authorized and administratively amended by: Original Contract February 29, 2016 Administrative Approval $49,500.00 IN THE ORIGINAL CONTRACT, SECTION 1. SCOPE OF SERVICES, shall be modified as shown in Exhibit "A". IN THE ORIGINAL CONTRACT, SECTION 4. FEES, shall be modified for an additional fee not to exceed $227,550.00 (in figures) Two Hundred Twenty Seven Thousand Five Hundred Fifty Dollars and Zero Cents (in words) for a total restated fee not to exceed $277,050.00 (in figures) Two Hundred Seventy Seven Thousand Fifty Dollars and Zero Cents (in words). All other terms and conditions of the February 29, 2016 contract between the "CITY" and "CONSULTANT" and of any amendments to that contract which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI AGCM, INC. J. H. Edmonds, P.E. Director of Engineering Services APPROVED AS TO FORM Legal Department Date APPROVED AS TO FUNDING Office of Mgmt and Budget Date ATTEST City Secretary I � 41Zfil6 V _ Pr :dont /" CT A Na"tl et_ 1101 Ocean Drive �.to. Corpus Christi, TX 78404 (361) 882-0469 Office (361) 884-9358 Fax Construction Inspection Staff Augmentation — Albert Mendoza, E16247 AGCM Engineering, Amendment No. 1 Fund Name Accounting Unit Account No. Activity No. Account Category Amount STORMWATER 3494-043 550910 E12093013494EXP 50910 $56,887.00 STREETS 3549-051 550910 E12093013549EXP 50910 $56,888.00 WATER 4094-041 550910 E12093014094EXP 50910 $56,887.00 WW 4253-042 550910 E12093014253EXP 50910 $56,888.00 Total $227,550.00 Encumbrance No. AMD. NO. 1 Page 2 of 2 AG June 10, 2016 CM INC. City of Corpus Christi Attn. Jeff Edmonds, P.E. Dept. of Engineering Services / Capital Programs P.O. Box 9277 Corpus Christi, TX 78469-9277 CORPUS CHRISTI 1101 Ocean Drive (78404) PO Box 2682 Corpus Christi, TX 78403 Ofc 3611882-0469 Fax 3611884-9358 www.agcm.com SUBJECT: PROPOSED AMENDMENT 1 FOR CONSTRUCTION INSPECTION STAFF AUGMENTATION ALBERT MENDOZA - RFP NO. 2015-07 Dear Jeff: We are excited to have the potential to continue our successful relationship with the City and will continue supporting the City to the standards you are accustomed to. AG1CM proposes to continue provide Albert Mendoza on a full-time basis through December 31, 2017 at the corresponding rates and Not to Exceed (NTE) amounts for Construction Inspection Staff Augmentation according to the terms disclosed in RFP No. 2015-07: Original Contract Amendment 1 $75.00 / HR $75.00 / HR NTE - $49,500 NTE - $227,550 Total NTE - $277,050 Of the Original Contract amount of $49,500, $28,050 has been billed through May 31, 2016 and $21,450 remains. It is our understanding that his time will be exclusive to the E12093 Ocean Dr. project, or as otherwise directed by the City. AG1CM will provide these services to the level of professionalism you have previously experienced with our personnel. Thank you again for this opportunity and we look forward to continuing the success of City of Corpus Christi. Sincerely, N% an ' inne , PE, CCM ice Preside — South Texas Region %1►"11`1C1 Cormin elien Management Aaeciaiim Ed America EXHIBIT A Page 1 of 1 X LUX Z X I- H. O ✓ O Z W Z as O m 5 �>> a E = a Invoice Date: CD t.) CD a E 0 0 w co V c '0 N d 0 O . •5 0 a) c> 0 — c 72) O• • E >> Q E O o 0 N Z Q z E 0 0 Basic Services: \ 0 O \ 0 O \ 0 O \ \ 0 0 O O \ 0 O 0'9 O \ 0 O \ 0 O \ 0 O 0'9 O \ 0 O \ 0 O \ 0 O \ 0 O \ 0 O \ 0 O O O O O I 0 0 0 0 0 0 0 0 O O O O O TBD TBD TBD TBD TBD TBD 0 TBD TBD TBD TBD TBD TBD TBD 0 O I 0 0 0 0 0 0 0 0 Ea Ea Ea Ea Ea Ea O O O O O O O O O O O O O Ea Ea Ea Ea Ea Ea O O O O O O O O O O O O O Ea Ea Ea Ea Ea Ea Ea 0 0 0 0 0 0 0 0 0 0 0 0 0 Ea Ea Ea Ea Ea Ea 0 0 0 0 O 0 0 0 0 0 O 0 O Ea Ea Ea Ea Ea Ea O O O O O O O O O O O O O Ea Ea Ea Ea Ea Ea O O O O O O O O O O O O O Ea Ea Ea Ea Ea Ea Preliminary Phase Design Phase co co L OQ CD LT) Construction Phase Subtotal Basic Services Additional Services: Warranty Phase 0 & M Manuals O 0 Subtotal Additional Services Basic Services Fees Additional Services Fees Total of Fees Exhibit "B" Page 1 of 1 City of Corpus Chnsti SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. O. BOX: STREET ADDRESS: FIRM IS: z ,z //QI Data K 7Dr- 1. Corporation 4. Association CITY: Partnership Other 3. Sole Owner ZIP: 71Ff/Vg 111 DISCLOSURE gUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) /Slone 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 Nene 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee Norte 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 None EXHIBIT C Page I of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi. Texas as changes occur. Certifying Person: -PC; A et /e - Sow T}pe or Pond Signature of Certifying Person: Title: ./444{4, Date: 6/zi ft'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. h. "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 C Page 2 of 2 CITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas, hereinafter called "CITY," and AGCM, Inc. hereinafter called "CONSULTANT," agree to the following amendment to the Contract for Professional Services for Construction Inspection Staff Augmentation — Dan Parker (Project No. E16247) as authorized and administratively amended by: Original Contract March 25, 2016 Administrative Approval $49,500.00 IN THE ORIGINAL CONTRACT, SECTION 1. SCOPE OF SERVICES, shall be modified as shown in Exhibit "A". IN THE ORIGINAL CONTRACT, SECTION 4. FEES, shall be modified for an additional fee not to exceed $190,620.00 (in figures) One Hundred Ninety Thousand Six Hundred Twenty Dollars and Zero Cents (in words) for a total restated fee not to exceed $240,120.00 (in figures) Two Hundred Forty Thousand One Hundred Dollars and Zero Cents (in words). All other terms and conditions of the March 25, 2016 contract between the "CITY" and "CONSULTANT" and of any amendments to that contract which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI AGCM, INC. J. H. Edmonds, P.E. Director of Engineering Services APPROVED AS TO FORM Legal Department Date APPROVED AS TO FUNDING Office of Mgmt and Budget Date ATTEST City Secretary Nathan Swinney, CPE Vice President 1101 Ocean Drive Corpus Christi, TX 78404 (361) 882-0469 Office (361) 884-9358 Fax Date Construction Inspection Staff Augmentation — Dan Parker, E16247 AGCM Engineering, Amendment No. 1 Fund Name Accounting Unit Account No. Activity No. Account Category Amount 2016 Facility CIP 3164-191 550910 E14062013164EXP 50910 $190,920.00 Total $190,620.00 Encumbrance No. AMD. NO. 1 Page 2 of 2 AG June 10, 2016 CM INC. City of Corpus Christi Attn. Jeff Edmonds, P.E. Dept. of Engineering Services / Capital Programs P.O. Box 9277 Corpus Christi, TX 78469-9277 CORPUS CHRISTI 1101 Ocean Drive (78404) PO Box 2682 Corpus Christi, TX 78403 Ofc 3611882-0469 Fax 3611884-9358 www.agcm.com SUBJECT: PROPOSED AMENDMENT 1 FOR CONSTRUCTION INSPECTION STAFF AUGMENTATION DAN PARKER - RFP NO. 2015-07 Dear Jeff: We are excited to have the potential to continue our successful relationship with the City and will continue supporting the City to the standards you are accustomed to. AG1CM proposes to continue provide Dan Parker on a full-time basis through August 30, 2017 at the corresponding rates and Not to Exceed (NTE) amounts for Construction Inspection Staff Augmentation according to the terms disclosed in RFP No. 2015-07: Original Contract Amendment 1 $90 / HR $90 / HR NTE - $49,500 NTE - $190,620 Total NTE - $240,120 Of the Original Contract amount $49,500, $2,520 has been billed through May 31, 2016 and $46,980 remains. It is our understanding that his time will be divided between projects as directed by the City. AG1CM will provide these services to the level of professionalism you have previously experienced with our personnel. Thank you again for this opportunity and we look forward to continuing the success of City of Corpus Christi. Sincerely, N% an ' inne , PE, CCM ice Preside — South Texas Region %1►"11`1C1 Cormin elien Management Aaeciaiim Ed America Exhibit A Page 1 of 1 X LUX Z X I- H. O ✓ O Z W Z as O m 5 �>> a E = a Invoice Date: CD t.) CD a E 0 0 w co V c '0 N d 0 O . •5 0 a) c> 0 — c 72) O• • E >> Q E O o 0 N Z Q z E 0 0 Basic Services: \ 0 O \ 0 O \ 0 O \ \ 0 0 O O \ 0 O 0'9 O \ 0 O \ 0 O \ 0 O 0'9 O \ 0 O \ 0 O \ 0 O \ 0 O \ 0 O \ 0 O O O O O I 0 0 0 0 0 0 0 0 O O O O O TBD TBD TBD TBD TBD TBD 0 TBD TBD TBD TBD TBD TBD TBD 0 O I 0 0 0 0 0 0 0 0 Ea Ea Ea Ea Ea Ea O O O O O O O O O O O O O Ea Ea Ea Ea Ea Ea O O O O O O O O O O O O O Ea Ea Ea Ea Ea Ea Ea 0 0 0 0 0 0 0 0 0 0 0 0 0 Ea Ea Ea Ea Ea Ea 0 0 0 0 O 0 0 0 0 0 O 0 O Ea Ea Ea Ea Ea Ea O O O O O O O O O O O O O Ea Ea Ea Ea Ea Ea O O O O O O O O O O O O O Ea Ea Ea Ea Ea Ea Preliminary Phase Design Phase co co L OQ CD LT) Construction Phase Subtotal Basic Services Additional Services: Warranty Phase 0 & M Manuals O 0 Subtotal Additional Services Basic Services Fees Additional Services Fees Total of Fees Exhibit "B" Page 1 of 1 v+ri�r City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. O. BOX: STREET ADDRESS: FIRM IS: 1. Corporation 4. Association CITY: ZIP: 2. Partnership 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each ` employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant EXHIBIT C Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: (Type or Print) Signature of Certifying Person: Date: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g - "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT C Page 2 of 2 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 12, 2016 Action Item for the City Council Meeting of July 19, 2016 DATE: June 30, 2016 TO: Margie Rose, Interim City Manager FROM: Belinda Mercado, Director of IT BelindaM@cctexas.com (361) 826-3740 Approving the purchase of Cisco SmartNet maintenance for the City's Network Infrastructure and Internet Equipment CAPTION: Motion authorizing the City Manager or designee to approve the purchase of three years Cisco SmartNet maintenance with Great South Texas Corp dba Computer Solutions of San Antonio, Texas, DIR-TSO-2542, for a total expenditure of $485,731.11. Funds are available in the Information Technology Department FY2015-2016 budget. PURPOSE: To provide continued support and maintenance for our existing network infrastructure and internet equipment. BACKGROUND AND FINDINGS: Hardware and software support is required to maintain updates for network equipment that includes security, software and hardware updates, and support services for critical network infrastructure. The Cisco SmartNet purchase will ensure that the City of Corpus Christi has support for the core network equipment located at City Hall, Police Department, Fleet Services, Holly Pump Station, Flour Bluff water tower, Frost Building Emergency Operation Center, and the O.N. Stevens Water Plant. Only critical equipment has been identified for maintenance that requires 24x7 support. This agreement will also provide direct access to networking engineers and specialized experts. Aging equipment can be a source of unexpected outages and support is crucial to maximizing service availability. A network maintenance agreement will ensure that the City of Corpus Christi has the required support. Cisco has provided valuable service for to the City of Corpus Christi for over 20 years. ALTERNATIVES: Provision for no maintenance on network and Internet hardware with a high risk of service interruption and high replacement costs when failures occur. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed purchase conforms with City purchasing policies and procedures. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Information Technology Department Office of Management and Budget Finance Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- Project to Date Expenditure Current Future TOTALS Line Item Budget $485,731. $485,73 Encumbere d/ $0.00 $0.00 This item $485,731. $485,73 BALANCE $ $ Fund(s):5210 Comments: Funds are available in the Information Technology Department FY2015-2016 budget. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Computer Solutions Smartnet DIR Quote DIR Contract nornpuber solutions ic BUSINESS- TECHNOLOGY, INNOVATION Customer City of Corpus Christi (16975) Trevino, David 1201 Leopard Street Corpus Christi, TX 78401 United States (P) 361-826-4091 (F) 361-826-4551 Great South Texas Corp dba Computer Solutions 814 Arion Parkway, Suite 101 San Antonio, Texas 78216 United States http://www.comsoltx.com (P) (210) 369-0300 (F) 210-369-0389 Bill To City of Corpus Christi Accounts, Payables 1201 Leopard Street Corpus Christi, TX 78401 United States (P) 361-826-4091 (F) 361-826-4551 Quote (Open) Date Jun 21, 2016 07:25 AM CDT Doc # 61081 - rev l of l Expiration Date 2016-07-21 Description v2-CoCC Smartnet 10/31/18 CoTerm SalesRep Jones, David (P) 210-369-0318 (F) 210-369-0389 Customer Contact Trevino, David (P) 361-826-3754 dtrevino@cctexas.com 1 Ship To City of Corpus Christi MIS, Data Center 1201 Leopard Street, City Hall Basement Corpus Christi, TX 78401 United States DIR Program: DIR-TSO-2542 Expires 05/05/2017 Certifications: WBE/SBE/HUB# 1942650013800 Exp:05/13/2018 Sales Order Type: Drop Ship Customer PO: Terms: Net 30 Days Special Instructions: Ship Via: FedEx Ground Carrier Account #: # Image Description Part # 'ce Qty Unit Price Total Reference Doc: v2-CoCC-SmartnetRnwl-3YR (2.16.16) 1 Quote #: 10204986 IBil WiFi/ASA/Router/Camera/UCS/Nexus/Switching 2 Quote #: 10205578 ® Nexus 5/2K's 3 Quote #: 10205005 E il VMware Licensing 4 Quote #: 10205472 E il CCX & Prime Lic'ing 5 Quote #: 11217038 Unified Comm UWL Lic'ing 6 Quote #: 10205483 UCS Servers 7 Quote #: 10205495 ® Video Surv. Licesning 8 Quote #: 10205065 Video Surv. Hardware Smartnet Renewal Smartnet Renewal Smartnet Renewal Smartnet Renewal Smartnet Renewal Smartnet Renewal Smartnet Renewal Smartnet Renewal $243,757.55 1 $188,731.82 $188,731.82 $12,618.00 1 $9,487.66 $9,487.66 $12,600.00 1 $9,474.13 $9,474.13 $76,612.63 1 $59,464.27 $59,464.27 $222,300.00 1 $171,549.37 $171,549.37 $5,154.08 1 $4,067.27 $4,067.27 $18,606.00 1 $13,990.13 $13,990.13 $11,497.47 1 $8,924.00 $8,924.00 # Image Description 9 Quote #: 10205547 ® VMware Licensing 10 Quote #: 10285046 Video Surv. Licensing Smartnet Renewal Smartnet Renewal List Price Qty Unit Price Total $10,000 in Cisco Learning Credits, $0 Cost to City of CC 11 Cisco Learning Credits TRN-CLC-055 $1,000 Credits Per Unit in Qty 10 (Total of $10,000 in Credits) Cisco DIR-TSO-2542 TX DIR Contract Expiration: 5/5/2018 Vendor ID: 1942650013800 (Great South Texas Corp dba Computer Solutions) Computer Solutions Co. Certifications: HUB (Historically Underutilized Business) Certification #1942650013800 Expires 05/13/2018 WBE (Women Business Enterprise) - Expires 7/31/2016 SBE (Small Business Enterprise) Certification #211089371 - Expires 8/31/2017 Thank you for the opportunity to provide this quote. This quote is valid for 30 days. Freight charges are estimates only. Returns are subject to approval and may include a restocking fee. $1,976.88 1 $1,534.39 $1,534.39 $23,845.35 1 $18,508.07 $18,508.07 $1,000.00 10 Subtotal $485,731.11 $0.00 Subtotal: Tax (0.000%): Shipping: Total: (List Price: $0.00 Subtotal $0.00 $485,731.11 $0.00 $0.00 $485,731.11 $638, 967.96) DIR Contract No. DIR-TSO-2542 Vendor Contract No. STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES CONTRACT FOR PRODUCTS AND RELATED SERVICES CISCO SYSTEMS, INC. 1. Introduction A. Parties This Contract for Products and Related Services ("Contract") is entered into between the State of Texas ("State"), acting by and through the Department of Information Resources ("DIR") with its principal place of business at 300 West 15th Street, Suite 1300, Austin, Texas 78701, and Cisco Systems, Inc. ("Vendor"), with its principal place of business at 170 West Tasman Drive, San Jose, California 95134. B. Compliance with Procurement Laws This Contract is the result of compliance with applicable procurement laws of the State. DIR issued a solicitation on the Comptroller of Public Accounts' Electronic State Business Daily, Request for Offer (RFO) DIR-TSO-TMP-215, on December 6, 2013, for Cisco Branded Equipment and Related Services. Upon execution of this Contract, a notice of award for RFO DIR-TSO-TMP-215 shall be posted by DIR on the Electronic State Business Daily. C. Order of Precedence This Contract; Appendix A, Standard Terms and Conditions For Products and Related Services Contracts; Appendix B, Vendor's Historically Underutilized Businesses Subcontracting Plan; Appendix C, Pricing Index; Appendix D, End User License Agreement; Appendix E, Service Agreement; Appendix F, Non -Entitlement Destroyed Products, Appendix F1, Non -Entitlement Scrapped Products; Appendix F2, Non - Entitlement Stolen Products; Appendix F3, Non -Entitlement Non -Genuine Products; Appendix F4, Non -Entitlement Secondary Market Products; Exhibit 1, Vendor's Response to RFO DIR-TSO-TMP-215, including all addenda; and Exhibit 2, RFO DIR- TSO-TMP-215, including all addenda; are incorporated by reference and constitute the entire agreement between DIR and Vendor. In the event of a conflict between the documents listed in this paragraph, the controlling document shall be this Contract, then Appendix A, then Appendix B, then Appendix C, then Appendix D, then Appendix E, then Appendix F, then Appendix F1, then Appendix F2, then Appendix F3, then Appendix F4, then Exhibit 1, and finally Exhibit 2. In the event and to the extent any provisions contained in multiple documents address the same or substantially the same subject matter but do not actually conflict, the more recent provisions shall be deemed to have superseded earlier provisions. 2. Term of Contract The term of this Contract shall be one (1) year commencing on the last date of approval 10/30/13 Page 1 of 16 DIR Contract No. DIR-TSO-2542 Vendor Contract No. by DIR and Vendor. Prior to expiration of the original term, DIR may extend the Contract, by amendment for up to three (3) optional one-year terms. Protracted contract negotiations may, in DIR' s sole discretion, result in fewer optional renewal terms. 3. Product and Service Offerings A. Products Products available under this Contract are limited to Cisco Branded products as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their product offering; however, any changes must be within the scope of the RFO and products awarded based on the posting described in Section 1.B above. Vendor may not add a manufacturer's product line which was not included in the Vendor's response to the solicitation described in Section 1.B above. B. Services Services available under this Contract are limited to Cisco Branded services as specified in the RFO and Appendix C, Pricing Index. Vendor may incorporate changes to their service offering; however, any changes must be within the scope of services awarded based on the posting described in Section 1.B above. C. Emerging Technologies and Future Acquisitions DIR recognizes that technology is ever -evolving and advancing. DIR reserves the right to consider the addition of emerging technology such as next generation, enhancements and upgrades for products or services that are within the scope of data communications and networking equipment and related services. Vendor may propose such products or services throughout the term of the contract. Pricing and terms will be negotiated upon DIR acceptance. Any determination will be at DIR's sole discretion and any decision will be final. In addition, Texas DIR and Vendor may mutually agree to add future acquisitions of Cisco to the contract. Subsequent terms of the acquisition(s) and pricing will be mutually agreed upon in writing and amended under the contract. 4. Pricing Pricing to the DIR Customer shall be as set forth in Appendix A, Section 8, Pricing, Purchase Orders, Invoices and Payment, and as set forth in Appendix C, Pricing Index, and shall include the DIR Administrative Fee. 5. DIR Administrative Fee A) The administrative fee to be paid by the Vendor to DIR based on the Net Purchase Price (as later defined in this Section) to Customers pursuant to this Contract is three quarters of one percent (.75%). For example, the administrative fee for sales totaling $100,000 shall be $750.00. "Net Purchase Price" = Vendor's product list price, minus all applicable contract discounts, rebates or value added incentives and excluding sales, use or other applicable taxes, surcharges or like fees, to the extent applicable to an order. 10/30/13 Page 2 of 16 DIR Contract No. DIR-TSO-2542 Vendor Contract No. B) All prices quoted to Customers shall include the administrative fee. DIR reserves the right to change this fee upwards or downwards during the term of this Contract, upon thirty (30) days advance written notice to Vendor without further requirement for a formal contract amendment. Any change in the administrative fee shall be incorporated by Vendor in the price to the Customer. 6. Notification All notices under this Contract shall be sent to a party at the respective address indicated below. If sent to the State: Dana L. Collins, CTPM, CTCM Manager, Contract and Vendor Management Department of Information Resources 300 W. 15th St., Suite 1300 Austin, Texas 78701 Phone: (512) 936-2233 Facsimile: (512) 475-4759 Email: dana.collins@dir.texas.gov If sent to the Vendor: Mimi Farr Cisco Systems, Inc. 2375 E. Camelback Road, 4th Floor Phoenix, AZ 85016 Phone: 408-527-2627 Email: mimnguye@cisco.com 7. Software License and Service Agreements A. End User License Agreement 1) Customers acquiring software licenses under the Contract shall hold, use and operate such software subject to compliance with the End User License Agreement set forth in Appendix D of this Contract. No changes to the End User License Agreement terms and conditions may be made unless previously agreed to between Vendor and DIR. Customers may not add, delete or alter any of the language in Appendix D. Vendor and Order Fulfiller shall make the End User License Agreement terms and conditions available to all Customers at all times. 2) Compliance with the End User License Agreement is the responsibility of the Customer. DIR shall not be responsible for any Customer' s compliance with the End User License Agreement. If DIR purchases software licenses for its own use under this Contract, it shall be responsible for its compliance with the End User License Agreement terms and conditions. 10/30/13 Page 3 of 16 DIR Contract No. DIR-TSO-2542 Vendor Contract No. B. Shrink/Click-wrap License Agreement Regardless of any other provision or other license terms which may be issued by Vendor after the effective date of this Contract, and irrespective of whether any such provisions have been proposed prior to or after the issuance of a Purchase Order for products licensed under this Contract, or the fact that such other agreement may be affixed to or accompany software upon delivery (shrink-wrap), the terms and conditions set forth in this Contract shall supersede and govern the license terms between Customers and Vendor. It is the Customer's responsibility to read the Shrink/Click-wrap License Agreement and determine if the Customer accepts the license terms as amended by this Contract. If the Customer does not agree with the license terms, Customer shall be responsible for negotiating with the reseller to obtain additional changes in the Shrink/Click-wrap License Agreement language from the software publisher. C. Service Agreement Services provided under this Contract shall be in accordance with the Service Agreement as set forth in Appendix E of this Contract. No changes to the Service Agreement terms and conditions may be made unless previously agreed to by Vendor and DIR. D. Conflicting or Additional Terms In the event that conflicting or additional terms in Vendor Software License Agreements, Shrink/Click Wrap License Agreements, Service Agreements or linked or supplemental documents amend or diminish the rights of DIR Customers or the State, such conflicting or additional terms shall not take precedence over the terms of this Contract. 8. Authorized Exceptions to Contract or any Appendices. A. Section 3. Definitions, G. Purchase Order is hereby replaced in its entirety as follows: Purchase Order - the Customer's fiscal form or format, which is used when making a purchase (e.g., formal written Purchase Order, Procurement Card, Electronic Purchase Order, or other authorized instrument). The terms of this agreement supercedes any terms printed on Customer's Purchase Order and any Purchase Order terms are null and void. B. Section 4. General Provisions, D. Assignment is hereby replaced in its entirety as follows: DIR or Vendor may assign the Contract without prior written approval to: i) a successor in interest (for DIR, another Texas state agency as designated by the Texas Legislature), or ii) a subsidiary, parent company or affiliate, or iii) as necessary to satisfy a regulatory requirement imposed upon a party by a governing body with the appropriate authority. Assignment of the Contract under the above terms shall require 10/30/13 Page 4 of 16 DIR Contract No. DIR-TSO-2542 Vendor Contract No. written notification by the assigning party. Any other assignment by a party shall require the written consent of the other party. Each party agrees to cooperate to amend the Contract as necessary to maintain an accurate record of the contracting parties. C. Section 5. Intellectual Property Matters is hereby replaced in its entirety as follows: This contract does not contemplate, authorize or support acquisition of custom software products or services. If Vendor and Customer seek to contract for such product or service, they must use a separate contract or seek amendment with DIR of this contract. If DIR and Vendor decide to authorize customized software or hardware products; then the intellectual property language will be negotiated and applied. D. Section 7. Contract Fulfillment and Promotion, A. Service, Sales and Support of the Contract is hereby replaced in its entirety as follows: Vendor shall provide service, sales and support resources to serve all Customers throughout the State. It is the responsibility of the Vendor to sell, market, and promote services available under the Contract. Vendor shall use its commercially reasonable efforts to ensure that potential Customers are made aware of the existence of the Contract. All sales to Customers for services available under the Contract shall be processed through the Contract. E. Section 7. Contract Fulfillment and Promotion, E. Internet Access to Contract and Pricing Information is hereby replaced in its entirety as follows: 1) Vendor Website Within thirty days of the effective date of the Contract, Vendor will establish and maintain a website specific to the product and service offerings under the Contract which is clearly distinguishable from other, non-DIR Contract offerings at Vendor's website. The website must include: the product and services categories offered, product and service specifications (if applicable), Contract pricing, designated Order Fulfillers, contact information for Vendor and designated Order Fulfillers, instructions for obtaining quotes and placing Purchase Orders, and warranty and return policies. The Vendor' s website shall list the DIR Contract number, reference the DIR Information and Communications Technology (ICT) Cooperative Contracts program, display the DIR logo in accordance with the requirements in paragraph F of this Section, and contain a link to the DIR website for the Contract. 2) Accurate and Timely Contract Information Vendor warrants and represents that the website information specified in the above paragraph will be accurately and completely posted, maintained and displayed in an objective and timely manner Vendor, at its own expense, shall correct any non- conforming or inaccurate information posted at Vendor's website within thirty (30) business days after written notification by DIR. 10/30/13 Page 5 of 16 DIR Contract No. DIR-TSO-2542 Vendor Contract No. 3) Website Compliance Checks Periodic compliance checks of the information posted for the Contract on Vendor' s website will be conducted by DIR. Upon request by DIR, Vendor shall provide verifiable documentation that pricing listed upon this website is uniform with the pricing as stated in Section 4 of the Contract. 4) Website Changes Vendor hereby consents to a link from the DIR website to Vendor's website in order to facilitate access to Contract information. The establishment of the link is provided solely for convenience in carrying out the business operations of the State. DIR reserves the right to terminate or remove a link at any time, in its sole discretion, without advance notice, or to deny a future request for a link. DIR will provide Vendor with subsequent notice of link termination or removal. Vendor shall provide DIR with timely written notice of any change in URL or other information needed to access the site and/or maintain the link. 5) Use of Access Data Prohibited If Vendor stores, collects or maintains data electronically as a condition of accessing Contract information, such data shall only be used internally by Vendor for the purpose of implementing or marketing the Contract, and shall not be disseminated to third parties or used for other marketing purposes. The Contract constitutes a public document under the laws of the State and Vendor shall not restrict DIR or Customer access to Contract terms and conditions including pricing, i.e., through use of restrictive technology or passwords. 6) Responsibility for Content Vendor is solely responsible for administration, content, intellectual property rights, and all materials at Vendor's website. DIR reserves the right to require a change of listed content if, in the opinion of DIR, it does not adequately represent the Contract. F. Section 7. Contract Fulfillment and Promotion, G. Vendor and Order Fulfiller Logo is hereby replaced in its entirety as follows: In the event DIR should need use of Vendor Logo, written mutually agreed upon criteria will be coordinated with Vendor. G. Section 8. Purchase Orders, Invoices, Payments, C. Customer Price, is hereby replaced in its entirety: 1) The price to the Customer shall be calculated as follows: Customer Price = MSRP — Customer Discount 2) Customers purchasing products and services under this Contract may negotiate more advantageous pricing or participate in special promotional offers. In such event, a copy of such better offerings shall be furnished to DIR upon request. 3) If pricing for Vendor' s products or services available under this Contract are 10/30/13 Page 6 of 16 DIR Contract No. DIR-TSO-2542 Vendor Contract No. provided at a lower price to: (i) an eligible Customer in Texas who is not purchasing those products or services under this Contract or (ii) any other Texas entity or consortia authorized by Texas law to sell said products and services to eligible Customers, then the available Customer Price in this Contract shall be adjusted to that lower price prospectively. This requirement applies to products or services quoted directly by Cisco Systems, Inc. for a quantity of one (1) under like terms and conditions, and does not apply to volume or special pricing purchases. Upon either Customer' s notice to Vendor, or Vendor' s notice to Customer that the party(ies) have become aware of this pricing differential and the pricing differential has been confirmed by Vendor or Customer provides reasonable confirmation to Vendor, this Contract shall be amended within ten (10) business days to reflect the lower price. H. Section 8. Purchase Orders, Invoices, Payments, H. Changes to Prices, is hereby replaced in its entirety: Vendor may change the price of any product or service at any time, based upon changes to the MSRP, but discount levels shall remain consistent with the discount levels specified in this Contract. Price decreases shall take effect once 1) Vendor notifies DIR of any pricing changes and 2) the pricelist has been updated / posted on the DIR webpage. I. Section 8. Purchase Orders, Invoices, Payments, L. Transfer of Title is hereby added to this section as follows: Transfer of Title shall occur upon acceptance of goods. Customer shall have five (5) business days after delivery to accept product. Absent written rejection within the five (5) business days, product will be deemed accepted without waiving the right to return product as set forth under Vendor warranty provisions. J. Section 9. Contract Administration, B. Reporting and Administrative Fees is hereby replaced in its entirety: 1) Reporting Responsibility a) Vendor shall be responsible for reporting all products and services purchased through Order Fulfillers under the Contract. Vendor shall file the monthly reports, subcontract reports, and pay the administrative fees in accordance with the due dates specified in this section. b) DIR shall have the right to verify required reports and to take any actions necessary to enforce its rights under this section, including but not limited to, compliance checks of Vendor's applicable Contract books at DIR's expense. 2) Detailed Monthly Report Vendor shall electronically provide DIR with a detailed monthly report in the format required by DIR showing the dollar volume of any and all Net Purchase Price for invoices billed under the Contract for the previous month period. Reports shall be submitted to the DIR ICT Cooperative Contracts E -Mail Box at 10/30/13 Page 7 of 16 DIR Contract No. DIR-TSO-2542 Vendor Contract No. ict.sales@dir.texas.gov. Reports are due on the fifteenth (15th) calendar day after the close of the previous month period. It is the responsibility of Vendor to collect and compile all sales under the Contract from participating Order Fulfillers and submit one (1) monthly report. The monthly report shall include, per transaction: the detailed sales for the period, the Order Fulfiller's company name, if applicable, Customer name, invoice date, invoice number, description, part number, manufacturer, quantity, unit price, extended price, Customer Purchase Order number, contact name, Customer's complete billing address, and other information as required by DIR. Each report must contain all information listed above per transaction or the report will be rejected and returned to the Vendor for correction in accordance with this section. 3) Historically Underutilized Businesses Subcontract Reports a) If Historically Underutilized Businesses are used by Vendor, Vendor shall electronically provide each Customer with their relevant Historically Underutilized Business Subcontracting Report, pursuant to the Contract, as required by Chapter 2161, Texas Government Code. Reports shall also be submitted to DIR. b) Reports shall be due in accordance with the CPA rules. 4) DIR Administrative Fee a) An administrative fee shall be paid by Vendor to DIR to defray the DIR costs of negotiating, executing, and administering the Contract. The maximum administrative fee is set by the Texas Legislature in the biennial General Appropriations Act. Payment of the administrative fee shall be due on the fifteenth (15th) calendar day after the close of the previous month period. DIR may change the amount of the administrative fee upon thirty (30) days written notice to Vendor without the need for a formal contract amendment. b) Vendor shall reference the DIR Contract number on any remittance instruments. 5) Accurate and Timely Submission of Reports a) The reports and administrative fees shall be accurate and timely and submitted in accordance with the due dates specified in this section. Vendor shall correct any inaccurate reports or administrative fee payments within three (3) business days upon written notification by DIR. Vendor shall deliver any late reports or late administrative fee payments within ten (10) business days upon written notification by DIR. If Vendor is unable to correct inaccurate reports or administrative fee payments or deliver late reports and fee payments within three (3) business days, Vendor must contact DIR and provide a corrective plan of action, including the timeline for completion of correction. The corrective plan of action shall be subject to DIR approval, such approval not unreasonably withheld. b) Should Vendor fail to correct inaccurate reports or cure the delay in timely delivery of reports and payments within the corrective plan of action timeline, DIR reserves the right to require an independent third party audit of the Vendor's records as specified in C.3 of this Section, at DIR's expense. 10/30/13 Page 8 of 16 DIR Contract No. DIR-TSO-2542 Vendor Contract No. c) Failure to timely submit three (3) reports within any rolling twelve (12) month period may, at DIR's discretion, result in termination of Vendor's Contract. K. Section 9. Contract Administration, C. Records and Audit, paragraph 3) is hereby amended as follows: Vendor and/or Order Fulfillers shall grant access to all paper and electronic records, books, documents, accounting procedures, practices and any other items relevant to the performance of the Contract to the DIR Internal Audit department or DIR Contract Management staff, including the compliance checks designated by the DIR Internal Audit department, DIR Contract Management staff, the State Auditor's Office, and of the United States, and such other persons or entities designated by DIR for the purposes of inspecting, Compliance Checking and/or copying such books and records. Vendor and/or Order Fulfillers shall provide copies and printouts requested by DIR without charge. DIR shall provide Vendor and/or Order Fulfillers thirty (30) business days' notice prior to inspecting, Compliance Checking, and/or copying Vendor's and/or Order Fulfiller's records. Vendor's and/or Order Fulfillers records, whether paper or electronic, shall be made available during regular office hours. Vendor and/or Order Fulfiller personnel familiar with the Vendor's and/or Order Fulfiller's books and records shall be available to the DIR Internal Audit department, or DIR Contract Management staff and designees as needed. Vendor and/or Order Fulfiller shall provide adequate office space to DIR staff during the performance of Compliance Check. If Vendor is found to be responsible for inaccurate reports, DIR may invoice for the reasonable costs of the audit, which Vendor must pay within thirty (30) days of receipt. L. Section 10. Vendor Responsibilities, A. Indemnification, 2) Acts or Omissions is hereby replaced in its entirety as follows: Vendor shall indemnify and hold harmless the State of Texas and Customers, AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, AND/OR PERMITTED ASSIGNEES, FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED REASONABLE COSTS, ATTORNEY FEES, AND EXPENSES resulting from bodily injury (including death) or damage to tangible property to the extent directly arising out of, or resulting from any negligent acts or omissions, or willful misconduct of the Vendor or its agents, employees, or subcontractors, in the execution or performance of the Contract and any Purchase Orders issued under the Contract. THE DEFENSE SHALL BE COORDINATED BY THE OFFICE OF THE ATTORNEY GENERAL FOR TEXAS STATE AGENCY CUSTOMERS AND BY CUSTOMER' S LEGAL COUNSEL FOR NON -STATE AGENCY CUSTOMERS. 10/30/13 Page 9 of 16 DIR Contract No. DIR-TSO-2542 Vendor Contract No. M. Section 10. Vendor Responsibilities, A. Indemnification, 3) Infringements is hereby replaced in its entirety as follows: a) Vendor shall indemnify and hold harmless the State of Texas and Customers, AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES, from any and all third party claims for infringement of United States patents, copyrights, trade and service marks, and any other intellectual or intangible property rights in connection with the PERFORMANCES OR ACTIONS OF VENDOR PURSUANT TO THIS CONTRACT. VENDOR AND THE CUSTOMER AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. VENDOR SHALL BE LIABLE TO PAY ALL REASONABLE COSTS OF DEFENSE INCLUDING ATTORNEYS' FEES FOR STATE AGENCY CUSTOMERS. THE DEFENSE SHALL BE COORDINATED BY THE OFFICE OF THE ATTORNEY GENERAL FOR TEXAS STATE AGENCY CUSTOMERS AND BY CUSTOMER'S LEGAL COUNSEL FOR NON -STATE AGENCY CUSTOMERS. Notwithstanding the foregoing, such indemnity shall not apply, and Vendor shall have no liability, for any claim of infringement caused solely by: a) Modification of a product by Customer or a third party b) The amount or duration of use which Customer makes of the Product, revenue earned by Customer from services it provides that use the Product, or services offered by Customer to external or internal customers c) Combination, operation, or use of a product with non -Cisco products, software or business processes d) Customer's use of the products after Vendor informs Customer of modifications or a change required to avoid such claims and offers to implement those changes e) any modifications made to the Product by the Vendor pursuant to Customer's specific instructions. b) If Vendor becomes aware of an actual or potential claim, or Customer provides Vendor with notice of an actual or potential claim, Vendor may (or in the case of an injunction against Customer, shall), at Vendor's sole option and expense: (i) procure for the Customer the right to continue to use the affected portion of the product or service, (ii) modify or replace the affected portion of the product or service with functionally equivalent or superior product or service so that Customer' s use is non -infringing. 10/30/13 Page 10 of 16 DIR Contract No. DIR-TSO-2542 Vendor Contract No. N. Section 10. Vendor Responsibilities, B. Taxes/Worker's Compensation/ UNEMPLOYMENT INSURANCE, Paragraph 2) is hereby replaced in its entirety as follows: VENDOR AGREES TO INDEMNIFY AND HOLD HARMLESS CUSTOMERS, THE STATE OF TEXAS AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, AND/OR ASSIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, REASONABLE ATTORNEYS' FEES, AND EXPENSES, RELATING TO TAX LIABILITY, UNEMPLOYMENT INSURANCE AND/OR WORKERS' COMPENSATION IN ITS PERFORMANCE UNDER THIS CONTRACT. VENDOR SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE INCLUDING REASONABLE ATTORNEYS' FEES. THE DEFENSE SHALL BE COORDINATED BY VENDOR WITH THE OFFICE OF THE ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND VENDOR MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE ATTORNEY GENERAL. VENDOR AND THE CUSTOMER AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. O. Section 10 Vendor Responsibilities, C. Vendor Certifications, (vii) is hereby replaced in its entirety as follows and add (xvi): (vii) Vendor and its principals are not suspended or debarred from doing business with the federal government as listed in the System for Award Management (SAM) maintained by the General Services Administration; (xvi) represent and warrant that the Customer's payment and their receipt of appropriated or other funds under this Agreement are not prohibited by Sections 556.005 or Section 556.008, Texas Government Code. P. Section 10. Vendor Responsibilities, H. Confidentiality is hereby replaced in its entirety as follows: 1) Vendor acknowledges that DIR and Customers that are state agencies are government agencies subject to the Texas Public Information Act. Vendor also acknowledges that DIR and Customers that are state agencies will comply with the Public Information Act, and with all opinions of the Texas Attorney General' s office concerning this Act. 2) Under the terms of the Contract, DIR may provide Vendor with information related to Customers. Vendor shall not re -sell or otherwise distribute or release Customer information to any party in any manner. a) Customer and Vendor agree that in connection with this Contract and their relationship, they may obtain Confidential Information. The receiving party shall 10/30/13 Page 11 of 16 Q. DIR Contract No. DIR-TSO-2542 Vendor Contract No. at all times keep in trust and confidence all such Confidential information, and shall not use such Confidential Information other than as expressly authorized by the disclosing party under this Agreement, nor shall the receiving party disclose any such Confidential Information to third parties without the disclosing party's written consent. Notwithstanding the above, Vendor shall be authorized to disclose Customer's Confidential Information to contractors or employees of a Vendor entity who have a legitimate business need to have access to such information. As allowed under record and retention policies and laws, the receiving party shall immediately return to the disclosing party all Confidential Information (including copies thereof) in the receiving party's possession, custody, or control upon termination or expiration at any time and for any reason of this Agreement. The obligations of confidentiality shall not apply to information which (a) has entered the public domain, except where such entry is the result of the receiving party's breach of this Agreement; (b) prior to disclosure hereunder was already rightfully in the receiving party's possession; (c) subsequent to disclosure hereunder is obtained by the receiving party on a non -confidential basis from a third party who has the right to disclose such information to the receiving party. The receiving party will be authorized to disclose Confidential Information pursuant to a valid order issued by a court or government agency, provided that the receiving party provides (i) prior written notice to the disclosing party of such obligation and (ii) the opportunity to oppose such disclosure. Customer may disclose information necessary to comply with the Texas Public Information Act. Vendor shall not disclose, advertise, or publish the terms and conditions of this Agreement without the prior written consent of the Customer. Any press release or publication by Vendor regarding this Agreement is subject to prior review and written approval of DIR and Customer. Customer may publish the contract in its customary manner or as required by law or for the conducting of public business. Section 10. Vendor Responsibilities, J. Background and/or Criminal History Investigation is hereby replaced in its entirety as follows: Prior to commencement of any services, background and/or criminal history investigation of the Vendor and/or Order Fulfiller's employees and subcontractors who will be providing services to the Customer under the Contract may be performed by certain Customers requiring such investigations. Subject to Customer underwriting the costs incurred for investigations of Vendor's personnel who voluntarily elect to undergo such screening to perform Services, Customer will interface directly with such personnel regarding scheduling the testing and results. Customer understands and agrees that such testing results shall not be communicated directly to Cisco. However, to the extent Customer requires additional candidates for such screening, Cisco will direct volunteers to Customer for follow up. If any Vendor employee refuses to so agree to an investigation, such employee may be denied access to Customer's premises. Should any employee or subcontractor of the Vendor and/or Order Fulfiller who will be providing services to the Customer under the Contract not be acceptable to the Customer as a result of the background and/or criminal history 10/30/13 Page 12 of 16 DIR Contract No. DIR-TSO-2542 Vendor Contract No. check, then Customer may immediately terminate its Purchase Order and related Service Agreement or request replacement of the employee or subcontractor in question. R. Section 10. Vendor Responsibilities, K. Limitation of Liability is hereby replaced in its entirety as follows: For any claim or cause of action arising under or related to the Contract: i) to the extent permitted by the Constitution and the laws of the State of Texas, none of the parties shall be liable to the other for punitive, special, incidental, indirect, lost revenue or lost profits, or consequential damages, whether arising in contract, tort (including negligence) or otherwise even if it is advised of the possibility of such damages; and ii) Vendor's liability for damages of any kind to the Customer shall be limited to the total amount paid to Vendor under the Contract during the twelve months immediately preceding the accrual of the claim or cause of action. However, this limitation of Vendor's liability shall not apply to claims of patent, trademark, or copyright infringement. S. Section 10. Vendor Responsibilities, N. Required Insurance Coverage is hereby replaced in its entirety as follows: As a condition of this Contract with DIR, Vendor shall provide certificates of insurance, or other proof of insurance, reflecting the maintenance of the listed insurance coverage within 5 days of execution of the Contract if the Vendor is awarded services which require that Vendor's employees perform work at any Customer premises and/or use employer vehicles to conduct work on behalf of Customers. In addition, when engaged by a Customer to provide services on Customer premises, the Vendor shall, at its own expense, secure and maintain the insurance coverage specified herein, and shall provide proof of such insurance coverage to the related Customer within five (5) business days following the execution of the Purchase Order. Vendor may not begin performance under the Contract and/or a Purchase Order until such proof of insurance coverage is provided to, and approved by, DIR and the Customer. All required insurance must be issued by companies that have an A.M. Best's financial rating of A- or better and duly licensed, admitted, and authorized to do business in the State of Texas. The Customer and DIR will be named as Additional Insureds on all required coverage. Required coverage must remain in effect through the term of the Contract and each Purchase Order issued to Vendor there under. In the event Vendor receives notice of cancellation of coverage, Vendor shall promptly replace such coverage so that no lapse in insurance occurs. The minimum acceptable insurance provisions are as follows: 1) Commercial General Liability Commercial General Liability must include a combined single limit of $500,000 per occurrence for coverage A, B, & C including products/completed operations, where appropriate, with a separate aggregate of $500,000. The policy shall contain the following provisions: 10/30/13 Page 13 of 16 DIR Contract No. DIR-TSO-2542 Vendor Contract No. a) Blanket contractual liability coverage for liability assumed under the Contract; b) Independent Contractor coverage; c) State of Texas, DIR and Customer listed as an additional insured; but only to the extent of liabilities falling within Vendor's contractual and indemnity obligations pursuant to this Agreement; and d) Waiver of Transfer Right of Recovery Against Others in favor of DIR and/or Customer, but only to the extent of liabilities falling within Vendor's contractual and indemnity obligations pursuant to this Agreement. 2) Workers' Compensation Insurance Workers' Compensation Insurance and Employers' Liability coverage must include limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Art. 8308-1.01 et seq. Tex. Rev. Civ. Stat) and minimum policy limits for Employers' Liability of $250,000 bodily injury per accident, $500,000 bodily injury disease policy limit and $250,000 per disease per employee. 3) Business Automobile Liability Insurance Business Automobile Liability Insurance must cover all owned, non -owned and hired vehicles with a minimum combined single limit of $500,000 per occurrence for bodily injury and property damage. Alternative acceptable limits are $250,000 bodily injury per person, $500,000 bodily injury per occurrence and at least $100,000 property damage liability per accident. The policy shall contain the following endorsements in favor of DIR and/or Customer: a) Waiver of Subrogation, but only to the extent of liabilities falling within Vendor's contractual and indemnity obligations pursuant to the terms of this Agreement; b) Definition of Insured to include those parties to whom Vendor owes contractual liability coverage. T. Section 11. Contract Enforcement, B. Termination, 2) Absolute Right is hereby replaced in its entirety as follows: DIR shall have the absolute right to terminate the Contract without recourse in the event that: i) Vendor becomes listed on 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; ii) Vendor becomes suspended or debarred from doing business with the federal government as listed in the System for Award Management (SAM) maintained by the General Services Administration; or (iii) Vendor is found by DIR to be ineligible to hold this Contract under Subsection (b) of Section 2155.006, Texas Government Code. Vendor shall be provided written notice in accordance with Section 12.A, Notices, of intent to terminate. 10/30/13 Page 14 of 16 DIR Contract No. DIR-TSO-2542 Vendor Contract No. U. Section 11. Contract Enforcement, C. Force Majeure is hereby replaced in its entirety as follows: DIR, Customer, Vendor or Order Fulfiller may be excused from performance under the Contract for any period when performance is prevented as the result of an act of God, strike, war, civil disturbance, epidemic, or court order, provided that the party experiencing the event of Force Majeure has prudently and promptly acted to take any and all steps that are within the party's control to ensure performance and to shorten the duration of the event of Force Majeure. The party suffering an event of Force Majeure shall provide notice of the event to the other parties when commercially reasonable. Subject to this provision, such non-performance shall not be deemed a default or a ground for termination. However, a Customer may terminate a Purchase Order if it is determined by the Customer that Order Fulfiller will not be able to deliver product or services in a timely manner to meet the business needs of the Customer. V. Appendix D, End User License Agreement to DIR-TSO-2542 the following applies: The following terms of Vendor's End User License Agreement shall have the same priority as the terms of this final contract document: SECTIONS HEREIN ENTITLED "LICENSE", "GENERAL LIMITATIONS", "SOFTWARE, UPGRADES AND ADDITIONAL COPIES", "PROPRIETARY NOTICES", "CUSTOMER RECORDS" AND "IDENTIFIED COMPONENTS". (Remainder of page intentionally left blank) 10/30/13 Page 15 of 16 DIR Contract No. DIR-TSO-2542 Vendor Contract No. This Contract is executed to be effective as of the date of last signature. Cisco Systems, Inc. Authorized By: Signature on File Name: Phil Lozano Title: Director of Finance Date: 5/5/14 The State of Texas, acting by and through the Department of Information Resources Authorized By: Signature on File Name: Karen Robinson Martin Zelinsky for Karen Robinson Title: Executive Director Date: 5/5/14 Office of General Counsel: _drb 5/5/14 10/30/13 Page 16 of 16 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 12, 2016 Action Item for City Council Meeting July 19, 2016 DATE: 6/28/2016 TO: Margie C. Rose, Interim City Manager FROM: Rudy Bentancourt, Director of Housing & Community Development RudyB@cctexas.com 361-826-3021 Approving the expenditure of Type A funds for the rehabilitation of La Armada II CAPTION: Motion to approve the action of the Corpus Christi Business and Job Development Corporation, authorizing the expenditure of $150,000 of funding to the Corpus Christi Housing Authority for the rehabilitation of La Armada II. PURPOSE: The purpose of the motion is to provide the Corpus Christi Housing Authority (CCHA) with the balance of the allocated funds for the rehabilitation of La Armada II. BACKGROUND AND FINDINGS: During the December 15, 2014, the Corpus Christi Housing Authority made a formal request to the Type A Board for $500,000 in funding to assist and leverage the CCHA's effort to revitalize the La Armada II Public Housing Complex. The overall project would return 93 vacant units to service, update internal plumbing and baths for the remaining 307 units, update the building facades, and re -roof the entire complex. On January 19, 2015, the Type A Board made a motion to authorize $350,000 of the $500,000 to the Corpus Christi Housing authority to support the rehabilitation of La Armada II units. The motion included that $150,000 would be provided the following year to complete the full request of $500,000. On December 14, 2015, the Corpus Christi Housing Authority made a "Progress' presentation to the Type A Board for the request of the $350,000. The request for reimbursement was approved. This motion will authorize the expenditure of the remaining balance of $150,000 to the Corpus Christi Housing Authority for the rehabilitation of La Armada II. ALTERNATIVES: None OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Not Applicable EMERGENCY / NON -EMERGENCY: This item is non -emergency DEPARTMENTAL CLEARANCES: Legal Housing and Community Development FINANCIAL IMPACT: Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $150,000 $150,000 BALANCE $150,000 $150,000 Fund(s): Comments: Financial Impact will be on the funding of the Type A Board funding. RECOMMENDATION: Staff recommends that the City Council authorize the expenditure of $150,000 to the Corpus Christi Housing Authority. LIST OF SUPPORTING DOCUMENTS: None AGENDA MEMORANDUM Future Item for the City Council Meeting of July 12, 2016 Action Item for the City Council Meeting of July 19, 2016 DATE: June 17, 2016 TO: Margie C. Rose, Interim City Manager FROM: Alyssa M. Barrera, Business Liaison AlyssaB@cctexas.com (361) 826 - 3356 Resolution authorizing emergency expenditure for HVAC system at the American Bank Center. CAPTION: Resolution authorizing the emergency expenditure of $70,000 for HVAC repair at the American Bank Center, which was approved by the Corpus Christi Business and Job Development Corporation on May 16, 2016. PURPOSE: The purpose of this item is to ratify the City Manager's approval of waiving the bid process for an emergency expenditure to repair the HVAC system at the American Bank Center Arena. BACKGROUND AND FINDINGS: The American Bank Center Arena's HVAC system contains two chiller units (Chiller No. 1 and Chiller No. 2). The Arena's Chiller No. 2 experienced an internal failure in May, rendering it unusable and requiring a complete overhaul. Until Chiller No. 2 is repaired, Chiller No. 1 must provide all of the cooling for the building. This presents an emergency situation because if Chiller No. 1 fails, there would be no cooling in the Arena and major parts of the Convention Center. On May 11, 2016 SMG submitted a written request for an additional $70,000 to fund this emergency repair. After receipt of this request, staff identified that the funding was actually available, so no allocation of funds was necessary; but the bidding process for the repair was to add an extensive time period before work could begin. With the approaching commencement ceremonies guaranteed to place thousands in the Arena over the coming weeks, this was considered an emergency situation. Per the City Charter, the City Manager has the authority to waive the bidding requirements for emergency purchases above $50,000. Per SMG's Management Agreement, "the City agrees to respond to any request of Operator for an Emergency Expenditures within 24 hours from receipt of the request." Emergency Expenditure is defined as "any expenditure to the extent not included within an Approved Budget and not expected by the Operator to be incurred but which is necessary to correct any condition that poses an imminent threat to public safety or material damage to the Facility." The City Manager provided written approval to proceed with the repair on May 12, 2016. On May 16, 2016, the Type A Board passed a motion approving an emergency expenditure of $70,000 for the repair of the HVAC system. The Council is now being asked to approve the action of the Type A Board. ALTERNATIVES: The alternative was to not approve the repair and extend the time that Chiller No. 1 serves the entire Arena facility, risking complete failure of the HVAC system. OTHER CONSIDERATIONS: This item highlighted opportunities for improvement of processes following changes in City and SMG staff. CONFORMITY TO CITY POLICY: The City Manager has authority to waive the bidding requirements for emergency purchases above $50,000.00 as outlined in the City Charter. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Type A Board approved this emergency expenditure on May 16, 2016. FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Current Year Future Years TOTALS Line Item Budget $607,797.77 $607,797.77 Encumbered / Expended Amount $198,236.77 $198,236.77 This item $70,000.00 $70,000.00 BALANCE $339,561.00 $339,561.00 Fund(s): Visitors Facility Fund — Arena Maintenance / Improvements Comments: None RECOMMENDATION: Staff recommends approving this emergency expenditure for Chiller 2 at the American Bank Center Arena. LIST OF SUPPORTING DOCUMENTS: Resolution — SMG HVAC Emergency Expenditure American Bank Center Request - HVAC Emergency Expenditure City Manager Approval — HVAC Emergency Expenditure Page 1 of 2 Resolution authorizing the emergency expenditure of $70,000 for HVAC repair at the American Bank Center, which was approved by the Corpus Christi Business and Job Development Corporation on May 16, 2016. WHEREAS, The American Bank Center Arena's HVAC system contains two chiller units (Chiller No. 1 and Chiller No. 2) and Chiller No. 2 experienced an internal failure in May, rendering it unusable and requiring a complete overhaul; WHEREAS, on May 11, 2016, SMG submitted an emergency request for $70,000 to fund repairs of the HVAC system at the American Back Center; WHEREAS, the City Manager provider written approval of this emergency expenditure on May 12, 2016, so that SMG could begin the repairs in advance of commencement ceremonies occurring at that time; WHEREAS, the emergency expenditure was approved by the Corpus Christi Business and Job Development Corporation (the "Corporation") on May 16, 2016, by a motion at their regular meeting on that date; WHEREAS, the City finds that it is in the best interest of the City to approve the expenditure of funds and ensure the proper function of the HVAC system at the American Bank Center; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the findings of the City Council and its actions approving this Resolution taken at the council meeting are hereby approved and adopted. SECTION 2. That the City Council authorizes the Corporation to expend funds in the amount of $70,000 for repairs to the HVAC system at the American Bank Center. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Page 2 of 2 Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn AmericariBarik CENTER. arena convention center 1 Selena auditorium May 11, 2016 Mr. Ron L. Olson, City Manager 1200 Leopard Street Corpus Christi, TX 78403 Dear Mr. Olson: The American Bank Center is in need of $70,000.00 in additional Repair and Maintenance funds to repair and maintain the Arena's cooling system components. In January, 2016, the Arena's Ice skid experienced a catastrophic failure. In order to preserve the remainder of the Icerays season and to provide ice for Disney on Ice, $171,430.16 was spent to retrofit ice connections in the Arena and to install a temporary, rented chiller to make ice. After these measures, only $10,722.42 remain in the Arena's Repair and Maintenance account for this fiscal year. This month, Arena's Chiller No. 2 experienced an internal failure, rendering it unusable. A complete overhaul of Chiller No. 2 is required. The cost for this repair is estimated at $70,000.00. This presents an emergency situation because Arena's Chiller No. 1 is now providing all the cooling for the building. However, there is no backup for Chiller 1. If Chiller 1 fails, there will be no cooling in the Arena and major parts of the Convention Center. I respectfully request that you approve the additional funds so that the American Bank Center is able to provide for the comfort of our guests and staff. Thank you. If you have any questions, please do not hesitate to let me know. Sincerely, m Sa General Manager American Bank Center --SMG Ronald L. Olson CITY MANAGER PO Box 9277 Corpus Christi Texas 78469-9277 Phone 361-826-3220 Fax 361-826-3839 RonOa cctexas.com www,cctcxas.com Jim Salamenta General Manager American Bank Center 1901 N. Shoreline Blvd. Ste. 100 Re: Request for Emergency Expenditure Dear Jim: I understand that one of the two HVAC units that serve the Arena needs immediate repair. Operating on one HVAC unit is not sufficient, especially because any incidents with the remaining unit would mean there is no cooling system for the Arena. Additionally, the failure of the remaining HVAC during the commencement ceremonies this weekend at the Arena would possibly "pose a threat to public safety." Our Management Agreement and the City Charter give me the ability to give you approval to proceed with an Emergency Expenditure. Under the Emergency Expenditure provisions of our Management Agreement, you have my approval to proceed with repair to the facility. Since your expenditure is over $50,000, this item will require ratification from the Type A Board and City Council, and will not be unreasonably withheld. City of Corpus Christi Cc: Buck Brice, Assistant City Attorney AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of July 12, 2016 Second Reading for the City Council Meeting of July 19, 2016 DATE: June 20, 2016 TO: Margie C. Rose, Interim City Manager FROM: Daniel McGinn, AICP, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 2302 and 2314 Saratoga Boulevard CAPTION: Case No. 0616-04 Kitty Hawk Development, Ltd.: A change of zoning from the "CG -1" General Commercial District to the "IL" Light Industrial District. The property to be rezoned is described as being a 2.8 acre tract of land encompassing all of Lots 1 through 3, Block 10, Saratoga Place and a portion of Lots 4 through 9 and a portion of Lot 12, Block 10, Saratoga Place, located on the north side of Saratoga Boulevard (State Highway 357) and approximately 120 feet west of Ayers Street. PURPOSE: The purpose of this item is to rezone the property to allow light industrial uses. RECOMMENDATION: Planning Commission and Staff Recommendation (June 1, 2016): Denial of the change of zoning from the "CG -1" General Commercial District to the "IL" Light Industrial District and, in lieu thereof, approval of the "IC" Industrial Compatible District. Vote Results For: Unanimous Against: 0 Absent: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "CG -1" General Commercial District to the "IL" Light Industrial District to allow the construction of a fencing company with a 5,000 square foot building and the remainder being outdoor storage. It is staff's opinion that the proposed "IL" District rezoning could negatively impact the surrounding properties (Cabaniss Field) by allowing uses that could congregate large groups of people, i.e. businesses with more than 50 persons per acre, or allow uses that could interfere with flight operations such as the stockpiling of sand or gravel or structures with unlimited height. The property is otherwise suitable for industrial uses in terms of location on an arterial street, and the availability of utility services. The property to be rezoned is consistent with the Future Land Use Plan's designation of the property with light industrial use. The recently created Industrial Compatible District would allow the applicant's desired use and would also be consistent with Joint Land Use Study (JLUS) recommendations for protecting Navy flight operations at Cabaniss Field. The applicant is agreeable to rezoning to the "IC" District in lieu of the "IL" District. ALTERNATIVES: 1. Approve the rezoning to "IC" Industrial Compatible District as recommended by Staff and Planning Commission. 2. Approve the request to "IL" Light Industrial District (requires 3/4 vote). 3. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan and is consistent with the adopted Future Land Use Plan, which slates the property for light industrial use. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance for the "IC" District (PC/Staff Recommendation) Ordinance for the "IL" District (Original Request) Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Kitty Hawk Development, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to a 2.8 acre tract of land encompassing all of Lots 1 through 3, Block 10, Saratoga Place and a portion of Lots 4 through 9 and a portion of Lot 12, Block 10, Saratoga Place, from the "CG -1" General Commercial District to the "IC" Industrial Compatible District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Kitty Hawk Development, Ltd. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 1, 2016, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change of zoning from the "CG -1" General Commercial District to the "IL" Light Industrial District and, in lieu thereof, approval of the "IC" Industrial Compatible District, and on Tuesday, July 12, 2016, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Kitty Hawk Development, Ltd. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 2.8 acre tract of land encompassing all of Lots 1 through 3, Block 10, Saratoga Place and a portion of Lots 4 through 9 and a portion of Lot 12, Block 10, Saratoga Place, located on the north side of Saratoga Boulevard (State Highway 357) and approximately 120 feet west of Ayers Street (the "Property"), from the "CG -1" General Commercial District to the "IC" Industrial Compatible District (Zoning Map No. 049036), as shown in Exhibits "A", "B" and "C". Exhibit A, which is a metes and bounds description of the portions of Lots 4 through 9 and a portion of Lot 12 of the Property, Exhibit B, which is a map to accompany the metes and bounds, and Exhibit C, which is a map of the entire Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. The change of zoning does not result in an amendment to the Future Land Use Map, an element of the Comprehensive Plan. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor IC Ordinance - Kitty Hawk Development, Ltd Page 2 of 2 STATE OF TEXAS COUNTY OF NUECES Field notes of a 1.347 acre tract being out of Lots 4 — 9 and Lot 12, Block 10, Saratoga Place, as shown on a map recorded in Volume 50, Page 140, Map Records Nueces County, Texas. Said 1.347 acres also described in a deed recorded in Document No. 2011026100, Deed Records Nueces County, Texas. Said 1.347 acres being more particularly described as follows: COMMENCING at the intersection of the northwest right of way of Ayers Street and the northeast right of way of Saratoga Boulevard, for the south corner of Lot 11, THENCE with the northeast right of way of Saratoga Boulevard, North 61°52'17" West, a distance of 164.75 feet to a 5/8" iron rod found in the common line of Lot 9 and the northeast right of way of Saratoga Boulevard, for the south corner of this survey, and for the POINT of BEGINNING. THENCE North 00°20'27" West, a distance of 481.24 feet to a 5/8" iron rod set in the common line of Lot 12 and this survey, for the northeast corner of this survey, and for a point of curvature of a non tangent curve to the right having a radius of 150.90 feet. THENCE with said curve, a chord bearing of North 67°32'44" West, and a chord distance of 29.87 feet to a set 5/8" iron rod set for the northwest corner of this survey, from WHENCE a 5/8" iron rod found bears, North 61°52'17" West, a distance of 214.17 feet. THENCE South 61°52'17" East, a distance of 5.78 feet to a 5/8" iron rod set for the common north corner of Lot 3 and Lot 4, and for an inside corner of the survey. THENCE with the common line of Lot 3 and Lot 4, South 28°10'12" West, a distance of 420.08 feet to a 5/8" iron rod set in the northeast right of way of Saratoga Boulevard, for the common south corner of Lot 3 and Lot 4, and for the west corner of this survey, from WHENCE a 5/8" iron rod found in the common line of the northeast right of way of Saratoga Boulevard and Lot 1 bears, North 61°52'17" West, a distance of 140.14 feet . THENCE with the northeast right of way of Saratoga Boulevard, South 61°52'17" East, a distance of 253.65 feet to the POINT of BEGINNING of this tract, and containing 1.347 acres of land, more or less. Notes: 1.) Bearings are based on Global Positioning System NAD 83 (93) 4205 Datum. 2.) A Map of equal date accompanies this Metes and Bounds description. 3.) Set 5/8" iron rod = iron rod set with yellow plastic cap labeled Brister Surveying. I, Ronald E. Brister do hereby certify that this survey of the property legally described herein was made on the ground this day March 15, 2016 and is correct to the best of my knowledge and belief. Ronald E. Brister, RPLS No. 5407 Date: March 17, 2016. Job No. 16298 EXHIBIT A on. seautla•ua.a..m. yr SOWS r.!V uw w.uaAwy LS_ Mr n. u.urn mania? AIJIIKNRTIACT•CpoCSI*UA..SAW Lar% lutVILLYaA10CARAC'LASINCAl4C .wr 241:11, .pg WiCLC R M= MC LM larn tOltir.p raC ARTY. MAL WY tMAeraruerAGO rGfaIICIM A DM it tattl131X W.LICAT LlOYYlLL ntlnlR rxIKYCALMR Moat MIMI= enT Cr Callu nurn I.R+tT1b 1•srL G1u10.wfaWallf At en wapaeOuuri Oita alausa3arn unu 1"7" • I l!I MAMA 111 IA lPl_fl h i 17. tpiy � =E t hh ssa.�- � � 4 urn 1071 ... 4111 Ff bd 11 k! MO ii ,4`x ---- t P IAIrACf{L runsr. ,�1� .r -- �_ 3 Vs iF ._._ kph I • y' k, A\ E I6t 1 LOTH -. r1W flNt� ) uuwa WNW, 6.•••••••1..••• r.e ' i1�.Y N wY..ot AIM wro ..= O. lu'n'Ira OW {r1.CT1 r PPATO0411011[LVMb INIYYL7tlrvA — p.MrYeMOWN= O.IO .14.1,IApaAM EXHIBIT B IJ shams... a.r..a,M rlWM.YacYa,t.••r Ma.aans ,L,. c. lJ .11.11 I Mw nun. .11AJtril �a bo vrnau areaw. q Atra.a.rq rankle.. &V1�SANlyiilg 1 awwur, wine v nwYYA.YnYr lw.u.wara=1.mm .a.qx. i�wrw 4, CO eV Z L 800 Feet FR Date Created: 5/19/2 Prepa'�ed� ly: JeremyM Department f^Development Se.VT CASE: 0616-01 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Com mercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned unit Dev. Overlay RS -10 Single -Family 14 RS -6 Single-Family6 RS -4.5 Single -Family 4.5 RS -TF TWo-Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home LOCATION MAP SUBJE PROPERTY +Ca,� City of Corpus Christi EXHIBIT C Ordinance amending the Unified Development Code ("UDC"), upon application by Kitty Hawk Development, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to a 2.8 acre tract of land encompassing all of Lots 1 through 3, Block 10, Saratoga Place and a portion of Lots 4 through 9 and a portion of Lot 12, Block 10, Saratoga Place, from the "CG -1" General Commercial District to the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Kitty Hawk Development, Ltd. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 1, 2016, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change of zoning from the "CG -1" General Commercial District to the "IL" Light Industrial District and, in lieu thereof, approval of the "IC" Industrial Compatible District, and on Tuesday, July 12, 2016, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Kitty Hawk Development, Ltd. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 2.8 acre tract of land encompassing all of Lots 1 through 3, Block 10, Saratoga Place and a portion of Lots 4 through 9 and a portion of Lot 12, Block 10, Saratoga Place, located on the north side of Saratoga Boulevard (State Highway 357) and approximately 120 feet west of Ayers Street (the "Property"), from the "CG -1" General Commercial District to the "IL" Light Industrial District (Zoning Map No. 049036), as shown in Exhibits "A", "B" and "C". Exhibit A, which is a metes and bounds description of the portions of Lots 4 through 9 and a portion of Lot 12 of the Property, Exhibit B, which is a map to accompany the metes and bounds, and Exhibit C, which is a map of the entire Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. The change of zoning does not result in an amendment to the Future Land Use Map, an element of the Comprehensive Plan. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre The foregoing ordinance was read for the second time and passed finally on this the day of 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor IL Ordinance - Kitty Hawk Development, Ltd. Page 2 of 2 STATE OF TEXAS COUNTY OF NUECES Field notes of a 1.347 acre tract being out of Lots 4 — 9 and Lot 12, Block 10, Saratoga Place, as shown on a map recorded in Volume 50, Page 140, Map Records Nueces County, Texas. Said 1.347 acres also described in a deed recorded in Document No. 2011026100, Deed Records Nueces County, Texas. Said 1.347 acres being more particularly described as follows: COMMENCING at the intersection of the northwest right of way of Ayers Street and the northeast right of way of Saratoga Boulevard, for the south corner of Lot 11, THENCE with the northeast right of way of Saratoga Boulevard, North 61°52'17" West, a distance of 164.75 feet to a 5/8" iron rod found in the common line of Lot 9 and the northeast right of way of Saratoga Boulevard, for the south corner of this survey, and for the POINT of BEGINNING. THENCE North 00°20'27" West, a distance of 481.24 feet to a 5/8" iron rod set in the common line of Lot 12 and this survey, for the northeast corner of this survey, and for a point of curvature of a non tangent curve to the right having a radius of 150.90 feet. THENCE with said curve, a chord bearing of North 67°32'44" West, and a chord distance of 29.87 feet to a set 5/8" iron rod set for the northwest corner of this survey, from WHENCE a 5/8" iron rod found bears, North 61°52'17" West, a distance of 214.17 feet. THENCE South 61°52'17" East, a distance of 5.78 feet to a 5/8" iron rod set for the common north corner of Lot 3 and Lot 4, and for an inside corner of the survey. THENCE with the common line of Lot 3 and Lot 4, South 28°10'12" West, a distance of 420.08 feet to a 5/8" iron rod set in the northeast right of way of Saratoga Boulevard, for the common south corner of Lot 3 and Lot 4, and for the west corner of this survey, from WHENCE a 5/8" iron rod found in the common line of the northeast right of way of Saratoga Boulevard and Lot 1 bears, North 61°52'17" West, a distance of 140.14 feet . THENCE with the northeast right of way of Saratoga Boulevard, South 61°52'17" East, a distance of 253.65 feet to the POINT of BEGINNING of this tract, and containing 1.347 acres of land, more or less. Notes: 1.) Bearings are based on Global Positioning System NAD 83 (93) 4205 Datum. 2.) A Map of equal date accompanies this Metes and Bounds description. 3.) Set 5/8" iron rod = iron rod set with yellow plastic cap labeled Brister Surveying. I, Ronald E. Brister do hereby certify that this survey of the property legally described herein was made on the ground this day March 15, 2016 and is correct to the best of my knowledge and belief. Ronald E. Brister, RPLS No. 5407 Date: March 17, 2016. Job No. 16298 EXHIBIT A on. seautla•ua.a..m. yr SOWS r.!V uw w.uaAwy LS_ Mr n. u.urn mania? AIJIIKNRTIACT•CpoCSI*UA..SAW Lar% lutVILLYaA10CARAC'LASINCAl4C .wr 241:11, .pg WiCLC R M= MC LM larn tOltir.p raC ARTY. MAL WY tMAeraruerAGO rGfaIICIM A DM it tattl131X W.LICAT LlOYYlLL ntlnlR rxIKYCALMR Moat MIMI= enT Cr Callu nurn I.R+tT1b 1•srL G1u10.wfaWallf At en wapaeOuuri Oita alausa3arn unu 1"7" • I l!I MAMA 111 IA lPl_fl h i 17. tpiy � =E t hh ssa.�- � � 4 urn 1071 ... 4111 Ff bd 11 k! MO ii ,4`x ---- t P IAIrACf{L runsr. ,�1� .r -- �_ 3 Vs iF ._._ kph I • y' k, A\ E I6t 1 LOTH -. r1W flNt� ) uuwa WNW, 6.•••••••1..••• r.e ' i1�.Y N wY..ot AIM wro ..= O. lu'n'Ira OW {r1.CT1 r PPATO0411011[LVMb INIYYL7tlrvA — p.MrYeMOWN= O.IO .14.1,IApaAM EXHIBIT B IJ shams... a.r..a,M rlWM.YacYa,t.••r Ma.aans ,L,. c. lJ .11.11 I Mw nun. .11AJtril �a bo vrnau areaw. q Atra.a.rq rankle.. &V1�SANlyiilg 1 awwur, wine v nwYYA.YnYr lw.u.wara=1.mm .a.qx. i�wrw 4, CO eV Z L 800 Feet FR Date Created: 5/19/2 Prepa'�ed� ly: JeremyM Department f^Development Se.VT CASE: 0616-01 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Com mercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned unit Dev. Overlay RS -10 Single -Family 14 RS -6 Single-Family6 RS -4.5 Single -Family 4.5 RS -TF TWo-Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home LOCATION MAP SUBJE PROPERTY +Ca,� City of Corpus Christi EXHIBIT C Aerial Overview Aerial I N Air Installation Compatible Use Zone (AICUZ) PLANNING COMMISSION FINAL REPORT Case No. 0616-01 HTE No. 16-10000016 Planning Commission Hearing Date: June 1, 2016 Applicant & Legal Description Applicant/Owner: Kitty Hawk Development, Ltd. Representatives: Wayne Lundquist Legal Description/Location: Being a 2.8 acre tract of land encompassing all of Lots 1 through 3, Block 10, Saratoga Place and a portion of Lots 4 through 9 and a portion of Lot 12, Block 10, Saratoga Place, located on the north side of Saratoga Boulevard (State Highway 357) and approximately 120 feet west of Ayers Street. Zoning Request From: "CG -1" General Commercial District To: "IL" Light Industrial District Area: 2.8 acres Purpose of Request: To allow light industrial uses. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "CG -1" General Commercial Vacant Light Industrial North "IL" Light Industrial Public/Semi-Public & Vacant Light Industrial South "IL" Light Industrial Commercial & Vacant Light Industrial East "CG -1" General Commercial Public/Semi-Public Public/Semi-Public West "IL" Light Industrial Commercial and Vacant Light Industrial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for light industrial uses. The proposed rezoning to the "IL" Light Industrial District is consistent with the adopted Future Land Use Map and the Southside Area Development Plan. Map No.: 049036 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 400 feet of street frontage along Saratoga Boulevard, which is an "A3" Primary Arterial Divided street. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2013) Saratoga Boulevard "A3" Primary Arterial Divided 130' ROW 79' paved 117' ROW 90' paved 23,092 ADT Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CG -1" General Commercial District to the "IL" Light Industrial District to allow the construction of a fencing company with outdoor storage. Development Plan: The applicant is proposing a fencing company with a 5,000 square foot building and the remainder being outdoor storage. At a minimum, the Unified Development Code would require a 20 -foot wide front yard on Saratoga Boulevard, a five-foot wide side yard and a 10 foot -wide rear yard. All outside storage shall be screened from public view in accordance with Section 7.4 of the Unified Development Code. A buffer yard of 10 feet with five landscaping points would be required along the property lines abutting the "CG -1" General Commercial District. Existing Land Uses & Zoning: The subject property is vacant and zoned "CG -1" General Commercial and designated for future light industrial uses. North and west of the subject property is zoned "IL" Light Industrial and is vacant land designated for future light industrial uses. South of the subject property across Saratoga Boulevard is zoned "IL" Light Industrial, consisting of commercial and vacant land use with a designation for future light industrial uses. East of the subject property is zoned "CG -1" General Commercial and consists of vacant land designated for future public/semi- public uses. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ) but is adjacent to a Cabaniss Field "CZ" Clear Zone. Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "IL" Light Industrial District is consistent with the Southside ADP and the adopted Future Land Use Plan's designation of the property as Light Industrial. Additionally, the following are pertinent elements of the Comprehensive Plan and should be considered: Corpus Christi Policy Statements, Policy d. under Military Installations recommends: "The City Policies concerning areas adjacent to military airports should be consistent with Air Installation Compatibility Use Zones (AICUZ). o The subject property is not directly under the abutting AICUZ Clear Zone however, the property is still very close and abuts an AICUZ Clear Zone. A Planning Commission Final Report Page 3 Clear Zone is the closest AICUZ to the end of the airport runway and was purchased by the City to prevent incompatible development. - The NAS Corpus Christi Joint Land Use Study (JLUS) shows that the subject property is under an area identified as a proposed Military Compatibility Overlay (MCA) area. o The JLUS recommended that the City create a zoning district that addresses appropriate uses that fall under four categories described as: Vertical Obstruction Zone; Light Subzone; Safety Subzone and a Noise Subzone. o The JLUS also showed that the subject property is in a location that could affect not only Cabaniss Field operations but also Corpus Christi International Airport. The Corpus Christi International Airport concern at this location is any light sources from property that could interfere with pilot or airport control tower operations. o In response to the JLUS, the City in 2012, created the "IC" Industrial Compatible District to provide a Light Industrial District that would prevent uses currently allowed in the "IL" Light Industrial District which could create a density of people of more than 50 persons per acre or which could interfere with Navy flight operations. Plat Status: The subject property will need to be replatted. Department Comments: • The property is served by a six lane arterial street that is fully improved and capable of providing adequate service for the proposed light industrial use. • The property is served by an existing eight -inch water line that runs along the entire Saratoga Boulevard frontage. • The property does not have access to an existing wastewater line, however there is an existing 20 inch wastewater line at the northeast corner of Saratoga Boulevard and State Highway 286, approximately 175 feet from the Subject Property. The City will determine if there is capacity in the existing wastewater line to serve the subject property during the replatting process. • The property is suitable for industrial uses in terms of location on an arterial street, and the availability of utility services. • The property to be rezoned is consistent with the Future Land Use Plan's designation of the property with light industrial use. • It is staff's opinion that the proposed "IL" District rezoning could negatively impact the surrounding properties (Cabaniss Field) by allowing uses that could congregate large groups of people, i.e. businesses with more than 50 persons per acre or allow uses that could interfere with flight operations. • The recently created Industrial Compatible District would allow the applicant's desired use and would also be consistent with Joint Land Use Study (JLUS) recommendations for protecting Navy flight operations at Cabaniss Field. Planning Commission Final Report Page 4 Planning Commission and Staff Recommendation: Denial of the change of zoning from the "CG -1" General Commercial District to the "IL" Light Industrial District and, in lieu thereof, approval of the "IC" Industrial Compatible District. Vote Results: For: Unanimous Opposed: 0 Absent: 0 Public Notification Number of Notices Mailed — 8 within 200 -foot notification area 3 outside notification area As of June 20, 2016: 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: 1. Location Map (Existing Zoning & Notice Area) 2. Application 3. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\0616-01 Kitty Hawk Development, LTD\Council Documents\Report - Kitty Hawk Development, Ltd..docx CASE: 0616-01 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 CR -1 CR -2 CG -1 CG -2 £I CBD CR -3 FR H BP Neighborhood Commercial Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 19 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home r1Subject Property 0 Owners with 200' buffer in favor A Owners within 200' fisted an X Owners — attached ownership table en opposeion SUBJECT PROPERTY/ ll LOCATION MAP Ci ty of Corpus Christi c ` RE .,.' ! , ,: srt; >: e. Devekroment Schwas Dept P O 13ox 9377 Corpus ChnsL, Trines 731699277 (361)826-n40 t.araled m PACE Leopard Street` REZONING APPLICATION Office Use.Oniy Case No.: 0616-01 Map No.: PC Hearing Data: June 1, 2016 Pro).Mgr Hearing Location: City flail, Council Chambers, 1201 Leopard Street Hearing Time: 5:30 p.m, . A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER NEARING • INCOMPLETE APPLJCAT7GNS WILL NOT BE ACCEPTED. Ly 1• Applicant: K1' *y �1dr':`'tL 6, t� _ ^y�et0p•fLt -6 CanlectPerson .J[ 'tri Tires*o� Mailin//gl1Addrass• rT.sC) r s -v`' 1 � j� & —*- [ ` City. COr IPt)� Ghcrys-1 i 31a1a7 IX ZIP: CL 413 Phone' (3( -Pt i��"effc°, Z-- 50(P1 E -;nail• v Cell: (�L' 1) t—t� 2.- - 5o J 2. Property 041mor;s): 'r-r"t.'4'— Contac) Porson ._.292-t-4...--2"--' Mailing Address. � City State: ZIP: Phone: (_ ^) E-mail; Colt: L._► Q 3. Subject Property Address..20-co...*-090... Nec_.t.r r a of P. quest (SF/aces) aC • D U � 1 C:". Currant Zoning & use, Proposed Zoning & Use: , 3 L` 1 ori V54� 12-DigitNuecos Cain TaxID:� l2 ! -D010_ 0610 jjx.r1 G� ! Subdivision Name: r a'"ko b� t- l 'G cBlock 1 D Lnt(s):.7.1.n& Legol Description if not platted; 4. Submittal Requirements: 0 Early Asslstanea Meeting: Date He'd X Land Use Statement i Disclosure IF APPLICABLE. 0 Peak Hour Trip Form (It request is Incurs (] Metes & Brumes Descrtplien with exhibit 0 Appointment of Agent Form It landowner ; vilh City Staff of Interest Copy of Warranty Deed start with Future Land Use Pian) 0 Site Plan for PUD or Special Penrk if property includes un -platted land {scaled by RPLS) 0 Lien Ho:der AuttlorI atIon Es not signing this fcml I certify thtt : ave • • the City of Corpus Christi win a complete applinst:on for review, that I am authorized to iriliata this rezoning as Gro behalf of the Property O ener(s): and the information provided i5 accurate. Ar- , Owner o At; S e7 Applicant's S;mature Owner cr Agents Printed Name AppScnnte PAntee Name • Office Use Only: Date Received: Received By. ADP: Rearming Fee: 4- PUD Fee - Sign Fee = Total Fee - No. Signs Required @ btWsipn — Sign PostXlg Date: Ir lt:Slrt3 pPLINTSVCASmail£tNAND riEV£roPu£l(W UIUnON !Clad yl7L•..CV VCSUN Na AnPLx'J1Tlpt1 300-4f. Aiy-k AI / to -100000/, L&-rS 1-3, AND Polon of L-oT5 Lf -C 1Ze SoRyEy LAND USE STATEMENT 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. F'c nO O�'rr�cam' Wi-r 0— SiOOO± n Le—/6 0-r d - 2. Identify the existing land uses adjoining the area of request: c),A, rc-‘ ark 4 U acia.r1ar� North - South - East - Farm�O�-+� West - t) r er l.� )0 VkCe.- Sob or) arm 1 a r. d (-vcLccar- CIUSERSSTANYAR IXOZESKTOVIONLY USEUNNIKALLANO USE STATEMENT FOR ZONING bOC DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended. requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered If the question is not applicable, answer with "NA". NAME: i i f �'1 Q'C1-S �nnL d f l" -Fi STREET: Z'30 FP t & S CITY• l_.LXp 0.546 5'1 ZIP: FIRM is Corporator °Partnership °Sole Owner °Association °Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership In the above named 'firm". Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having constituting 31 or more of the ownership in the above named "firm". Name Title f\.onve, an 'ownership interest" 3. State the names of each "board member" of the City of Corpus Christi having an 'ownership interest" constituting 31 or more of the ownership in the above named "firm". Name Board. Commission, or Comm.ttee 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 Consu:tant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi. Texas as changes occur. +lr �� Certifying Person: ^I 4� IF'J Title: (Print Name) Signature of Certifying Person: Date; K:IOEVELOPMEHTSVCSSHAREOY.ANO OEVELOPMENTIAP' . KATION FORLLSRE20NINCILISCLa5URE OP INttRa$t5 SctATFNENt 5-12-2015.DOC APPOJNTii1FNT OF AGENT As owner of die subject property, I hereby appoint ME person designated below to ac' fur me, ns my agent in this request. [� Nome of Agent LL L1L'1 Ln C.I Cep s'1 OD r- '1 Mailing Address � [j//�� ,�ir,!i-7`'f' Rf� ,r i� �J L-�-� F-- 1 City (.Dep s Vfl f i s4- state• 1 x Zip, —70=-1 I L Home Phone. L i 11\jPi Business Phone: 1 it" 1 1 g5c -g1_1CcIl 13 G!) J { c� -'7 I acknowledge and affirm that 1 will be Iegulfy bound by the words and acts of my agent, and by my signature helow,1 hilly authorize my agent to: De the point oreontact between Inysclf and the s it); of Corpus Christi, make legally binding representatiors of fact and commitments of every kind on my behatl, grant legally binding waivers of nghrs and releases of liab:lines of every kind on my behalf., consent to legally binding modifications, conditions, and exceptions fat my behalf' and, to execute documents on my behalf wllich are legally binding on me 1 understand that the City of Corpus Christi will deal only with a fully authorized agent. At any time it should appear that my agent has less than full authority to act, then the application may be suspended and I will have w personally participate m the disposition of the application. 1 understand that all communications related to this application are part of an otIctal proceeding ofC.'ily government and, that the Ctty will rely upon statements made by my agent Therefore, f agree to bold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who art in reliance upon my agent's words and actions from all damages. attorney fees. interest and costs arising from this matter. if my property is owned by a corporation, p :,crship, venture• or other legal entity, then I certify that I have the legal authority to mak is binding a • ointment an behalf of the entity, and every reference herein to 1", "my", or -'me" is a re rc - c to c *Signature of Agent: Printedlfypcd Name of Ai7,ent Tide L. 4 -ti GkGe T Dutc 4 'Signature of Property Owner: Tills _ Printe:dfFyped Nome of Property Owner "Signature of Property Owner: Printed/Typed Name of Properly Owner "Signature of Property Owner: PrinledfrypcdName ofProperty nor -lIr•1 -Pfo D31c Tide: Title Date 'Applicalion must be Sigord by be Individual applicant, each panneroo partnership„ or by an authorized officer of a Coi potation of avocialiiin U W Ileum -APPOINTMENT OF AGENT:I-i 9 ii9 Cue SCAI]I LIZ ACRES OTT 0PCtRm3Oai111 1R1R1 MTV TA ICU= ueil. IuwlaN+olr AIM Atr.sRIL'MY APIRAa punt= 1LYlYYor A1114 ACRE TRACT 11G1MAI1 or L0111 LRln[Y 1&!ARAn111A merit AS 31R1WN fN AMN RIX1>Rn1[II IN 111LL11LNA?A0111N I V AEXflIOSL1R111 COVNIV. IIJW. .r.Mr r a.. ti...w.mnn i....wl w. NA •.wnwn 01.1,4111.140 1.11,11 vir•rtn mho. 1 Brister Surveying RISWMN11r* IX 41111 F niii p Ig .1 y!� Mg :` °Q( 6tC °li I It i Iml Arbi I•w011Rr. IDTI f LOT St.IIMY NI ,t. nrMIINMARfi1l ,e t.c � 'Arabs RY MUM X49 e 1!Im r .fl e e py]p� yJ a • WTI* Inn! ..•c. ■..Nia.w•..w••=.N.. SAW1711r1A HULA- VANi1 10RNNmv WAY p •lrrs r lRbNRn11 .1v1m sr IKON imp 11 NNoLW IYYWAMAt MM.YM l.unw.1•n1.1yb sA.1M1.4Anw 11 • p.111M7.ARM Iw •m•rt•mi Yn111 mune coo 1..16.1.0 MUM IVINVITIMI Ir�.r rnr mon.. ma enwerre Lomas. won be wantrai.mvo 11oru`�.a.9Mm; w1rii i STATE OF TEXAS COUNTY OF NUECES Field nags of o 1347 erre tract being out alms 4 -9 rend Lot 12, Block 10, Seenoga pier es shown an • map worded to Volume 50. Page 140, Map Records Nueees County. Texas. Said 1347 apes also desaibrd to ■ deed tcmrded in De mttetn No, 2011026100, Deed &monis Ithacan County, Texas. Said 1397 accts being root particularly described as fol lows: COMMENCING at the intersection of the northwest deo of way of Ayers Stmt and the nalleau runt of way of Saratoga Boulcvmq for the south earner of Lot 11. THENCE with the nonhean nghlof wry of San:og. Boulevard, Nosh 61.52.1r West, ■ didanee of 164.75 feet to a 54^ iron hod found in the comma[ line of Lm 9 and the northeast right of way of Sannog. Boulevard, for the math comerofthis away. and for dee POINT of BEGINNING. THENCE North 00`30.27^ Wear,. distance 01'41124 f to. 34" Ian rod sex in the common lee of Lot 12 and this survey, for the nonhost corer of thts survey, .std fora point ofcurvmure of • inn tangent curse to the right having. radius of 130.90 fat. THENCE with said ewe,. chord boring of North 6772'44" West, and a chord distance of 29.17 feet o.s054" nom rods[ for the northwest comer ofthu survey, them WHENCE . 54^ wan rod found bears, Noah 61.52' I7" Wen,. distance of 214.17 feet THENCE South 61.52' IT' Eon.* distance of 29.92 feet Ion 516" iron rod to foe the common north counsellor 3 and lot 4, and for an inside corner ofthe survey. THENCE with the thiourea line of Lot 3 and Lot 4, South 21'10'12" West,. di nonce of 420.06 feet to a 5f1"ion hod sex in the northeast right of way of S.rawyt Boulevard, for the comma= south cams of 1.011 i and Lae 9, and for the west corns oFthis survey. from WHENCE a 517- iron rat found in the common tun of the northeast right of way of Saratoga Boulevard and lot 1 hears, Nash 6192.17' Wet,. distance of140 14 feet. THENCE with the northeast right of way of Saratoga Boulevard. Scent 61.52'17" E.o, •distance of 33.65 feel to the POINT of BEGINNING of this tract, and containing 1347 acres ofland, more or Inn. Nolo: IJ Bearings, are bared on Global Positioning System NAD 13 (93) 4203 Datum. 2.) A Map acquit! date asarynni.s Ibis Man and Bounds descripion. 3.1 Set 33" ion rod -won rod set with yellow plastic rap labeled Brister Surveying, I, Ronald E. Brister do booby certify Out this surrey of the property le:ally demibed hewn was mode on Lite ground this day Mater I5 2011 and is moo to die hen ofray know kdge lad belief. �ona�?G'.'�ruals. Ronald E Boner, RPLS No. 5907 Dorm. March 17,2916. ad No r6DA wan aralAM$ la airr.wrrkn SCALE 1'. b -1,4M L • a.ru' wan -Tor A 11fm1M?Met Mem WL or LDP.& -wAmLOYu WV%u. Smalpr..AfL4LLAM It(OSLO.A air atetri OwwLLW.■ MOS MAW. WIWI 1f.9 UMAU Y.. MIXALMIo LINAtra Tu.'1Ar1O T.OGCON A IVIO/LtifatrtD p...U.1rMM LOt0Y1m rein lR rxlKY(ALMR SGML ars Anus LTR Cr cowl Daunt tanIT+[Tlb Limn 01•L,11ip4KraY1 At R1 MuagaryaRrr AFFP.VV. MIME: anuaccrn 1OT11 in MrMASI 1I? 111 (1.1.0) 31- IN 7 ° L'-_ p 1 /1 �yA� m& IOTt um at 11 .E� i , aYr E 13 WtAdp autsle. �T R y, 6Y tt iF" i. p� E C IOTA a .Kom t opoorJ 111 Wei 11•••••••11•11•014•01....ir.¢1w4 n 1•10001.1:111•10001.1:11 AM. .•=Q. 11.11•1•tra 1.0 Oawn 7A?ASOCIABOOLCVMb uruprtnw.r p.aarar LWOW O•POIMGa•ubanM I sIralaaara..M•.Ilan I1 a ps.wta.s U..a s. �aiarrvma..wraAi WAST .11AW'u Asia boao er101w. 4.=ra...9 Aalklalr. Bt6t�Saeveying 1 MOM., �Wv a n ww+n r `• 1.w1 r waraasa.ol a..a aamono I'm T Lyg, A.6 .m1a �waaw AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of July 12, 2016 Second Reading for the City Council Meeting of July 19, 2016 DATE: June 20, 2016 TO: Margie C. Rose, Interim City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 3945 Crosstown Expressway (State Highway 286) CAPTION: Case No. 0616-02 Coastal King, Ltd.: A change of zoning from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District. The property to be rezoned is described as Lot 4, Block 4, Roseland Place, located on the northwest corner of Horne Road and Crosstown Expressway (State Highway 286). PURPOSE: The purpose of this item is to rezone the property to allow construction of a self-service carwash, which is a general commercial use. RECOMMENDATION: Planning Commission and Staff Recommendation (June 1, 2016): Approval of the change of zoning from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District. Vote Results For: 9 Against: 0 Absent: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District to allow the construction of a self-service car wash. The proposed rezoning is consistent with the Comprehensive Plan. The property is appropriately located for commercial uses at the intersection of an expressway and a minor arterial roadway and the rezoning is compatible with present zoning of nearby property and to the character of the surrounding area. The rezoning is not anticipated to have a negative impact upon the surrounding property. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Westside Area Development Plan. The proposed rezoning to the "CG -2" General Commercial District is consistent with the adopted Future Land Use Map and the Westside Area Development Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Coastal King, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to Lot 4, Block 4, Roseland Place, from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Coastal King, Ltd. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 1, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District, and on Tuesday, July 12, 2016, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Coastal King, Ltd. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lot 4, Block 4, Roseland Place, located on the northwest corner of Horne Road and Crosstown Expressway (State Highway 286) (the "Property"), from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District (Zoning Map No. 047040), as shown in Exhibit "A". Exhibit A, which is a map of the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. The change of zoning does not result in an amendment to the Future Land Use Map, an element of the Comprehensive Plan. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance - Coastal King, Ltd. Page 2 of 2 CO !V SUBJEC PRCPER1 Y CG ®a Aare Cot�xed. 5/1 Prepattruwy: JertpmyM Deparrmem 0 DeVefopmem Seivlees 18 CASE: 0616-02 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Neighborhood Commercial Resort Commercial Resort Commercial General Com Mendel General Commercial Ihtensiue Commercial Downtown Commercial Resort Commercial Farah Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial Pup Planned Unit Bev, Overlay RS -10 Single -Family 10 RS -6 Single -Fa mlly 6 RS -4.5 Single -Family 4,5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home LOCATION MAP mow► City of Corpus Christi Exhibit A Aerial Overview 1 N Aerial I N PLANNING COMMISSION FINAL REPORT Case No. 0616-02 HTE No. 16-10000017 Planning Commission Hearing Date: June 1, 2016 Applicant & Legal Description Applicant/Owner: Coastal King, Ltd. Representatives: Urban Engineering Legal Description/Location: Lot 4, Block 4, Roseland Place, located on the northwest corner of Horne Road and Crosstown Expressway (State Highway 286). Zoning Request From: "CN -1" Neighborhood Commercial District To: "CG -2" General Commercial District Area: 0.75 acres Purpose of Request: To allow construction of a self-service carwash, which is a general commercial use. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "CN -1" Neighborhood Commercial Vacant Commercial North "CG -2" General Commercial Commercial Commercial South "RS -6" Single -Family 6 and "CN -1" Neighborhood Commercial Low Density Residential and Commercial Low Density Residential & Commercial East "IL" Light Industrial Right-of-way and Commercial Right-of-way and Light Industrial West "CG -2" General Commercial Vacant Commercial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for commercial uses. The proposed rezoning to the "CG -2" General Commercial District is consistent with the adopted Future Land Use Map and the Westside Area Development Plan. Map No.: 047040 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 200 feet of street frontage along Horne Road, which is an "Al" Minor Arterial Undivided street and approximately 215 feet along the Crosstown Expressway (State Highway 286) Access Road, which is an "F1" Freeway/Expressway. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Horne Rd. "Al" Minor Arterial Undivided 95' ROW 64' paved 80' ROW 60' paved N/A Crosstown Expressway (State Highway 286) Access Road "F1" Freeway/Expressway 400' ROW Varies- paved 350' ROW 280' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District to allow the construction of a self-service car wash, however, if the zoning change is approved, any of the uses permitted in the "CG -2" General Commercial District may be developed on the property. Development Plan: The proposed rezoning is a part of the Roseland Place Subdivision. The applicant indicates that current plans are to construct a self-service car wash. Existing Land Uses & Zoning: The subject property is vacant and zoned "CN -1" Neighborhood Commercial. North of the subject property is zoned "CG -2" General Commercial and consists of a fast-food restaurant. South of the subject property across Horne Road is zoned "CN -1" Neighborhood Commercial and "RS -6" Single -Family 6, consisting of low density residential uses and a flower shop. East of the subject property is the freeway and across the freeway is a mini -storage facility which is zoned "IL" Light Industrial. West of the subject property is vacant and zoned "CG -2" General Commercial. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is platted. Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Westside Area Development Plan (ADP). The proposed rezoning to the "CG -2" General Commercial District is consistent with the Westside ADP and the adopted Future Land Use Map's designation of the property for commercial uses. Applicable Comprehensive Plan policies include but are not limited to the following: Planning Commission Final Report Page 3 • Comprehensive Plan General Policy Statement D: New development should occur in a pattern which is cost effective. The City should encourage new development where services can be provided economically and, wherever possible, promote contiguous development. • Comprehensive Plan Commercial Policy Statement F: Commercial activities which generate large volumes of traffic should have direct access to an arterial road without having to traverse low-density areas. • Comprehensive Plan Commercial Policy Statement G: Commercial service areas designed to serve local neighborhoods should be conveniently located and in harmony with the surrounding neighborhood. • Comprehensive Plan Residential Policy Statement H: Encouraging infill development on vacant tracts of land within developed areas. Department Comments: • The proposed rezoning is consistent with the Comprehensive Plan. • The property is appropriately located for commercial uses at the intersection of an expressway and a minor arterial roadway. • The rezoning is compatible with present zoning of nearby property and to the character of the surrounding area. • A "CG -2" District would allow uses that are compatible with the surrounding properties. • The rezoning is not anticipated to have a negative impact upon the surrounding property. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District. Vote Results: For: 9 Opposed: 0 Absent: 0 Public Notification Number of Notices Mailed — 15 within 200 -foot notification area 5 outside notification area As of June 20, 2016: In Favor —0 inside notification area — 0 outside notification area In Opposition — 1 inside notification area — 0 outside notification area Totaling 2.15% of the land within the 200 -foot notification area in opposition. Planning Commission Final Report Page 4 Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Application 3. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\0616-02 Coastal King, Ltd\Council Documents\Report - Coastal King, Ltd..docx TO HWY 286 R SUBJECT PROPERTY DDY 9Si AMH h S PORT AVE CG 5-4 Date Crea'fed: 5/13/2016 IPrepa ey: Jer+io rnyM Deparrmen! of Development Sei ices CASE: 0616-02 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H DP Neighborhood Commercial Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort C omme rcia I Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev, Overlay RS -10 Single -Family 10 R5-6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse 5P Special Permit Hy Recreational Vehicle Park RMH Manufactured Home nSubject Property 0Owners wish 200' buffer in favor 4 Owners within 200' listed on 'V Owners attached ownership table A in oppasihan City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Chnsti, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street Applicant. Urban Engineering /e-lba000t1 REZONING APPLICATION Case No.: Map No. o`"rf z0 a PC Hearing Date; Proj.Mgr Hearing Location: Citv Hall, Council Chambers. 1201 Leopard Street Hearing Time: 5:30 p.m- • A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. • INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. Mailing Address 2725 Swantner Drive City Corpus Christi E-mail Contact Person : Xavier Galvan xavierg@urbaneng.com State TX zip 78404 Phone 3c fi1 _)854-4187 ext. 217 Cell t Property owners) Coastal King, Ltd. Mailing Add-ess 108 N. Mesquite Street city.Corpus Christi State TX E-mail: cjalley1@gmail.com (Clinton Alley) Subject Property Address 2100 Horne Contact Person Clinton Alley ZIP 78401 Phone: 361 1882-4100 Cell �) Road © Crosstown Area of Request (SFlacres) 0.75 Acres Current Zonng & Use: CN -1 (Vacant) Proposed Zoning & Use CG -2 (Car Wash) 12 -Digit Nueces County Tax ID 750$ _ - 0004 - 0040 Subdivision Name. Roseland Place Legal Descnption if not platted. 4. Submittal Requirements: El Early Assistance Meeting Date Held 513116 E1 Land Use Statement I Disclosure of Interest © Copy of Warranty Deed 1F APPLICABLE: ❑ Peak Hour Tnp Form (if request is inconsistent with Future Land Use Plan) 0 Metes & Bounds Description with exhibit if property includes un -platted land (sealed by RPLS) El Appointment of Agent Form if landowner is not signing this form Block 4 Lot(s): 4 ; with City staff Dolores Wood ❑ Site Plan for PUD or Special Permit 0 Lien Holder Authonzatlon 1 certify ttha l ,y - provided the City of Corpus Christi with a complete as or on behalf of the Property Owner(s); an Owner'or Agent s ~ gnature Gary Hodge Owner or Agent's Printed Name Office Use Only' Date Received: 3-4614 Rezoning Fee "1 i 10 750 + PUD Fee plication for review; int.• r ation provi at l; authorized to initiate this rezoning ccurate. pplicant'- ignatu Applicant's Printed Name Received By ADP: „-2 */ 1.27 50 Ws No. Signs Required -@ $10/sign Sign Posting Date. I _ _ x 1 EVELOPMENTSVCSISHAREDtA O DEVELOPMENTl4PPLICATON PO7MSIREZONING ZONING APPLICATION 2016 OOC Fcrm Revised 5e 1222315 o`�OSt.A, Q * -I N y ., y 7 Development Services Dept, P.O. Box 9277 Corpus Christi, 826 78469-9277 (36t) 826 -3 3240 Located at 2406 Leopard Street REZONING APPLICATION Office Use Only Case No.: Map No.: PC Hearing Date: Proj.Mgr: Hearing Location: City Hall, Council Chambers, 1201 Leopard Street Hearing Time: 5:30 p.m. *A MAXIMUM OF FIVE REZQNINGS CASES ARE SCHEDULED PER HEARING. * INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant: Urban Engineering Contact Person : Xavier Galvan Mailing Address 2725 Swantner Drive city: Corpus Christi state: TX ZIP: 78404 Phone: ( 801 ) 854-4187 ext. 217 E-mail: xavierg@urbaneng.com Cell: ( ) 2. Property Owner(s): Coastal King, Ltd. Contact Person :Clinton Alley Mailing Address: 108 N. Mesquite Street City: Corpus Christi State: TX ZIP: 78401 Phone: ( 361 ) 882-4100 E-mail: cjalley1@gmail.com (Clinton Alley) Cell: ( ) 3, Subject Property Address: 2100 Horne Road @ Crosstown Area of Request (SFlacres) 0.75 Acres Current Zoning & Use CN -1 (Vacant) Proposed Zoning &Use: CG -2 (Car Wash) 12 -Digit Nueces County Tax ID: 7506 _ _ 0004 _ 0040 Subdivision Name: Roseland Place Block 4 Lot(s): 4 Legal Description if not platted: 4. Submittal Requirements: ❑■ Early Assistance Meeting: ■❑ Land Use Statement IF APPLICABLE: ❑ Peak Hour Trip Form (if request Date Held 0 Disclosure is inconsistent with exhibit landowner 518116 ; with City Staff Dolores Wood of Interest ❑ Copy of Warranty Deed with Future Land Use Plan) ❑ Site Pkan for PUD or Special Permit if property includes un -platted land (sealed by RPLS) ❑ Lien Holder Authorization is not signing this form ■ Metes & Bounds Description ❑ Appointment of Agent Form if I certify that I have provided the City of Corpus Christi with a complete application for r view; th t I am authorized to initiate this rezoning as or on behalf of the Property Owner(s); and the informatio provid d is accurate. Owner or Agent's gnat Robert G. rt, 111 Applica 's gnature Yqvi c >Livc,., r ttLA.,.. AcrJlf'et141 Owner or Agent's Printed Name Applicant's Printed Name Office Use Only: Date Received: Received By: ADP: Rezoning Fee: + PUD Fee + Sign Fee = Total Fee No. Signs Required @ $10/sign Sign Posting Date: K:VOEVELOPMENTS VCSNS HARE01LAN0 OEVE LOPMENT\APPLICATION FORM SYR EZONJNGSZONING APPLICATION 2015. DOC Form Revised 5/12/2015 LAND USE STATEMENT 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. The owner of the property is requesting a change of zoning from CN -1 to CG -2 for the development of a 7 bay, self -serve car wash. The car wash will have 7 wash bays, and 6 or 7 vacuum spaces. There will be one employee running the facility. It is assumed at this time that the car wash will be open 24 hours. 2. Identify the existing land uses adjoining the area of request: North - CG -2 (Restaurant) South - CN -1 (Flower Shop) and RS -6 (Residential) East - CN -1 (Crosstown Expressway) West - CG-2(Vacant) C:\USERS\TANYAR.000\DESKTOP\DAILY USE\ANNIKA\LAND USE STATEMENT FOR ZONING.DOC DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: Gary Hodge STREET: 108 N. Mesquite Street CITY: Corpus Christi, Texas ZIP: 78401 FIRM is:'®Corporation °Partnership °Sole Owner°Association l Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A CERTIFICATE 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 o1 Corpus Christi, Texas as changes occur. Certifying Person: Gary Hodge (Print Name) Signature of Certifying Person: Date: 5 ' K:\ DEVELOPMENTS VCS\SHARE DALAND DEVELOPMENT\APPLICATION FORMS\REZONING\DISCLOSURE OF INTERESTS STATEMENT_5 12 2015 DOC Title: Managing Director DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: Urban Engineering STREET: 2725 Swantner Drive CITY: Corpus Christi, Texas ZIP: 78404 FIRM is:°Corporation °Partnership °Sole Owner CAssociation Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 't. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A CERTIFICATE 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. Xavier Galvan Certifying Person: (Print Name Signature of Certifying Person: KSOEVELOPMENTSVCSISHARED ILAND DEV Title: Date: f I'eqnu+ r � OPMENTIAPPLDCATIOA'FeRM51REZONINGIDISCLOSURE OF INTERESTS STATEMENT_5.12.201.5.DOC u � ikc n t3T -t't DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: Robert G. Hart, III STREET: 108 N. Mesquite Street CITY: Corpus Christi, TexasZIP: 78401 FIRM is: Corporation °Partnership [Sole Owner [Association Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee N/A 4. State the names of each employee or officer of a "consultant'" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Robert G. Hart, III Title: Managing Owner Certifying Person: (Print Name) '` IG Signature of Certifying Person: Date: K. \DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\APPLICATION FORMS \REZONING\DISCLOSURE OF INTERESTS STATEMENT_5 12.2015 DOC APPOINTMENT OF AGENT As owner of the subject property, l hereby appoint the person designated below to act for me, as my agent in this request. Name of Agent: Urban Engineering Mailing Address: 2725 Swartter Drive City: Corpus Christi State: Texas zip: 78404 Home Phone: f ) Business Phone: ( 361 ) 854-3101 Cell: ( I acknowledge and affirm that I will be legally bound by the words and acts of my agent, and by my signature below, I fully authorize my agent to: 13e the point of contact between myself and the City of Corpus Christi; make legally binding representations of fact and commitments of every kind on my behalf; grant legally binding waivers of rights and releases of liabilities of every kind on my behalf; consent to legally binding modifications; conditions, and exceptions on my behalf; and, to execute documents on my behalf which are legally binding on rne. I understand that the City of Corpus Christi will deal only with a fully authorized agent. At any time it should appear that my agent has Tess than full authority to act, then the application may be suspended and I will have to personally participate in the disposition of the application. I understand that all communications related to this application are part of an official proceeding of City government and, that the City will rely upon statements made by my agent. Therefore, I agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who act in reliance upon my agent's words and actions from all damages, attorney fees, interest and costs arising from this matter. If my property is owned by a corporation, partnership, venture, or other legal entity, then I certify that I have the legal authority to make this binding appointment on behalf of the entity, and every reference herein to "I", "my", or `me" is a refere the entity. *Signature of Agent: Printed/Typed Name o avier *Signature of Property Owner: Project Manager/Senior Title: Platting Tech Ivan for Urban Engineering Date: � /0, Managing Owner of Hart Restaurant Management, Inc., General Partner Title: of Coastal King, Ltd. Printed/Typed Name of Property Owner: Rob *Signature of Property Owner: Printed/Typed Name of Property Owner: rt G. Hart, III try '' odge Date: r' 4.- Managing Director of Hart Restaurant Management, Inc., General Partner Title: of Coastal King, Ltd. Date: -. • l (� ''Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Application must be signed by the individual applicant, each partner of a partnership, or by an authorized officer of a corporation or association. D W Brown APPOINTMENT OF AGENT2-19-09 doc Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a este junta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo. al niumero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta v su irides es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar , un interprete ser presente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0616-02 r, WI MAY 2 ; 2016 DEVELOPMFNT SERVICES 'SPECIAL SER�+ICES.... Coastal King, Ltd. has petitioned the City of Corpus Christi to consider a z "CN -f" Neighborhood Commercial District to the "CG -2" General Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Lot 4, Block 4, Roseland Place, located on the northwest corner of Horne Road and Crosstown Expressway (State Highway 286). The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, June 1, 2016, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: A /&y41d, 3 14gtey o Address: oZ) 2 S / 6P Att, ,%/ City/State: 61240,4)-5 { ) IN FAVOR 0.4 IN OPPOSITION Phone: 361-- /,g9, - PIP?, REASON: r 1 AJ-�lviry fir iv�'T� c c Wvuuy /r'T f _ (c.�es-. A< SEE MAP ON REVERSE SIDE Property Owner ID: 2 HTE# 1 6-1 000001 7 Case No. 0616-02 Project Manager: Dolores Wood AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of July 12, 2016 Second Reading for the City Council Meeting of July 19, 2016 DATE: June 21, 2016 TO: Margie Rose, Interim City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 1402 Agnes Street CAPTION: Case No. 0616-03 J.Z. Auto, LLC: A change of zoning from the "IL" Light Industrial District to the "CI" Intensive Commercial District. The property to be rezoned is described as Lots 15 and 16, Block 3, Chamberlin's Subdivision, located on the northwest corner of Agnes Street and 12th Street. PURPOSE: The purpose of this item is to reduce setback requirements in order to allow expansion of an existing auto repair and servicing shop. RECOMMENDATION: Denial of the rezoning from the "IL" Light Industrial District to the "CI" Commercial Intensive District and, in lieu thereof, approval of the "CI/SP" Intensive Commercial District with a Special Permit subject to the following conditions: 1. Uses. The only uses authorized by this Special Permit other than those uses permitted by right in the "CI" Intensive Commercial base zoning district are the general repair of engines, transmissions, or radiators and the general repair or overhaul of air-conditioning systems, which are classified as "Vehicle Service, Heavy" uses. 2. Limitations. All vehicle service operations on the Property shall occur within an enclosed structure. 3. Time Limit. In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Vote Results: For: Unanimous Opposed: 0 Abstained: 0 Absent: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "IL" Light Industrial District to the "CI" Intensive Commercial District to reduce setback requirements in order to allow installation of a new metal building for an existing vehicle service business. The applicant is proposing to expand its existing building, but with the limited area available on the site, the expansion can only occur toward the rear of the property and would need a zero -foot rear and side yard setback allowance. The rezoning to the "Cl" Intensive Commercial District, a zoning district often applied to properties in the Downtown Area, would eliminate the rear and side yard setback requirement and allow expansion of the existing building. Some of the services offered are categorized by the City's Unified Development Code ("UDC") as Heavy Vehicle Services as opposed to Limited Vehicle Services. Heavy Vehicle Services are not allowed in the "Cl" Intensive Commercial District but are allowed in the "IL" Light Industrial District. The proposed expansion of a vehicle service use that includes "Heavy" Vehicle Services, such as transmission, radiator, engine and air conditioning repair, is defined as a use requiring an "IL" Light Industrial District. A Special Permit to allow some of the "heavy" repair uses could be used to allow the use on the site and mitigate any negative effects that could occur to nearby commercial businesses and future residential uses. While the rezoning does not match the designation for medium density on the City's Comprehensive Plan, the rezoning to a less intensive district should be considered as beneficial to the long term transition to more residential or mixed-use development in this area near the downtown. Staff's opinion is that the vehicle service use at this location with some limited Heavy Vehicle Services would not decrease the residential desirability of this neighborhood, which is one of the findings required of the Comprehensive Plan when deciding which commercial uses to allow within designated residential areas. The applicant is in agreement with the Planning Commission and Staff recommendation for the "CI/SP" Intensive Commercial District with a Special Permit. ALTERNATIVES: 1. Approve the rezoning to "CI/SP" Intensive Commercial District with a Special Permit as recommended by Staff and Planning Commission. 2. Approve the request to "CI" Intensive Commercial District. (requires 3/4 vote) 3. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Central Business Development Plan. The proposed rezoning to the "CI" Intensive Commercial District may help to transition this area away from incompatible industrial uses toward uses that are medium density residential or uses that are supportive of residential uses. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance for CI/SP Ordinance for CI Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Jerry Zamora on behalf of J.Z. Auto, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lots 15 and 16, Block 3, Chamberlin's Subdivision, from the "IL" Light Industrial District to the "CI/SP" Intensive Commercial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Jerry Zamora on behalf of J.Z. Auto, LLC ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 15, 2016, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change of zoning from the "IL" Light Industrial District to the "Cl" Intensive Commercial District and, in lieu thereof, approval of the "CI/SP" Intensive Commercial District with a Special Permit subject to three conditions, and on Tuesday, July 12, 2016, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application by Jerry Zamora on behalf of J.Z. Auto, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lots 15 and 16, Block 3, Chamberlin's Subdivision, located on the northwest corner of Agnes Street and 12th Street (the "Property"), from the "IL" Light Industrial District to the "CI/SP" Intensive Commercial District with a Special Permit (Zoning Map No. 046044), as shown in Exhibit "A". Exhibit A, which is a map of the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner meeting the following conditions: 1. Uses. The only uses authorized by this Special Permit other than those uses permitted by right in the "Cl" Intensive Commercial base zoning district are the general repair of engines, transmissions, or radiators and the general repair or overhaul of air-conditioning systems, which are classified as "Vehicle Service, Heavy" uses. 2. Limitations. All vehicle service operations on the Property shall occur within an enclosed structure. 3. Time Limit. In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. The City's Future Land Use Map, an element of the Comprehensive Plan, is amended to designate the Property for commercial land use. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. Page 2 of 3 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance_SP - J.Z. Auto, LLC Page 3 of 3 N C N a ry N N N 800AarY ST re Created: 5Y2• 018 4Prepa�JeremyM Department of Development Services CASE: 0616-03 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhoc-d Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial General Com mercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farrn Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 R5-6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Nome LEOPARD AGNES SIIBdE&T PROPERTY z LOCATION MAP City of Corpus Christi Exhibit A Ordinance amending the Unified Development Code ("UDC"), upon application by Jerry Zamora on behalf of J.Z. Auto, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lots 15 and 16, Block 3, Chamberlin's Subdivision, from the "IL" Light Industrial District to the "Cl" Intensive Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Jerry Zamora on behalf of J.Z. Auto, LLC ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 15, 2016, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change of zoning from the "IL" Light Industrial District to the "Cl" Intensive Commercial District and, in lieu thereof, approval of the "CI/SP" Intensive Commercial District with a Special Permit subject to three conditions, and on Tuesday, July 12, 2016, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application by Jerry Zamora on behalf of J.Z. Auto, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lots 15 and 16, Block 3, Chamberlin's Subdivision, located on the northwest corner of Agnes Street and 12th Street (the "Property"), from the "IL" Light Industrial District to the "Cl" Intensive Commercial District (Zoning Map No. 046044), as shown in Exhibit "A". Exhibit A, which is a map of the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. The City's Future Land Use Map, an element of the Comprehensive Plan, is amended to designate the Property for commercial land use. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre The foregoing ordinance was read for the second time and passed finally on this day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance_CI - J.Z. Auto, LLC Page 2 of 2 N C N a ry N N N 800AarY ST re Created: 5Y2• 018 4Prepa�JeremyM Department of Development Services CASE: 0616-03 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhoc-d Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial General Com mercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farrn Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 R5-6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Nome LEOPARD AGNES SIIBdE&T PROPERTY z LOCATION MAP City of Corpus Christi Exhibit A Aerial Overview 1 N Aerial Site Plan Agnes St. Existing Building 50'-1" x 68'-1" Proposed Addition Metal Building 50'-01/4"x 41'-5" Concrete Foundation Staff Recommendation Denial of the "CI" Intensive Commercial District And, in lieu thereof, Approval of the "CI/SP" Intensive Commercial District with a Special Permit subject to the following conditions: Special Permit Conditions 1. Uses. • "CI" Intensive Commercial District Uses • Repair of engines, transmissions, air-conditioning systems or radiators. 2. Limitations. All vehicle service operations on the Property shall occur within an enclosed structure. 3. Time Limit. • 12 months to submit a building permit application • Special Permit shall expire if the allowed uses are discontinued for more than six consecutive months. PLANNING COMMISSION FINAL REPORT Case No. 0616-03 HTE No. 16-10000018 Planning Commission Hearing Date: June 15, 2016 Applicant & Legal Description Owner: Jerry Zamora, JZ Auto LLC Representative: Michael Gunning Legal Description/Location: Lots 15 and 16, Block 3, Chamberlin's Subdivision, located on the northwest corner of Agnes Street and 12th Street. Zoning Request From: "IL" Light Industrial District To: "Cl" Intensive Commercial District Area: 0.14 acres Purpose of Request: To reduce setback requirements in order to allow expansion of an existing auto repair and servicing shop. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "IL" Light Industrial Commercial Medium Density Residential North "IL" Light Industrial Commercial Medium Density Residential South "IL" Light Industrial Commercial Medium Density Residential East "IL" Light Industrial Commercial High Density Residential West "IL" Light Industrial Commercial Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Central Business Development Plan and is planned for medium density residential uses. The proposed rezoning to the "Cl" Intensive Commercial District is not exactly consistent with the adopted Future Land Use Map or the Central Business Development Plan but the proposed rezoning is consistent with the plan's direction to transition away from industrial uses that are incompatible with residential uses. Map No.: 046044 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 50 feet of street frontage along Agnes Street, which is an "A2" Secondary Arterial Divided street and 125 feet of frontage on 12th Street, which is classified as a Local Residential street. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Agnes Street "A2" Secondary Arterial Divided N/A 60' ROW 45' paved N/A 12th Street Local Residential 50' ROW 28' paved 60' ROW 40' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "IL" Light Industrial District to the "Cl" Intensive Commercial District to reduce setback requirements in order to allow installation of a new metal building for an existing vehicle service business called ZAM Automotive and Transmission Repair ("ZAM"). Development Plan: The subject property is currently zoned "IL" Light Industrial District. The "IL" District has setback requirements of 20 -foot front and corner yards, five-foot side yards and a 10 -foot rear yard, as opposed to the "Cl" District which has no setback requirements. The former Zoning Ordinance, which pre -dates the UDC, did not require a rear or side yard setback in the Industrial zoning districts. Like the existing building on the subject property, it is not uncommon to find buildings in the industrial zoning districts built with zero side or rear yard setbacks. The applicant is proposing to expand its existing building, but with the limited area available on the site, the expansion can only occur toward the rear of the property and would need a zero -foot rear yard setback allowance. The rezoning to the "Cl" Intensive Commercial District, a zoning district often applied to properties in the Downtown Area, would eliminate the rear yard setback requirement and allow expansion of the existing building. Additionally, the existing building was built without side yard setbacks. A rezoning to the "Cl" District would bring the building into compliance with regard to side yard setback requirements. The building expansion would create the ability for the applicant to conduct all automotive repairs inside the building. The proposed flow of automobiles would enter on 1 2th Street and exit onto Agnes Street. Parking is already provided off-site on the adjacent property to the north. ZAM offers the following services: general auto repair, repair of radiators and air- conditioning systems, installation of remanufactured engines and transmissions, diagnosis of check engine lights, complete computer diagnostics, complete safety analysis, tune-ups, oil changes, brake system repairs, steering and suspension systems repairs, and alignments. ZAM does not do body work, any kind of painting services, or build transmissions or engines. Some of these services are categorized by the City's Unified Development Code ("UDC") as Heavy Vehicle Services as opposed to Limited Vehicle Services. Heavy Vehicle Services are not allowed in the "Cl" Intensive Commercial District but are allowed in the "IL" Light Industrial District. Existing Land Uses & Zoning: The subject property is zoned "IL" Light Industrial and consists of an automotive repair shop that offers heavy and limited vehicle services. The surrounding properties are also zoned as the "IL" Light Industrial District. To the north is Planning Commission Final Report Page 3 a lot for parking that is leased by ZAM Automotive. To the east and west are commercial uses. To the south across Agnes St. is Flash Auto Body Shop, a heavy vehicle service use. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Central Business Development Plan. The proposed rezoning to the "Cl" Intensive Commercial District may help to transition this area away from incompatible industrial uses toward uses that are medium density residential or uses that are supportive of residential uses. Additionally, the following are pertinent elements of the Comprehensive Plan and should be considered: - Plan land uses appropriately for current and future populations and support future development by making a variety of land uses available, while working to ensure compatibility between existing and future land uses, existing and planned infrastructure, and existing natural resources. (Central Business Development Plan, OBJECTIVE LU 1) - With exception to the industrial use areas permitted and depicted on the Central Business Future Land Use map, new industrial uses and outside storage uses shall be discouraged within the Plan Boundary, and existing industrial zoning or land use changes to another or expanded industrial use shall be discouraged. (Central Business Development Plan, Policy LU 1.4) - Expansion of commercial uses into or within residential areas may be permitted only if such expansion maintains or improves the residential desirability of the impacted neighborhood. (Comprehensive Plan, Commercial Policy Statement d) - Commercial Service Areas designed to serve local neighborhoods should be conveniently located and in harmony with the surrounding neighborhood. (Comprehensive Plan, Commercial Policy Statement g). Plat Status: The subject property is comprised of two platted lots. Department Comments: • While the rezoning does not match the designation for medium density on the City's Comprehensive Plan, the rezoning to a less intensive district should be considered as beneficial to the long term transition to more residential and mixed-use development in this area near the downtown. • Based on the lot configuration, the area appears to have been originally platted for residential development in 1891. At some point after the 1900s, the Tex Mex Railroad extended a rail line to the area (one block to the north) which spurred industrial development. In the last 20 years, the Tex Mex Railroad tracks were removed. • This area should be considered as being in transition toward residential or residential support uses as all of the uses on the block are commercial or residential. Only the underlying zoning of the area is "IL" Light Industrial. This block maybe be a good candidate for a city -initiated rezoning to more closely match the commercial nature of the area and to prevent any new incompatible industrial uses that could interfere with the long term transition to residential in the area. Planning Commission Final Report Page 4 • Auto repair uses provide a service-oriented use to support nearby residential neighborhoods and future potential residential redevelopment. • The proposed expansion of a vehicle service use that includes "Heavy" Vehicle Services, such as transmission, radiator, engine and air conditioning repair, is defined as a use requiring an "IL" Light Industrial District. A Special Permit to allow some of the "heavy" repair uses could be used to allow the use on the site and mitigate any negative effects that could occur to nearby commercial businesses and future residential uses. • Staff's opinion is that the vehicle service use at this location with some limited Heavy Vehicle Services would not decrease the residential desirability of this neighborhood, which is one of the findings required of the Comprehensive Plan when deciding which commercial uses to allow within designated residential areas. Planning Commission and Staff Recommendation: Denial of the rezoning from the "IL" Light Industrial District to the "Cl" Commercial Intensive District and, in lieu thereof, approval of the "CI/SP" Intensive Commercial District with a Special Permit subject to the following conditions: 1. Uses. The only uses authorized by this Special Permit other than those uses permitted by right in the "Cl" Intensive Commercial base zoning district are the general repair of engines, transmissions, or radiators and the general repair or overhaul of air-conditioning systems, which are classified as "Vehicle Service, Heavy" uses. 2. Limitations. All vehicle service operations on the Property shall occur within an enclosed structure. 3. Time Limit. In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Vote Results: For: Unanimous Against: 0 Absent: 0 Planning Commission Final Report Page 5 Public Notification Number of Notices Mailed — 17 within 200 -foot notification area 4 outside notification area As of June 21, 2016: 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: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan 3. Plat 4. Application 5. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES \2016\0616-03 J.Z. Auto, LLC (Michael Gunning)\Council Documents\Report - J.Z. Auto.docx CASE: 0616-03 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 Cl COD CR -3 FR H BP Resort Commercal Resort Commercial General Commercial General Corn me rcia I intensive Commercial Downtown Commercial ResortCam me rci a I Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 8 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 10 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home 1-7 Subject Property 0 Owners wrh 200' buffer if] favor 4 Owne s within 200' Ilsted on y Owners attached ownership tabte A in opposition CHANNEL LEOPARD SUBJECT PROPERTY LOCATION MAP City of Corpus Christi Au-lOwitrriuc 1 P-/-oE Ac -Es AGE S 1 Lu r b s d v- -•— fl 1 E5±cJ V11%1 0) 0=1 6,S ro Met., 1 5-0 "x i= 5/' • , . I 1—.(2,1Cr t-0 • ; sce. ..,,,,i eert,- i , • 1 '. 1144______ ---- : T E 2-I6-/‘• l:2 "C) t -•e4 f Lf70 re. I. f Ut, es-rec- 613Me;rifri1 A--Lvetien Corpils h NW 1 1 vif 1vt I ULAN 'S SUB -61.,510N TO CORPUS CHRISTI zees. rlillill��r ,i A 4NES TIIIr1-11i1 I �1 �:i .MARGUERITE �i L. H lila � 6E1 IT11111 d it 11111 C u _'i,1[hl� I I ( L11. l .1 )h� iLr[i, 14;,ILL, 11,34 � ['� ,'� ''' 'V 'I FIcl .L 21 it it 111 iid 4 '[1 jL (-r Ii.,iJ.Lf,_ i;id lL�„I>�. 11s t — 1 ^i1,1:144P77 ITTI , 11, la..L7.,,. 7-1 , — T, *f ,I 'J� i�iI T >yeF w Ao.ie9z�� - r� M 11l TT r�51 1 u L_IL� f 11 ' ” 1L lA ?c.a Biu' r a A GE' .4..• ,. - /.4 444 2,44 -F ary o Fc (i./ - of —/[Javvu / 6 GyUS cos, 41, 4, r a-,^ _,� r•0 h - • 1852 Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469.9277 �(361)826-3240 2 Locat01 $ treet REZONING APPLICATION Office Use Only At !i. t 20 w z b = m crtb 1.3 tb= , — rn* 3 Fy 0 4~0 y 0 � m 3 1, m0 G o brn rn .r C o _1 33 A a 3 x zi --132 Applicant, J ; Z /71i i 0 - Z o; Ontact Person : _ r� . Mailing Address: / q 0 Z 4�' ? r I -7/s' -ti State: i X ZIP: Phone: (? 6 / ) fq,61 ,q,61 7-84606 City: r i f S C -h r7 E-mail: Cell: (.?G>' ) Ft, - P) 4 g 1 2. PropertyOwner(s): ��rr^ 2, 2 M O'✓la- Contact Person :41_ t k e J G LANA,/� Coit - 3 41, 7 1, 1, `73e f 1 Mailing Address: ) 4 Z // ,2 ‹' r ( e''1- �9 City: (L f i. 4 r. 2) State: /Y ZIP:l d 4 0 / Phone: ( 36b () c i'7 - $ b 06 irfir . E-mail: Cell: (`3(/ ) 7 65 - Q 42/ 3. Subject Property Add : / 4 0 /9 P ` Area of Request (SF/acres): G; 2550 S IL Current Zoning Use: iT 2/G s %I7/ '%4 *8/P poossed Zoning & Use: 1 (Gd 1i/ e ✓G 2._ fi ---'9 _190 R y -{i ref4r /- 12 -Digit Nueces County Tax ID: L f 1 2- 0 _Q D 3- f2 L �� Subdivision Name (i4 ea/n De r ! / 4_S S ra f4 /11/1 4/ a (7 Block: 3 Lot(s): / f 0 1 La Legal Description if not platted: 4. Sub ittal Requirements_ � a IC2, ��ErEEarly Assistance Meeting: Date Held , /4 ; with City Staff %F7/0/re)/ U4d s IF ❑ ■ ❑" � Land Use Statement 0 Disclosure of interest APPLICABLE: Peak Hour Trip Form (if request is inconsistent with Future Land Metes & Bounds Description with exhibit if property includes un -platted Appointment of Agent Form if landowner is not signing this form Ifil Use r Copy of Warranty Deed Plan) land (sealed by ■ RPLS) , r /i/119u&/ "Frrre5 , '2ri97 P' Site Plan for PUD or Special Permit 0 Lien Holder Authorization I certify that I have provided the City of Corpus Christi with a complete application for review; that I am authorized to initiate this rezoning as or on behalf of the Property Owner(s), and the information provided is accurate. , `---- { Owner or Agent's Signature ApKb Sight- Owner or Agent's PnName Applicant's PrintedName Office Use Only Date Received: - `IT......." --0.4- Received By fJ / 0 ADP: a) Rezoning Fee / / a % . 50 + PUD Fee p + Sign Fee * 0 0 = Total Fee i l l e7 7. 5 0 No Signs Required 2-@ $10/sign Sign Posting Date: KADEVEIDPuENTsVcssHAREDILANODEVELOPIENMPPLICATION FOR1A51RFZONINGIZONINO APPLICATION 2016. LAND USE STATEMENT 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. Purpose: To install new metal building to rear of property to contain all repair and auto services indoors. Two to three additional lifts will be added to accommodate a more efficient operation. Zam's Automotive employs five persons. Hours of operation are from 8-5 Monday through Friday. The metal building allows the owner to enclose the existing services inside and allow a more efficient flow of autos entering on 12th Street and exiting on Agnes Street. Current Use: Auto Repair Proposed Use: Same (no expansion) Existing Blvd: 3,500 sq. ft. Proposed Bldg: 2,000 sq. ft. 2. Identify the existing land uses adjoining the area of request: North - IL - Electric Supply Dist. South - IL - Auto Body Shop East - IL - Automotive Repair Shop West - IL - Automotive Repair Shop C IUSERSTIANyAR.00uDESKTOPIDAILY USMANNMAILAND USE STATEMENT FOR ZONING. DOC APPOINTMENT OF AGENT As owner of the subject property, I hereby appoint the person designated below to act for me, as my agent in this request. Name of Agent: 1 ii.e" (2 C-7/ l f i / // /�?i r re� G1'! C ;- lir . Mailing Address: C � � � �( City: 61 pr A CA t<1 S1/. 5tatc: /i K75 Zip: 7f 41 Home Phone: (3I )P2- te? 2— Business Phone: ,IcW-f Cell: aW )737-7 31-7 I acknowledge and affirm that I will be legally bound by the words and acts of my agent, and by my signature below, I fully authorize my agent to: Be the point of contact between myself and the City of Corpus Christi; make legally binding representations of fact and commitments of every kind on my behalf; grant legally binding waivers of rights and releases of liabilities of every kind on my behalf; consent to legally binding modifications; conditions, and exceptions on my behalf; and, to execute documents on my behalf which are legally binding on me. I understand that the City of Corpus Christi will deal only with a fully authorized agent. At any time it should appear that my agent has less than full authority to act, then the application may be suspended and I will have to personally participate in the disposition of the application. I understand that all communications related to this application arc part of an official proceeding of City government and, that the City will rely upon statements made by my agent. Therefore, I agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who act in reliance upon my agent's words and actions from all damages, attorney fees, interest and costs arising from this matter. If my property is owned by a corporation, partnership, venture, or other legal entity, then I certify that I have the legal authority to make this binding appointment on behalf of the entity, and every reference herein to "I", "my", or "me" is a reference to the entity. • *Signature of Agent:r/GAG 4 Title: Printed/Typed Name of Agent:/( f (! ( t *Signature of Property Owner: ��Printed/i'ypcd Name of Property a er. erf24-41•fre.—Date:'//'//.(6 - 11/14/.') Title: Ca—'i *Signature of Property Owner: Title: PrintediTyped Name of Property Owner: Date: *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Application must be signed by the individual applicant, each partner of a partnership, or by an authorized officer of a corporation or association. D.w.IlrownAPPOINTMGNr OF AGENr2-19-09.doc DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every Question must be answered If the question is not applicable, answer with "NA". NAME:, STREET: ; L ' c ru FIRM is:°Corporation °Partnership Y CITY: Co+r'6u5 e h, atr ©Sole Owner °Association OOther. ZIP: `%a DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant CERTIFICATE I cerci that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of anyinformationrequested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: -- ' r r `"1 6, Fi (Print Name) Signature of Certifying Person: Date: S ' - K1DEVEWPMENTSVCSSHARE(N.AND DEVELOP1 JTULPPIJCAT)NN EZONING1DISCLOSURE OF INTERESTS STATEMENT 5 122015 DOC AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 12, 2016 Second Reading Ordinance for the City Council Meeting of July 19, 2016 DATE: June 27, 2016 TO: Margie C. Rose, Interim City Manager FROM: Stacie Talbert Anaya, Interim Director, Parks and Recreation Department StacieT@cctexas.com 361-826-3460 Community Enrichment Fund (4720) Appropriation CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $650,025.34 in developer contributions, other donations and interest earnings in the 4720 Community Enrichment Fund for park improvements and other related projects as described on the attached and incorporated Exhibit A. PURPOSE: To appropriate funds received from developer fees, other donations and interest earned in the Community Enrichment Fund so that the funds would be available for associated projects. BACKGROUND AND FINDINGS: The Platting Ordinance provides that, should the City accept fee in lieu of land or park development fees, the fees shall be used for the acquisition or improvement of parks most likely to serve the residents of the subdivision. The park most likely to serve a subdivision shall in no case be located more than 5 miles from the subdivision, taking into consideration factors such as the proximity of major barriers to accessibility including freeways, navigable streams and bodies of water. Community Enrichment Funds shall be used only for parkland acquisition, park development and park improvements including utility extensions required to serve recreational areas. The last appropriation of Community Enrichment Funds was approved by City Council on January 12, 2016. ALTERNATIVES: Do not collect fees in lieu of land or park development fees for the acquisition or improvement of parks. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City policy requires all funds drawn from the city treasury be appropriated by City Council before they can be expended. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $3,466,429.18 $3,466,429.18 Encumbered/Expended Amount (June 2016) 1,020,366.78 1,020,366.78 This item 650,025.34 650,025.34 BALANCE $3,096,087.74 $3,096,087.74 Fund(s): The No. 4720 Community Enrichment Fund was established to record revenues and expenditures for park land acquisition, park development, and improvement of parks. Comments: Revenues deposited to this fund for park development are 1) fees in lieu of land, and, 2) park development fee. Funds are appropriated periodically. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance with Attachment — Schedule of Appropriations — Exhibit A Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $650,025.34 in developer contributions, other donations and interest earnings in the 4720 Community Enrichment Fund for park improvements and other related projects as described on the attached and incorporated Exhibit A. Be it Ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. The City Manager or designee is authorized to execute all documents necessary to accept and appropriate $650,025.34 in developer contributions, other donations and interest earnings in the 4720 Community Enrichment Fund for park improvements, and other related projects as described on the attached and incorporated Exhibit A. Attest: City of Corpus Christi Rebecca Huerta City Secretary Nelda Martinez Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor City of Corpus Christi 4720 COMMUNITY ENRICHMENT FUND Deposits October 2015 to May 2016 Org Description To be appropriated Designated Project or Program 13436 Woodlawn/Bartholme Acre 963.14 West Guth Park 21300 Park Acq or Devel- Unrestricte 129,000.95 Major Investment Parks 21315 5 Woodbend 40,312.50 Lakeview, Candlewood, Lexington Adopt -a -Park 21336 Cole Park 257.00 Cole Park 21346 Waldron Park 21,250.00 Waldron Park 21357 HEB Park Pool & Tennis 24.54 HEB Park 21359 5 Park Development donation 625.00 Major Investment Parks 21371 Gateway Project - Ph 2 118.68 Gateway Park 21382 5 Bordeaux 21,982.65 Brockhampton, Brighton Parks 21396 Running Light/Joya Del Mar 3,750.00 Neighborhood Park 21424 Shoreline Oaks Subdivision 8,751.26 Parker Park 21432 Bayview Subdivision 625.00 Cole Park 21440 Park memorials 1,200.00 Memorials 21460 Development fees - Cm Enr Fd 96,761.24 Major Investment Parks 21627 Maples Hill 5,724.02 West Guth Park 21636 Vantage UpRvrRd/Hghwy Vlg 90,000.00 West Guth Park 21638 5 Meadow Park/Carver Addition 1,250.00 Salinas, Austin Parks 21662 Legends of Diamante 21,840.00 Hike and Bike Trails 21668 Gardendale 1,250.00 St. Andrews Park 21675 5 Don Patricio 21,346.49 Parker Park 21676 5 Vineyards 42,187.50 Hike and Bike Trails/Brockhampton 21687 Retta Place 5,880.00 Waldron Park 21698 5 Sandy Creek 22,750.00 Major Investment Park 21702 Waldron Park/Laguna Shores 625.00 Waldron Park 21708 5 Kitty Hawk 1,189.50 Neighborhood Park Total 539,664.47 21502 Beautification Promotion 125.68 21507 Ed Exchg Prog - Sister City 1,016.26 Sister City Program support 21511 Permanent Art 1,956.54 Permanent art acquisition or conservation 21511 2015 Tsfer -Permanent Art 12,820.11 21511 2014 Trsfr - Permanent Art 94,442.28 Total Contribution Total Interest & Contribution 110, 360.87 650,025.34 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of 7/12/16 Second Reading Ordinance for the City Council Meeting of 7/19/16 DATE: June 10, 2016 TO: Margie C. Rose, Interim City Manager FROM: Laura Z. Garcia, Library Director lauraga@cctexas.com 826-7070 Ordinance for Texas State Library and Archives commission (TSLAC) grants. CAPTION: Ordinance authorizing the City Manager or designee to execute documents, to apply for and accept grants and reimbursements from the Texas State Library and Archives Commission (TSLAC); and to appropriate funds from TSLAC in the No. 1068 Library Grant Fund for said City programs. PURPOSE: To streamline the approval and appropriation process for TSLAC grant and reimbursement applications. BACKGROUND AND FINDINGS: For many years the City has applied for and received grants and reimbursements from the Texas State Library and Archives. ALTERNATIVES: Do not approve ordinance. OTHER CONSIDERATIONS: This ordinance would reduce number of agenda items. CONFORMITY TO CITY POLICY: Council appropriates reimbursements and grant awards. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Finance None FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None. RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance. Ordinance Authorizing the city manager or designee to execute documents to apply for and accept grants and reimbursements from the Texas State Library and Archives Commission (TSLAC); and to appropriate funds from TSLAC in the No. 1068 Library Grants Fund for said City programs. Whereas, the City has for many years applied for and received grants and reimbursements from Texas State Library and Archives Commission (TSLAC); Whereas, the City Council desires to streamline the approval and appropriation process for these grant and reimbursement applications; Whereas, the purpose of this ordinance is to address the following standard procedures related to these grants and reimbursements subject to verification by the Department of Finance that any required City matching funds and in-kind funding have been budgeted and appropriated in the Library department budget for such purpose: 1) approve the submission of grant and reimbursement applications, 2) grant authority to accept the award to the City Manager or designee, 3) grant authority to accept changes in award amount 4) establish the accounting fund/org number; and, 5) appropriate the grant or reimbursement funds, if awarded. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City Manager or designee is authorized to submit applications each fiscal year and execute all documents to accept grants and reimbursements from the Texas State Library and Archives Commission (TSLAC). This authorization is subject to verification by the Department of Finance that any required City matching funds and in-kind funding, if any, are appropriated in the Library department budget for such purpose. Section 2. Each fiscal year, should funding be awarded, upon execution of the grant or reimbursement agreements, that the grant or reimbursement funds awarded by the Texas State Library and Archives Commission (TSLAC) shall be deemed appropriated in the No. 1068 Library Grants Fund said funds may be spent by the Library Department for their intended purposes upon receipt of funding. Section 3. That the City Manager is authorized to establish necessary grant accounts for the appropriation, segregation, and expenditure of grant or reimbursement funds received by the Texas State Library and Archives Commission. Section 4. That the City Manager is authorized to execute contract amendments pertaining to these funds in the following instances: a) for carry-over funds, when ascertained and approved by the funding agency through a revised notice of award; b) for amendments which will provide supplemental grant funds in amount not to exceed 1 20% of the original grant; c) for reimbursement increases of administration funds for each participant served; d) for amendments to comply with applicable State of Federal laws and regulations; and e) for amendments which do not change the essential purpose of the grant. 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016,by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 3 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of 7/12/16 Second Reading Ordinance for the City Council Meeting of 7/19/16 DATE: TO: FROM: June 10, 2016 Margie C. Rose, Interim City Manager Laura Z. Garcia, Library Director lauraga@cctexas.com 826-7070 Ordinance for William T. Neyland estate royalties. CAPTION: Ordinance authorizing City Manager or designee to appropriate royalties received from oil, gas, and mineral interests bequeathed to the Corpus Christi La Retama Central Library by William T. Neyland into the Library Grants fund No 1068. PURPOSE: To streamline the approval and appropriation process for William T. Neyland estate royalties. BACKGROUND AND FINDINGS: The City has received royalties from oil, gas, and mineral interests since 2006. ALTERNATIVES: Do not approve ordinance. OTHER CONSIDERATIONS: This ordinance would reduce number of agenda items. CONFORMITY TO CITY POLICY: Council appropriates royalties. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Finance. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None. RECOMMENDATION: Staff recommends appropriation of funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Authorizing City Manager or designee to appropriate royalties received from oil, gas, and mineral interests bequeathed to the Corpus Christi La Retama Central Library by William T. Neyland into the Library Grants fund No 1068. Whereas, William T. Neyland bequeathed oil, gas, and mineral interests to the La Retama Library; Whereas, the City of Corpus Christi Library will continue to receive royalties from oil, gas, and mineral interests bequeathed by William T. Neyland; Whereas, the City Council desires to streamline the appropriation process for these funds; and Whereas, the purpose of this ordinance is to address the following standard procedures related to appropriation of these cash distribution in the Library: 1) the City Manager or designee has the authority to establish the accounting fund/org number; and, 2) appropriate the cash distribution. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. Each fiscal year royalties received from oil, gas, and mineral interests, bequeathed to the Corpus Christi Library by the Estate of William T. Neyland, shall be deemed appropriated in the No. 1068 Library Grants Fund and said funds may be spent on the La Retama Central Library. Section 2. That the City Manager is authorized to establish necessary fund accounts for the appropriation, segregation, and expenditure of funds received from oil, gas, and mineral interests bequeathed to the Corpus Christi Library by the Estate of William T. Neyland. 1 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016,by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 2 AGENDA MEMORANDUM First Reading for the City Council Meeting of July 12, 2016 Second Reading for the City Council Meeting of July 19, 2016 DATE: July 6, 2016 TO: Margie C. Rose, Interim City Manager FROM: E. Jay Ellington, Interim Assistant City Manager jayellQcctexas.com 361-826-3232 Incorporation of City Council's requested changes to the City's vehicle for hire ordinance. CAPTION: Ordinance Amending Chapter 57, Article II "TAXICABS" of the Corpus Christi Code; Amending Chapter 57, Article IIIA "LIMOUSINE AND SIGHTSEEING SERVICE" of the Corpus Christi Code; amending Sec. 57-284. - Transportation network company permit fee and Sec. 57-294. - Transportation network vehicles—Inspections of the Corpus Christi Code; providing an effective date, severance, penalty, and publication. PURPOSE: This ordinance will incorporate changes to the City Code of Ordinances Chapter 57 requested by City Council during a series of 3 "D" discussions regarding vehicles for hire. BACKGROUND AND FINDINGS: On May 10th 2016 City Council passed ordinance #030788 which provides regulations for Transportation Network Companies to operate in Corpus Christi. To ensure the competitive equity of Taxi Cab Companies operating in Corpus Christi, City Council directed City Staff to bring forward the Vehicle for Hire Ordinance for revision. ALTERNATIVES: Make no changes to Chapter 57 OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Not Applicable EMERGENCY / NON -EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Police Department Legal Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital x Not applicable Fiscal Year: 2015-2016 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Accept the attached revisions to Chapter 57 LIST OF SUPPORTING DOCUMENTS: Ordinance — Vehicle for Hire Ordinance Amending Chapter 57, Article II "TAXICABS" of the Corpus Christi Code; Amending Chapter 57, Article IIIA "LIMOUSINE AND SIGHTSEEING SERVICE" of the Corpus Christi Code; amending Sec. 57-284. - Transportation network company permit fee and Sec. 57-294. - Transportation network vehicles—Inspections of the Corpus Christi Code; providing an effective date, severance, penalty, and publication. SECTION 1. Chapter 57, Article II "TAXICABS" is revised to read as follows: ARTICLE II. - TAXICABS DIVISION 1. - GENERALLY Sec. 57-20. - Definitions. The following terms, as used in this article, article III, and article IIIA, shall have the meanings respectively ascribed to them: Business days: The official working days of the City of Corpus Christi not including weekends or public holidays. Certificate: A certificate authorizing taxicab or vehicle for hire service in the City of Corpus Christi issued pursuant to this article. Driver or chauffeur: Shall be held to include every person in actual charge of the operation of a taxicab or vehicle for hire, whether he is the owner or is an agent, servant or employee of the owner. For hire: For money or other thing of value, gratuities, tips and free-will offerings, whether paid directly or indirectly, as compensation or consideration for services rendered. Mobile data terminal or MDT: A computerized GPS dispatch system terminal that is mounted in the vehicle to allow for dispatching of taxicabs. Owner: Any person, firm, corporation, association, partnership or society who holds a valid and current certificate and who has the control, direction, maintenance and the benefit of the collection of revenue derived from the operation of one (1) or more taxicabs on or over the streets or public ways of the city, whether as owner or otherwise. Taxicab: Every automobile or motor -propelled vehicle used for the transportation of passengers for hire over the public streets of the city and not over a defined or fixed route, irrespective of whether or not the operations extend beyond the city limits, at rates for distance traveled, for waiting time, for both or at rates per hour, per day, per week or per month under circumstances that such vehicle is routed under the direction of the passenger hiring same. The term "taxicab" does not include Transportation Network 1 Vehicles or Limousines. The term "taxicab" does not include driverless vehicles nor does it include vehicles operated exclusively under any special certificate carrying to or from any municipal airport of the city to any point within the city or through any part of the city, but the provisions relating to drivers shall apply to all vehicles operated under special certificate, as well as other vehicles included herein, when a driver is furnished. Taxicab stand: A public place alongside the curb or curbline of a street which has been designated by the city traffic engineer as reserved exclusively for the use of taxicabs in accordance with the provisions of this article and the traffic ordinances of the city. Taximeter: A machine adapted automatically to calculate at a predetermined rate and to register the charge for hire of a taxicab, and such charges shall be indicated numerically. Vehicle for hire: Shall mean every chauffeured vehicle, other than mass transit vehicles or vehicles involved in an organized car pool not available to the general public, which operated for any fare or compensation and used for the transportation of passengers over city streets. Such vehicles shall include but not be limited to taxicabs, buses, vans, motor coaches, limousines, classic vehicles, luxury vehicles, horse-drawn carriages and pedicabs. Waiting time: Such time as may be consumed or lost at the special instance and request of a passenger after such passenger has first entered the taxicab to make a trip and before reaching his final destination; and no charge shall be made against a passenger for any time lost on account of any other delay whatsoever. Sec. 57-21. - Enforcement and administration—Generally. Enforcement and administration of the provisions of this article and the supplemental regulations for taxicabs at the Corpus Christi International Airport shall be a function of such officers and employees of the city as may be designated by the city manager. The designated employees shall exercise powers and promulgate rules necessary to enforce the provisions of this article. Sec. 57-22. - Same—Police assistance. The taxicab inspector and such other employees as are designated by the city manager or his designee may call upon the police department of the city for cooperation in enforcing the provisions of this article, and it shall be the duty of the chief of police to direct the members of the police department to give such cooperative action as requested, and it shall further be the duty of all police officers of the city to make investigations of violations of this article and to make arrests for violations of this article committed in their presence in the same manner as for violations of the traffic ordinances of the city. 2 Sec. 57-23. - Taxicab inspector—Appointment. Taxicabs and vehicles for hire shall be under the supervision of the taxicab inspector of the city, who shall be appointed with the approval of the city manager. Sec. 57-24. - Same—Duties generally. It shall be the duty of the taxicab inspector to receive all applications for certificates to operate taxicabs and vehicles for hire and to receive all other applications under this article, conduct hearings thereon, from time to time inspect the operations of taxicabs and vehicles for hire; inspect the taxicab and vehicles for hire vehicles within the city; enforcement of city ordinances and such other duties as may be required of him in connection with the taxicab and vehicle for hire operations. Sec. 57-25. - Same—Records and reports; action to suspend or revoke privilege; records and reports by others. The taxicab inspector shall establish, maintain and keep a system of records showing whether the holder of any certificate to operate a taxicab or vehicle for hire in the city has been guilty of a breach of any condition of such certificate or has failed to comply in any material manner with the terms and stipulations thereof, and the taxicab inspector shall take action when, in his opinion, the certificate of any such operator should be suspended or revoked or penalties imposed on the holder under all the facts and circumstances reflected by the records. The records to be kept by the taxicab inspector as to performance of certificate holders shall include, but without limitation, records of charges, convictions, reprimands, warnings, and observations of officers and employees of the city concerning the performance of any certificate holder or employee of such holder. Sec. 57-26. - Certificate holder and driver to comply. (a) Certificate holder. In the operation of a taxicab or vehicle for hire service, a holder shall comply with the terms and conditions of this article and regulations established under this article and be responsible for all vehicles authorized to operate under the holder's certificate. (b) Driver. While on duty, all drivers shall comply with this article, regulations established under this article, other law applicable to the operation of a motor vehicle in this state, 3 and orders issued by the holder employing or contracting with the driver in connection with the holder's lawful discharge of his duty under this article. Sec. 57-27. - Certificate holder's duty to enforce compliance by drivers. (a) A holder of a valid and current certificate shall establish policy and take action to discourage, prevent, or correct violations of this chapter by drivers, who are employed by or contracting with the holder. (b) A holder shall not permit a driver who is employed by or contracting with the holder to drive a taxicab or vehicle for hire if the holder knows or has reasonable cause to know that the driver has failed to comply with the rules and regulations established by this article. (c) Any failure to comply with regulations established under this article shall be cause for suspension or revocation of the certificate authorizing the holder to operate a taxicab or vehicle for hire service within the city. Sec. 57 28. Contract driver. (a) Ccrtificate holdcrs may contract with a drivcr, but only if thc contract: taxicab or vehicle for hire driver shall indemnify the city and hold the city conduct of the driver, operation of business, condition or operation of vehicle or (2) Provides that any taxicab operated pursuant to such contract be properly licensed, be in good working order and be equipped with a two way (3) Provides that the driver agrees to operate the taxicab or vehicle for hire and conduct himself in compliancc with the Code of Ordinances of the City of Corpus Christi includcd but not limited to Article II, Taxicabs; Division /1, Vehicles; Division 5, Drivers; Division 6, Taximeters, Fares; and driver will constitute a breach of contract with thc certificatc holder. (b) The contract bctwecn a holder and drivcr must be consistent with regulations cstablished under this chaptcr. The certificatc holder must provide contracts upon regulations esta-bl+shcd under this chapter is subject to suspension or revocation. 4 Sec. 57-1-9 2b. - Suspension and revocation of certificate. Any certificate may be either suspended for any period of time not to exceed six (6) months or revoked by the taxicab inspector. (1) The taxicab inspector shall suspend or revoke a certificate if it is determined that the holder has: a. Failed to comply with a correction order issued to the holder by the taxicab inspector or his designee, within the time specified in the order; or b. Intentionally or knowingly impeded the city manager or his designee, the taxicab inspector or a law enforcement agency in the performance of their duties; or c. Failed to comply with the requirements established in this article in any way; or d. Been convicted for violation of another city, state or federal law, which violation reflects unfavorably on the fitness of the holder to perform a public transportation service; or e. Substantially breached the terms of the certificate; or f. Failed to pay city ad valorem taxes, when due, on all vehicles and other equipment used in connection with the taxicab service; or Failed to pay the street use Certificate of operation fee at the time it is due. g. (2) Every suspension or revocation of the certificate shall be in writing, dated and shall state the reason for such suspension or revocation. Such notice shall immediately be sent to the holder of such certificate. Such order of suspension or revocation shall be effective as of the date of such notice; provided, however, that the holder whose certificate has been suspended or revoked may within five (5) business days after the date of such notice appeal to the city manager or his designee for reinstatement by a request in writing for such relief. The city manager or his designee shall set a date not later than fifteen (15) business days following receipt of the notice of appeal for hearing and after such hearing sustain or reverse the suspension or revocation. If no appeal is taken within the time and by the method hereby provided, then the order of suspension or revocation by the taxicab inspector shall be final. (3) A suspension of a certificate shall not affect the expiration date of the certificate. (4) Upon revocation of a certificate, said holder shall be ineligible for a new certificate for a period of two (2) years. Reinstatement. After suspension of a permit, a holder may file with the city manager or his designee a written request for reinstatement. The taxicab inspector shall inspect the operation of the suspended holder to determine if the deficiency causing the suspension has been corrected by the holder. After inspection, the taxicab inspector shall submit his recommendation together with (5) 5 supporting facts to the city manager. The city manager or his designee may as he determines appropriate, reinstate the certificate or deny reinstatement. Sec. 57-29. - Reserved. DIVISION 2. - CERTIFICATE, FEES, BUSINESS REGULATIONS Sec. 57-30. - Certificate, license and permit required. It shall be unlawful for any person to drive or operate or to cause to be driven or operated any taxicab upon or over any street or thoroughfare in the city unless the owner or operator thereof has first secured a certificate from the city to operate a taxicab and the required license and permit to operate such vehicle under this article has been issued. Sec. 57-31. - Certificate application—Requisites, filing. Every person proposing to operate a taxicab service in the city shall make application in writing on forms provided by the city requesting a certificate pursuant to the terms of this article for such proposed taxicab service. Such application for certificate to operate a taxicab service shall be verified under oath and shall be filed in triplicate of noticcs as rcquircd in this articic. Sec. 57-32. - Same—Information to be given. Every application for a certificate under this article shall include the following information: (1) The name and address of the applicant. (2) A sworn statement by the applicant (which term shall include every person with a ten (10) per cent or greater ownership interest in the applicant) that there does not exist any unsatisfied final judgment against the applicant or any entity in which the applicant has or, at the time of judgment, had a ten (10) per cent or greater ownership interest, which judgment arose out of the operation of a taxicab business. 6 (3) Experience of the applicant in the transportation of passengers. (4) Whether the applicant has been convicted of criminal offenses listed by the city manager or his designee as reflecting unfitness to operate a public transportation service. (5) The minimum and maximum number of taxicabs proposed to be operated by the applicant. issuancc of a ccrtificatc shall be at (cast one (1). (6) Location of proposed base of operations in a location other than a dwelling. The color siccheme–and insignia to be used to designate the vehicles of the applicant, which shall be distinct and unique from any other taxi company currently operating. (8) The model year, make current license number, and vehicle identification number of each taxicab the applicant expects to use in its operation. Proof that he has in effect required insurance covering operations under the certificate. (7) (9) (10)The public telephone number to be used by the public to request service. (11)A description of the dispatch system to communicate requests from prospective passengers to the taxicab driver. continn 57_36 Sec. 57-33. - Same—Consideration of application or reapplication. When application for a certificate has been made, the city manager or his designee shall determine if the applicant has complied with the provisions of this article. The matter of determining whether the applicant has complied with the provisions of this article may be referred to the taxicab inspector for his advisory finding on such matter, and the taxicab inspector is authorized to hold such hearings as will give all interested parties an opportunity to present evidence on the question. Sec. 57 34. Reserved. Sec. 574534. - Same—Issuance. If it is determined from the investigation and hearing that the applicant has complied with the provisions of this article, a recommendation shall be made to the city manager or his designee that a certificate to operate taxicab service in the city be granted for a term not to exceed five (5) of 1 year:. from the date of issuance specifying the maximum number of taxicab vehicles which may be operated by the certificate holder during the five -1 year term. The applicant shall be notified of such recommendation. Certificates granted prior to July 1, 2016 shall remain in effect until the expiration of the certificate or renewal. Sec. 57-36. Taxicab street use fee. (a) Each owncr holding a ccrtificatc to operatc a taxicab upon thc strccts within thc city taxicab strcct usc fcc, thc maximum numbcr of vchicics shall bc no lowcr than fivc (b) Notwithstanding thc provisions of scction 57 35 a ccrtificatc holdcr may, upon writtcn requcst to the city manager or his dcsigncc, apply to incr se or decr sc MIN following consccutivc twclvc month period of thc rcmaining tcrm of thc currcnt ccrtificatc. (c) The number of vehicics in service by a certificate holder shall not exceed thc maximum numbcr of vchicics authorizcd to bc operatcd undcr such ccrtificatc. per ccnt latc fcc shall bc applicd to any strcct usc fcc submittcd past thc cstablishcd dcadlincs. willfully filc any false statements, the same shall be cause for a suspension or rcvocation of thc ccrtificatc authorizing thc holdcr to operatc a taxicab scrvicc within thc city. Sec 57-35 - Certificate of operation fee (a) Applicant shall elect the fee imposed for a Certificate issued pursuant to this article at the time of application or renewal. The fee imposed for a Certificate issued shall be in an amount equal to 2% of the annual gross receipts for the operation of each taxi operated in the City for the Certificate holder or based on the number of authorized taxis operating in the City for each quarter as shown below: (i) $400 quarterly for four or fewer taxis 8 (ii) $800 quarterly for five to eight taxis. (iii) $1,200 quarterly for nine to twelve taxis (iv) $1,600 quarterly for thirteen to sixteen taxis. (v) $2,000 quarterly for seventeen to twenty taxis (vi) $2,400 quarterly for twenty-one to twenty-four taxis (vii) $2,800 quarterly for twenty-five to twenty-eight taxis (viii) $3,200 quarterly for twenty-nine to thirty-two taxis (ix) $3,600 quarterly for thirty-three or more taxis (b) The Certificate of operation fee shall be paid quarterly as follows: on or after January 1 and before January 10; on or after April 1 and before April 10; on or after July 1 and before July 10; on or after October 1 and before October 10. (c) (1) 2% of Annual Gross Receipts -The initial payment for a fee based on 2% of Annual Gross Receipts shall cover the period beginning from the date the certificate was issued to the Certificate holder. Upon the submission of each quarterly payment, the Certificate holder shall file with the taxicab inspector a financial report itemizing the components of the Certificate holder's gross receipts for the payment period. All Certificate holders shall utilize any forms promulgated by the taxicab inspector for the submission of the required financial reports and shall submit the financial reports in accordance with any instructions, rules, or regulations promulgated by the taxicab inspector. (2) Number of Authorized Taxis - The initial payment for a fee based on the number of authorized taxis shall be prorated to cover the period beginning from the date the certificate was issued to the certificate holder. (d) Upon 10 days' notice to the certificate holder, the taxicab inspector shall have the right to inspect the certificate holder 's records the taxicab inspector deems necessary and appropriate to determine that the certificate holder is in compliance with the requirements of this section. (e) A certificate holder may, upon written request to the Taxi Inspector, apply to increase or decrease the maximum number of vehicles authorized to be operated during the remaining term of the current certificate. (f) If the holder of the certificate shall fail to comply with any requirement herein or shall willfully file any false statements, the same shall be cause for a suspension 9 or revocation of the certificate authorizing the holder to operate a taxicab service within the city. (q) The fees established in this section shall be payable in addition to any other applicable fees imposed by this Code or other ordinances of the city. (h) Certificates holders with a current certificate issued prior to July 1, 2016 may elect -to pay the city each three-month period as a certificate of operation fee an amount equal to one hundred dollars ($100.00) times the maximum number of vehicles authorized by a current and valid certificate. For the purpose of calculating the certificate of operation fee, the maximum number of vehicles shall be no lower than five (5). Sec. 57473 . - Payment of taxes, fees, etc. It shall be the duty of every owner of any taxicab operated within the city to render for and pay all ad valorem taxes to the city for all vehicles and other equipment used in such business, and a failure to render for and to pay such ad valorem taxes to the city, twenty or failure to pay any other fees, licenses or charges to the city before they become delinquent shall, if not paid after written notice of default, operate as a revocation of any certificate, license or permit authorizing the operation of taxicabs over the public streets, alleys and ways of the city. Sec. 57- . - Report as to drivers in charge of particular taxicabs. The owner of any taxicab used in the business of carrying passengers for hire upon the streets of the city and which is licensed to carry on such business shall, upon request of the taxicab inspector, report the drivers who are in charge of the particular cars at a specified time. Sec. 57- . - Records in connection with calls. Every holder of a certificate and owner or operator of a taxicab shall keep accurate records relating to calls received and services performed, the time of such calls or services, the name of the driver performing the service or making the service call, the place of such call and the time of return from such call; and access to such records shall be given to the taxicab inspector or the chief of police; and every refusal to give such records or furnish information kept regarding such matters shall be and is hereby made a misdemeanor and may additionally result in a suspension or revocation of certificate. 10 Sec. 57-439. - Responsibility of each person in engaging a taxicab or vehicle for hire. By taking any action in connection with this article II, article III and article IIIA on taxicabs or any vehicle for hire (including, but not limited to, inspections, investigations, administration, enforcement, recordkeeping, and the granting, suspension and revocation of certificates, licenses, and permits), the city and its agents and employees do not in any way represent or undertake to represent the fitness of any taxicab, driver, or aspect of the taxicab business, and it shall be the sole responsibility of each person to decide whether to engage or use a taxicab or vehicle for hire without relying on any action of the city. Secs. 57- —57-55. - Reserved. DIVISION 3. - FINANCIAL RESPONSIBILITY Sec. 57-56. - Liability insurance—Generally. Before any license or permit shall be issued to any owner or operator of a taxicab or before any renewal of a license or permit shall be granted, the owner or operator shall be required to file a certificate of insurance with the taxicab inspector and thereafter keep in full force and effect a policy of auto liability insurance with a company duly authorized to do business in the State of Texas and performable in the county, insuring the public against any loss or damage that may result to any person or property from the operation of such vehicle; provided, that the maximum amount of recovery in such policy of insurance specified shall not, for each vehicle, be less than fifty thousand dollars ($50,000.00) for injury or death of one (1) person and one hundred thousand dollars ($100,000.00) for injuries or deaths in any one (1) occurrence; and not less than twenty- five thousand dollars ($25,000.00) for injury to or destruction of property in any one occurrence; Each insurance policy shall require notice from the insurer to the city at least ten (10) days before any such policy is to be terminated for any reason by the insurer or by the insured. So as to adequately protect the City of Corpus Christi and its residents, the risk manager shall have the authority to adjust auto liability insurance coverage limits in accordance with section 17-19 of this Code of Ordinances. Sec. 57-57. - Same—Continuing liability of insurance. All policies of public liability insurance shall contain a provision for continuing liability thereon up to the full amount thereof, notwithstanding any recovery thereon. 11 Sec. 57-58. - Nonliability of city for pecuniary responsibility. Neither the city nor any officer thereof shall be held liable for the pecuniary responsibility or solvency of any certificate holder or insurer or in any manner become liable on account of any act or omission relating to the operation of a taxicab or vehicle for hire. Secs. 57-59-57-74. - Reserved. DIVISION 4. - VEHICLES Sec. 57-75. - License required. It shall be unlawful for any person to drive or to operate or to cause to be driven or operated any taxicab upon or over any street in the city unless there has been obtained for such taxicab and existing in full force and effect a license duly issued by the taxicab inspector as provided in this division. However, for inspection purposes, an employee of the company may bring the taxicab for inspcctions to thc dcsignatcd inspcction point or for maintcnancc purposcs an cmploycc of thc company may drivc a taxi on city strcctc with thc off duty sign on thc dashboard. Sec. 57-76. - Prerequisites to issuance of license. Upon obtaining a certificate to operate a taxicab service in the city as provided in this article, the holder shall make application to the taxicab inspector for a license to be issued for each vehicle to be operated as a taxicab. The application shall bc Prior to the issuance of a license for a taxicab, inspcction of thc vchicic to dctcrminc certificate holder must provide documentation demonstrating that it the vehicle complies with the requirements of this article and the regulations promulgated pursuant thereto. In thc cvcnt a vchicic fails to pass this inspection fee. After the ten (10) busincss day reinspection period has lapsed, an additional fiftccn dollar ($15.00) inspcction fcc per vchicic to bc liccnscd will bc applicd. 12 Sec. 57-77. - Nontransferability of license. No license issued under the terms of this division shall be transferred to any other vehicle. No license shall be used for the operation of any vehicle under the provisions of this division except for the vehicle for which the license was issued. Each license shall be valid for so long as the vehicle remains in service as a taxicab and complies with the continuing requirements of this division and the regulations promulgated pursuant thereto. Sec. 57-78. - Posting license. The license issued for the operation of a taxicab under the terms of this division shall be posted within the taxicab in a conspicuous place. Sec. 57-79. - Contents of license. The license shall state the year in which the license is issued and the name of the owner of the vehicle. It shall designate that the vehicle is a "taxicab," shall state the make of the vehicle, the vehicle identification number of the vehicle and current license number of the vehicle and shall further state that the owner or operator of the vehicle has deposited with the city a certificate of insurance providing for the protection of the passengers thereof and of the general public as provided for in this article, and the license shall be signed by the taxicab inspector of the city. Persons desiring to file complaints or comments concerning the operation or condition of a taxicab may refer to the contents of the license to note pertinent information and forward such complaints or comments to the taxicab inspector at the address indicated on the license. Sec. 57-80. - Inspections—Generally. It shall bc thc duty of thc taxicab inspcctor to inspcct cvcry liccnscd taxicab or vchicic for hirc on an annual basis for thc purposc of dctcrmining whcthcr such vchicic dcscribcd in scction 57 87. The ccrtificatc holdcr shall submit such vchicic to thc taxicab by thc taxicab inspcctor shall be placcd on thc vchicic's windshicld stating thc datc and without thc scal of thc taxicab inspcctor indicating currcnt inspcction. If thc taxicab to bc uscd as a taxicab, he shall rcmovc thc inspcction scal and ordcr such vchicic not to 13 bc uscd as a taxicab until thc dcfcct so discovcrcd shall bc rcmcdicd. Aftcr thc owncr of such vehicle has remedied the defect, he shall again offer the same for inspection, and if thc taxicab inspcctor shall find such vchicic to bc safc and acccptablc for public usc, he initial inspcction, thc ccrtificatc holdcr shall havc tcn (10) busincss days to rcmcdy any additional inspcction fcc. Aftcr thc tcn (10) busincss day rcinspcction period has lapscd 11 applicd. Nothing containcd hcrcin, howcvcr, shall prcvcnt thc taxicab inspcctor from power so to do, and upon finding such taxicab to be in a defectivc, unsafe or taxicab discontinucd until thc taxicab is approvcd and thc inspcction c al placcd on thc windshield. (a) A taxi must have a valid State of Texas registration sticker. (b) An offense under this section shall be punishable by a fine of not less than $250.00, nor more than the maximum amount established by law, for each violation.. Sec. 57 81. Same Right of appeal from decision of inspector. dcsigncc within tcn (10) busincss days from thc datc of such finding and ordcr, and thc fiftccn (15) busincss days h ar such appeal and shall cithcr sustain, modify or rcvcrsc thc dccision of thc taxicab inspcctor. If no app takcn from thc dccision of thc taxicab fin . Sec. 57- . - Operation of taxicabs. No taxicab for which a license shall have been issued shall be operated by anyone except a driver properly permitted to operate a taxicab under this article, except for inspection and maintenance purposcs as prcscribcd in scction 57 75. 14 Sec. 57- . - Identification on taxicabs. (a) Every taxicab shall display, as provided by rule, consistent and distinctive signage at all times while being operated as a taxi. The distinctive signage shall be sufficiently large and color contrasted (i) as to be readable at a distance of at least 50 feet, and (ii) to identify a particular vehicle associated with a particular Certificate holder. Acceptable forms of distinctive signage include, but are not limited to, symbols or signs on vehicle doors, roofs, or grilles. Magnetic or other removable distinctive signage is acceptable. Certificate holders shall file an illustration of their distinctive signage with the taxicab inspector for approval. (b) A taxi shall display a consistent and distinctive emblem at all times while being used to provide vehicle for hire transportation services. The taxicab inspector is authorized to specify, by rule, the manner of display, method of issuance, design and contents of such emblem. havc placcd on thc front door or pancl on cach sidc of thc cab thc namc of thc owncr or thc assumcd namc undcr which thc owncr operatcs, togcthcr with thc company's Icttcring mcntioncd in this scction shall not bc Icss than two and one half (2%) inchcs in Sec. 57 84. Signal indicating occupancy of taxicab. Thcrc shall bc affixcd on thc outsidc top and front portion of cach taxicab an cicctrio pcoplc on thc strcct or sidcwalks in thc vicinity of such taxicab, and whcn a passcngcr dcvicc shall bc placcd in such position as to dcnotc that such taxicab -is cmploycd. Sec. 57-8583. - Dispatch communication system. drivcr of thc taxicab to rcccivc rcqucsts for scrvicc from thc public using thc busincss tcicphonc numbcr of thc taxicab scrvicc and to respond or communicatc such circumstances which render the taxicab unable to respond to such requests for thc public. Taking or making ccll phonc calls or tcxting is prohibitcd with a passcngcr in thc vchicic. 15 (a) (b) A certificate holder or driver shall not monitor the radio frequency of another holder for the purpose of responding to a call for taxicab service dispatched by the other holder's taxicab service. Sec. 57- . - Taxicab stands—Use relations. Taxicab stands shall be occupied only by taxicabs having licenses in good standing. Vehicles shall be in numbers in accordance with the number of spaces designated at the respective locations. It shall be the duty of the city to place signs bearing the number of spaces of each taxicab stand. No vehicle other than a licensed taxicab shall be permitted to stop, stand or park for any purpose in any designated and established taxicab stand. All taxicab or vehicle for hire vehicics shall be determined to be in a safc, acceptablc condition by thc taxicab inspcctor. Thc taxicab inspcctor shall pass a vchicic for inspcction whcn thc following minimum standards arc mct: (a) Operational condition: to horsc drawn carriagcs and pcdica-s); (2) Shall bc frcc of cxccssivc visiblc cxhaust, cxccssivc cnginc noisc and rcadily idcntificd mcchanical dcfccts including but not limitcd to thc brakc systcm, transmission systcm, ignition systcm, air conditioning and hcating (b) Extcrior condition: (1) The body and trim shall be intact, not have excessive dents or bent out of not impcdcd thc safc operation of thc vchicic. (2) Thc cxtcrior paint shall bc frcc of rust, flakcd or scrapcd arcas. (3) Thc windshicld shall bc frcc of crackcd glass. (c) Interior condition: (1) Thc intcrior shall bc frcc of dust, dirt, rubbish, and bc othcrwisc cican and sanitary. (2) Thc intcrior paint shall bc frcc of rust, flakcd, or scrapcd ar 16 ('I) The interior trunk shall be cican, sanitary, and free of dcbris. Sec. 57- . - Age of vehicle. The certificate holder shall not allow a vehicle in his or her taxicab service to be more than six (6) 7 years old at the time it is placed into service, nor more than tcn (10) years old while it is maintained for service. The age of the vehicle shall be calculated from January 1 of the model year of the vehicle. No vehicles which are more than 10 years old, as calculated above, may be used as taxicab vehicle. Exception : No vehicles modified with specialized access equipment to service persons with disabilities which are more than rtccn (15) years old, as calculated above, may be used as taxicab vehicle. Vehicles modified with specialized access equipment to service persons with disabilities which are more than 10-j years old must pass an annual physical and mechanical inspection at a location to be designated by the taxi inspector. Vehicles modified with specialized access equipment to service persons with disabilities which are more than :en (10; years old must be approved by the taxi inspector. (2) Vehicles registered as "Classic" which have valid State of Texas registration sticker may be used as taxicab vehicle. Classic vehicles must be approved by the taxi inspector. Secs. 57- 8b-57-95. - Reserved. DIVISION 5. - DRIVERS Sec. 57-96. Taxicab Vehicle for hire driver's permit required; permit fee. (a) Every person desiring to drive a taxicab or vehicle for hire in the city shall apply for and obtain a taxicab c vehicle for hire driver's permit from the taxicab inspector. It shall be unlawful for any person holding a certificate for the operation of a taxicab service in the city to permit any person to drive a taxicab or vehicle for hire unless such person shall have a driver's permit in good standing duly issued by the taxicab inspector, with the exception of inspection purposes under section 57 75. (b) The fee for an original, renewal or transfer taxicab or vehicle for hire driver's permit is a nonrefundable fifty dollars ($50.00) and shall be paid at the time the permit 17 application is filed with the taxicab inspector. The fee for a replacement permit is twenty dollars ($20.00). Sec. 57-97. - Application for taxicab or vehicle for hire driver's permit. (a) To obtain a city taxicab or vehicle for hire driver's permit, each person shall make a sworn written application to the taxicab inspector, which application shall be made upon the form provided and shall contain the following information: (1) The name, age and address of applicant. (2) The name of the business or person by whom the applicant expects to be or is contracted with. (3) The applicant's place of residence for the past five (5) years. Applicant must be a resident of Corpus Christi, Nueces County or the contiguous counties bordering Nueces County for three (3) months. (4) A full description of the applicant, including his height, weight, color of eyes and hair, distinguishing body features or marks, a full set of applicant's fingerprints and four (4) current passport photos of applicant. Taxi inspector shall have the authority to determine acceptable photographs. Whether applicant has had experience driving a taxicab or vehicle for hire or in a related type of work. (6) Whether applicant has ever been convicted of or charged with a felony or misdemeanor and, if so, full information concerning the same. Whether applicant has been convicted of or charged within the past three (3) years of a traffic law violation and, if so, full information concerning the same. The applicant shall execute a release authorizing law enforcement agencies, to the extent lawful, to furnish all his criminal history information record to the taxicab inspector, and authorizing release by the taxicab inspector to the prospective taxicab or vehicle for hire company. The taxicab inspector may establish the reasonable time periods for which different kinds of criminal history information is required to be furnished. (5) from a local physician, which ccrtificatc shall ccrtify that applicant docs not suffcr in a safe manner upon the streets of the city; such medical report shall spccifically statc thc condition of hcaring and cycsight of thc applicant. {6-}Ej The number and date of issuance of applicant's Texas Class A, B or C license. cxcccd two (2) y ars bctwccn complction datc and application datc. will cxpirc thirty (30) calcndar days aftcr thc datc it is grantcd whilc pcnding 18 rcquircmcnts found at scction 57 98 of this Codc. Sec. 57-98. - Decision of taxicab inspector. (a) The taxicab inspector shall investigate or cause to be investigated the character, experience, and qualifications of the applicant for a taxicab or vehicle for hire driver's permit in order to determine the applicant's fitness to operate a taxicab or vehicle for hire consistent with the public safety and welfare. (b) The taxicab inspector shall determine that all provisions of this division have been complied with, and shall consider whether issuance of a permit would constitute an unreasonable risk to the public safety and welfare. (c) The taxicab inspector shall consider whether the applicant has been guilty of a criminal act directly related to the occupation of taxicab or vehicle for hire driver. In determining whether the criminal act directly relates to said occupation, the taxicab inspector shall consider: (1) The nature and seriousness of the crime; (2) The relationship of the crime to the purpose of requiring a taxicab or vehicle for hire driver permit, for example, the following are deemed to have such a relationship because of danger to passengers and the property and potential for criminal activities enhanced by the large number of citizen contacts: a. Theft and other crimes of dishonesty, b. Assaultive crimes, c. Solicitation of prostitution, d. Sexual abuse crimes, e. Crimes of alcohol or drug abuse, f. Traffic offenses; The extent to which the permit might offer an opportunity to engage in further criminal activity of the same type; The extent and nature of the past criminal activity; The age of the applicant when the crime was committed; The amount of time elapsed since the applicant's last criminal activity; The conduct and work activity of the person prior to and following the criminal activity; (8) Evidence of rehabilitation efforts; (3) (4) (5) (6) (7) 19 (9) Other evidence of personal fitness submitted by the applicant such as recommendations from prosecution, law enforcement, correctional officers. (10)Taxicab inspector may take into consideration previously documented complaints against a current driver seeking renewal or transfer of driver's permit and any arrests, charges or convictions of violations of the taxicab code under chapter 57 of the Municipal Code or the supplemental regulations for taxicabs at the Corpus Christi International Airport for any applicant seeking new, renewal or transfer of permit. (d) Upon receipt of a release executed by the applicant, the police department shall furnish to the taxicab inspector all the applicant's criminal history information records lawfully available to the department for licensing purposes. Said information shall be kept completely confidential by the taxicab inspector, except to the extent lawful, it may be provided to the applicant upon his request, it may be introduced in evidence in a proceeding in which the applicant contests denial of a permit, and it may be shown to the prospective taxicab or vehicle for hire company in accordance with the applicant's release. Such information shall be used by the taxicab inspector for the sole purpose of determining the applicant's fitness. (e) It is the duty of every certificate holder to screen its drivers. While it is the intent of the city in its permitting process to provide protection to the public generally by exercise of police power, such exercise shall not relieve a certificate holder from its duty to determine the fitness of its drivers, and no certificate holder shall rely on the city taxicab driver's permit to excuse it from said duty. The continued contracted driver relationship by a certificate holder of, or contractual agreement with, any person as a driver whose record as a criminal or as a driver of motor vehicles as reflected by official court and police department records shows a lack of mental, emotional or temperamental capacity to be a safe and reliable driver will be taken into consideration by the city when requested to grant or renew a certificate. Sec. 57 99. City's geography test required. taxicab drivcr's permit covcring knowlcdgc of city strccts, buildings, ctc., to be composcd his knowlcdgc of city gcography, the taxicab inspcctor shall not grant a city taxicab driver's permit to such applicant. Sec. 57- . - Identification cards. After the applicant has complied with all requirements of the provisions of this article and a permit has been issued, he shall receive two (2) 1 identification cards, one (1) of 20 which shall contain the full view photograph of the applicant ar police identification number, and further, such card shall read 10 THE PASSENGER OF THIS C/\b: it trio description of thc driver of this cab docs not conform to the photograph hereon, you will please leave the cab and notify name of the company." The identification card will be posted in full view in the passenger compartment of the taxicab which the applicant may be operating, and ch taxicab in operation within thc city undcr thc provisions of this article will bc required to purchase a container to receive this card, which container will be permanently attachcd to each taxicab. or and police identification number of thc applicant. Such card shall bc carried or worn with a clip on the person of the applicant and presented for identification purposes on demand of any passenger, the taxicab inspector or any police officer of the city. Sec. 57- . - Appeal from issuance or denial of taxicab or vehicle for hire driver's permit. After the taxicab inspector has made his decision, either the applicant for the driver's permit or any citizen of the city shall have the right to appeal to the city manager or his designee within ten (10) business days, which appeal shall be perfected by delivering, in writing, a statement that an appeal from the decision of the taxicab inspector is desired. The city manager or his designate will then, within a period of not more than fifteen (15) business days after receiving such notice of appeal, grant a hearing thereon and after the hearing of the appeal the city manager or his designee shall, within a period of five (5) business days, sustain or reverse the decision of the taxicab inspector. If no appeal is taken from the findings made by the taxicab inspector within the time provided above, the decision of the taxicab inspector shall be final. Sec. 57- . - Driver registration files. A registration file shall be kept and maintained on each person to whom a driver's permit has been issued. The file shall contain all information furnished by the applicant under this division and all other facts and data supplied by investigation, including without limitation fingerprints, personal history, police or criminal record, character, experience, qualifications and such other matters considered consistent with and pertinent to a showing whether the driver is fit to operate a taxicab or vehicle for hire within the city in a manner consistent with the welfare of the citizens. 21 The file of any taxicab or vehicle for hire driver may be inspected at the office of the taxicab inspector by such driver at all reasonable times and may be examined by any holder of a taxicab certificate upon showing that the driver has applied to the certificate holder as a contract driver. Every application for a driver's permit as a taxicab or vehicle for hire driver under provisions of this division shall execute an agreement and waiver in writing, at the time of filing the application, by which the applicant authorizes the taxicab inspector to permit a certificate holder to make such examination in good faith to determine whether, in the judgment of the prospective certificate holder, the driver should be contracted to drive taxicabs or a vehicle for hire in the city. Sec. 57- . - Duration and renewal of driver's permit. The taxicab or vehicle for hire driver's permit, when issued, shall not be transferable and same shall be valid for a period of twenty-four (24) months and shall expire automatically unless renewed. No renewal shall be issued thirty (30) days after a permit has expired. No renewal of any taxicab or vehicle for hire driver's permit shall be issued unless and until the applicant for renewal has completed a renewal application and met the requirements of section 57-97(a)(1)—(67), (8) and494; shall have shown proof of 97(a)(7); and provided further, that the applicant must have maintained a satisfactory driving record according to standards established by the taxicab inspector. All of the above requirements of section and any violations of this article, article III or IIIA shall be taken into consideration before a approval of a renewal application is granted. Sec. 57-1-04103._- Suspension or revocation of taxicabs or vehicle for hire driver's permit. Any taxicab or vehicle for hire driver's permit may be either suspended for any period of time not to exceed thirty (30) days or revoked by the taxicab inspector if the holder of such permit violates any of the provisions of this division, article III or article IIIA r article . Material misrepresentations on the driver's application are grounds for revocation. Such permit may also be revoked or suspended if the holder of the permit is guilty of a crime or traffic offense directly related to the holder's fitness to continue as a taxicab driver. Every suspension or revocation of the permit shall be dated and in writing and state the reason for such suspension or revocation. Such notice shall immediately be sent to the holder of such permit to the address shown on the identification card. Such order of suspension or revocation shall be effective as of the date of sending such notice; provided, however, that the person whose permit has been suspended or revoked may, within five (5) business days after the date of sending such notice, appeal to the city manager or his designee for reinstatement by a request in writing for such relief. The city 22 manager or his designee shall set a date not later than fifteen (15) business days following receipt of the notice of appeal for a hearing and after such hearing shall either sustain, reverse, or modify the order of the taxicab inspector. If no appeal is taken within the time and by the method hereby provided, then the order of suspension or revocation by the taxicab inspector shall be final. Sec. 57 105. Neat and clean appearance of drivers. holder to comply with the following: Bermuda shorts or cargo shorts, with a finished hem, shirts with slecves and collars, socks a-sfesed toed shoes. (2) All female drivers shall w ar full length slacks or shorts commonly rcfcrrcd to as Bermuda shorts or cargo shorts, with a finished hem, regular length skirts, blouses, socks or stockings and closed tocd shoes. (3) All drivers shall wear clean, unsoiled and untorn clothing. ('I) All drivers shall maintain proper personal hygiene, i.e., be shaven or have facial (b) While on duty, all drivers are prohibited from wearing: (1) Tcc shirts as an outer garment, except as allowed in scction 57 105(c). (2) Hoodies, sweat shirts and sweat pants. (3) Halters or tubc tops. ('I) Shirts with tails worn outsidc pants. below requirements: (1) Meet the color scheme of the taxicab company. (2) Are professional in appearance. (3) Contain no languagc or imagcs that could be offensive to othcrs. profcssional appearancc standards. Sec. 57406104. - Length of time driver may operate taxicab. 23 It shall be unlawful for a driver of any taxicab to drive the same continuously for more than twelve (12) hours, and no owner of any taxicab shall permit any driver of any taxicab to be continuously on duty, as a driver, for a greater period than twelve (12) hours within any twenty -four-hour period. Sec. 57- . - Use of alcoholic beverages or controlled substances. It shall be unlawful for any taxicab driver to consume any alcoholic beverages or use any form of controlled substances while on duty as a taxicab driver. This is to include prescription drugs prescribed to the driver that may affect his ability to drive and those illegal smoking products and related paraphernalia outlined in section 33-124 of the City Code. If a cab company requests random drug/alcohol test of an contract driver or requests drug/alcohol test due to a traffic accident or contract driver injury and driver refuses the test, the cab company will report refusal immediately to the taxi inspector and refusal will result in automatic suspension of driver's permit. If a cab company requests random drug/alcohol test of an contract driver or requests drug/alcohol test due to a traffic accident or contract driver injury and driver refuses the test, the cab company will report refusal immediately to the taxi inspector and refusal will result in automatic suspension of driver's permit. Sec. 57- . - Notification of change of address of drivers. Every person operating any taxicab shall keep the taxicab inspector informed by written notice of any change of address of such driver. Sec. 57- . - Most direct route to be used. Any driver of a taxicab contracted to carry passengers to a definite point shall take the most direct route possible that will carry the passengers safely and expeditiously to their destination. Sec. 57 110. Delivery of articles left in taxicabs to police. All drivcrs of taxicabs shall promptly delivcr to the taxi inspcctor's office or to delivcred to thc authorized agent of their company, thc property shall be dclivcrcd to thc 24 property if not claimed by the thirticth day after property is found in vehicle. Taxi inspector .1• . Sec. 57-1-14108. - Parking restrictions. No taxicab shall be parked in a residential section of the city awaiting calls between 10:00 p.m. and 6:00 a.m. Sec. 57-142109. - Consent by passenger to carrying other passengers. It shall be unlawful for any taxicab driver to carry any person other than the passenger by whom he is engaged without the consent of such passenger. Sec. 57-1110. - Soliciting for passengers. No person shall solicit patronage or call attention to a taxicab in a loud or annoying tone of voice or by sign or in any manner annoy any person or obstruct the movement of any person or follow any person for the purpose of soliciting patronage. Sec. 574-14111. - Aiding prostitution. It shall be unlawful for any driver of a taxicab to knowingly transport any passenger to the abode of a prostitute or knowingly to transport any criminal, narcotic peddler, prostitution bootlegger in the commission of a crime or infraction of the law in any manner, or act in any manner as a panderer or pimp for prostitutes, or a contact for unlawful establishments of any character. Violations of this section shall be brought to the attention of the respective certificate holder that the taxicab is contracted with or employed by. Repeated occurrences, by the same or other drivers of the certificate holder may be grounds for suspension or revocation of the certificate holder's certificate or the permitted driver's permit or both. Sec. 57-115. - Off-duty status of taxicabs. comply with the following rcquircmcnts: 25 inches in height with a strokc width of not Icss than three eighths (3/8) inch. The letters shall be on a backing of sufficient thickness to not easily bend. from outside of the taxicab. Secs. 574112-57-126. - Reserved. DIVISION 6. - TAXIMETERS; FARES Sec. 57-127. - Taximeters defined. For the purpose of this article the word "taximeter" shall be construed to mean a mechanical instrument or device by which the charge for hire of a taxicab is mechanically calculated for distance, travel and waiting time, if any, under which such charges shall be indicated by clear, legible figures, which mechanism is placed in operation by throwing or switching from nonearning to earning position. Sec. 57-128. - Taximeters required. taxicab unless such taxicab is equipped with a taximeter. Sec. 57 129. Taximeter flag Equipment in connection therewith. distribution so that whcn thc taximctcr flag is in thc "high" or non arning position, thc electrically controlled advertising or company identification sign mountcd on thc top of thc taxicab will be automatically lighted; and whcn the taximctcr flag is on "mileage" or "time," both of which arc earning positions, colored tell tale lights on top of the cab or on color of which lights shall diffcr from those used by any other company. 26 Sec. 57 130. Same False display. taxi is not employed. Sec. 57 131. Testing, inspection and approval of taximeter. No person shall drive or operate a taxicab to which is attachcd a taximcter which has approvcd undcr thc supervision of thc taxicab inspcctor before using. Inspection of taximeters by thc taxicab inspector shall be madc as provided in scction 57 2'1. Sec. 57-14212(.. - Location and illumination of taximeters. All taximeters shall be placed in such a position in the taxicab so that the face thereof and the fare numerals may be easily seen and read by a passenger sitting in any part of the taxicab. Every taximeter used between sunset and sunrise shall have the face thereof illuminated by a light so arranged as to throw a continuous light thereon. Sec. 5743312F. - Defective taximeters prohibited. The operation of any taxicab with a taximeter which is defective or which does not properly and accurately compute and register on its face the charge for distance traveled or waiting time of a taxicab shall constitute a violation of this article. Sec. 57- . - Type and design of taximeter. No taximeter shall be used on any taxicab the type and design of which have not been approved by the taxicab inspector. Prior to the installation of a taximeter, the owner or operator of the taxicab shall submit the type and design of taximeter to the taxicab inspector. If the taximeter is capable of properly and accurately computing and registering on its face the charge for the distance traveled by and the waiting time of the taxicab, the taxicab inspector shall approve the taximeter. 27 Sec. 57-1-35131. - Fares—Amounts. the City of Corpus Christi for one (1) or more persons, not exceeding seven (7) persons, • AM additional charge for each succeeding one fifth (1/5) mile or fraction thereof, based upon the average retail price of one (1) gallon of regular gasolinc sold within the City of Corpus Christi and in accordance with the following chart: Per gallon gasoline price Under 3.50 3.50 3.75 $O.50 0.55 3.76 '1.00 '1.01 '1.25 0.60 0.65 '1.26 '1.50 0.70 The price of one (1) gallon of regular gasoline sold within the City of Corpus Christi 1,1 www.fuelgaugcreport.com. Such price will be dctermined by the current Corpus Christi Thc taxicab inspector shall disseminate thc gasolinc pricc. For each one (1) hour of waiting time or traffic delay time, thc maximum charge shall be twenty four dollars ($2'1.00). Thc above established rates of farc arc thc maximum that may be charged, provided .m passenger fares may include a one dollar ($1.00) surcharge per farc collected from one (1) or more persons not to exceed seven (7) persons. For customers wishing to use a credit card a one dollar ($1.00) convenience fee may be added to thc farc. thc city limits a driver shall keep the taximeter in operation while the taxicab -Fs employed charged, 28 Intcrstate 358 or west of the Clarkwood Road and Intcrstatc 37 intcrscction, thcrc will be a ten dollar ($10.00) minimum fare allowed. (a) Metered Rate. Prior to charging a metered rate for a taxicab fare originating and ending within the city limits of the City of Corpus Christi, metered rates must be filed by the certificate holder with the taxi inspector and clearly posted in the taxicab. The metered rate filed with the taxi inspector shall establish the maximum amount to be charged for the first one-fifth (1/5) mile or Tess, and an additional charge for each succeeding one-fifth (1/5) mile or fraction thereof. Such rate may include a minimum charge and drop fee, if such fee has been filed by the certificate holder with the taxi inspector and clearly posted in the taxicab. An hour waiting time or traffic delay time may be charged if such fee has been filed by the certificate holder with the taxi inspector and clearly posted in the taxicab. A minimum fare may be established for taxi fares originating in the area east of the Intercoastal Causeway Bridge on Interstate 358 or west of the Clarkwood Road and Interstate 37 intersection, if such fee has been filed by the certificate holder with the taxi inspector and clearly posted in the taxicab. (b) Minute Rate - Where a metered or flat rate is not charged, an alternative minute rate may be imposed. Prior to charging a minute rate for a taxicab fare originating and ending within the city limits of the City of Corpus Christi, minute rates must be filed by the certificate holder with the taxi inspector and clearly posted in the taxicab. The metered rate filed with the taxi inspector shall establish the maximum amount to be charged per minute. (c) Flat Rate — Where a metered or minute rate is not charged, an alternative flat rate for taxicab fares may be imposed for trips originating and ending within geographic zones I through VIII of the Corpus Christi Flat Rate Zone Map. The alterative flat rate can be increased per zone crossed for trips originating and ending in a different zone. To impose an alternative flat rate, a flat rate fee schedule must be filed by the certificate holder with the taxi inspector. Additionally, a copy of the Corpus Christi Flat Rate Zone Map must be posted in the taxicab along with the flat fee rate schedule. A copy of the Corpus Christi Flat Rate Zone Map may be provided by the taxi inspector and shall remain on file for public inspection in the office of the city secretary. Zone Corpus Christi Flat Rate Zones Island 29 II Flour Bluff III Southside IV Central V Downtown VI Airport VII Calallen (d) A cancelation fee may be charged where a passenger cancels after booking, if such fee has been filed by the certificate holder with the taxi inspector and posted on the website used by the certificate holder and communicated to the passenger at booking. Sec. 57 1361 . - Same—Charging or collecting excess fares. It shall be unlawful for any driver or operator to charge or demand payment of any fares in excess of the fares prescribed by the council filed with the taxi inspector. All fares rhea witn the taxicao orrice must be posted in the taxicab. Sec. 57- '°"' . - Same—Refusal to convey; refusal to transport passenger at specified rate. It shall be unlawful for any driver of any taxicab to refuse to board and convey a passenger on a basis of race, color, religion, sex, national origin, age, or disability, including a driver's refusal to board and convey any service animal or medical equipment utilized in conjunction with a passenger's disability. It shall be unlawful for any driver of any taxicab to refuse to board and convey a passenger at the rates authorized by this article. It is an affirmative defense to prosecution under this subsection that the driver advised the passenger of the fare or estimated fare to the passenger's destination, and the passenger advised that he did not have the means to pay the fare. Sec. 57- . - Same—Refusal to pay legal fare. It shall be unlawful for any person to refuse to pay the legal fare of any of the vehicles mentioned in this article after having hired the same, and any person who shall 30 hire any such vehicle with the intent to defraud the person from whom it is hired shall be guilty of a misdemeanor. Sec. 57- . - Same—Display of rate schedule in taxicab. There shall be posted in a conspicuous place on the inside of each licensed taxicab, in addition to the license issued to the licensee required by this article, a card showing the rates charged. Sec. 57- . - Same—Receipts. It shall be unlawful for the driver of any taxicab upon receiving full payment of a fare to refuse to give a receipt upon the request of any passenger making such payment. SECTION 2. Chapter 57, Article IIIA "LIMOUSINE AND SIGHTSEEING SERVICE" is revised to read as follows: ARTICLE IIIA. - LIMOUSINE AND SIGHTSEEING SERVICE Sec. 57-164. - Definitions. For the purposes of this article: (a) Limousine service means the luxurious, prearranged transportation by chauffeur - driven 'ehicle limousine of one (1) or more persons from or to a location within the city limits not upon a schedule or over a fixed route. It shall not include taxicab service, airport limousine service or transportation provided in relation to funeral services. (b) Limousine means: (1) ,— ua� -type luxury motor vehicle with a passenger capacity of five or six persons (including the driver), which vehicle is either less than or equal to seven years of age; (2) An extended -body type motor vehicle with a passenger capacity of no more than 15 persons (including the driver), which is modified to extend its original factory wheelbase by 40 inches or more in conformity with Federal Motor Vehicle Safety Standard requirements 31. (3) A vehicle that is classified in the United States Environmental Protection Agency's annual Fuel Economy Guide as a sport utility vehicle that: (i) has a passenger capacity of not less than five persons nor more than nine persons, including the driver; (ii) has a manufacturer's suggested base retail selling price of not less than $37,600.00, adjusted annually based upon Consumer Price Index (CPI -U), All Urban Consumers, U.S. City Average, New Trucks, as published by the U.S. Department of Labor, excluding the cost of any manufacturer installed options or of any modifications or conversions that were made by other persons following the original assembly of the vehicle by the manufacturer. The adjustment shall be based upon the not seasonally adjusted data for the month of August and shall be effective November 1st; and (iii) is either less than or equal to seven years of age; (4) A passenger van with a passenger capacity of nine to 15 persons (including the driver), which vehicle is less than or equal to ten years of age. a vchicic with an occupancy capacity of fivc (5) or morc, cxcluding thc capacity of thc driver compartment and that is uscd for the hircd transportation of persons. (b) Sightseeing service means conveying any person or persons in any vehicle, including horse-drawn carriages, for predetermined periods of time or between fixed points for the purpose of displaying the various natural and manmade points of interest and the economic and cultural institutions of the Corpus Christi area within the city or from locations within the city to locations outside the city, and shall not include the basic provisions of taxicab service or airport limousine service or charter bus service. Sightseeing service defined herein shall refer to transportation provided in vehicles owned by the permit holder. Sec. 57-165. - Operator permit — Required. It shall be unlawful for any person, as owner or agent, to be engaged in the business of providing limousine or sightseeing service within the city or from locations within the city to locations outside the city, unless the owner of the business holds a current limousine or sightseeing permit issued pursuant to this article. Sec. 57-166. - Same—Application; fee. (a) Every person desiring to engage in the business of operating any limousine or sightseeing service shall make application, in writing, to the city manager or his designated representative on a form provided for that purpose for a permit to engage in the business specified. Such application shall contain the name, address and 32 telephone number of the true owner of the business and the number, types and seating capacity of each vehicle to be operated; shall be sworn to by the applicant; and shall be accompanied by an application and permit fee of two hundred fifty dollars ($250.00). (b) The city manager or his designated representative shall issue a permit to all applicants complying with the provisions of this article and shall issue a permit for the operation of all vehicles complying with the requirements of this article. No permit shall be issued unless every vehicle proposed to be used complies with the following minimum requirements: (1) Each vehicle shall comply with all the safety requirements imposed by all state, federal or local laws applicable to the vehicle involved. (2) The owner shall have rendered each vehicle for which a permit is sought for ad valorem taxation and shall have paid all delinquent tax charges owing the city upon every such vehicle. (c) No limousine or sightseeing operator permit holder shall be issued, nor shall such permit be valid after issuance, unless the applicant or the holder of the permit is at all times insured by a comprehensive business auto policy to include collision, uninsured motorists and personal injury protection coverage for each vehicle with minimum limits of one hundred thousand dollars ($100,000.00) to any claimant for bodily injury arising out of a single occurrence, three hundred thousand dollars ($300,000.00) for any number of claims arising out of a single occurrence, and fifty thousand dollars ($50,000.00) to any claimant for any number of claims for damage to or destruction of property. Each insurance policy shall require that the insurer notify the city at least ten (10) days before any cancellation, material change, or intent not to renew by either the insurer or the insured. Cancellation of a certificate holder's or owner's insurance without an approved replacement policy in place at the time cancellation automatically suspends the operations of the vehicle for hire company. (d) The taxicab inspector shall inspect every limousine or sightseeing vehicle to be operated as limousine or sightseeing service at least once a year for the purpose of determining whether such vehicle is in a safe condition to be operated as a limousine or sightseeing vehicle. The holder of a limousine or sightseeing service permit shall submit such limousine or sightseeing vehicle to the taxicab inspector for inspection at the time and place specified by the inspector in accordance with provisions and fees for the inspection of taxicabs in section 57-80. The operator of a limousine or sightseeing service and limousine or sightseeing vehicle is responsible for the safe condition and operation of said vehicles and the city, by establishing this permit system, in no way assumes any duty or liability for the safety of said vehicle. (e) Every person driving a limousine or sightseeing vehicle in the city must have applied for and obtained a limousine or sightseeing driver's permit from the taxicab inspector. It shall be unlawful for any permitted limousine or sightseeing service operator in the city to permit any person to drive a limousine or sightseeing vehicle unless such person shall have a valid driver's permit duly issued by the taxicab inspector in accordance with this chapter. 33 Sec. 57-167. Charge for regulation and use of streets Permit Fee; payments. (a) Applicant shall elect the fee imposed for a Permit issued pursuant to this article at the time of application or renewal. The fee imposed for a Permit issued shall be in an amount equal to 2% of the annual gross receipts for the operation of each limousine or sightseeing service operated for the Certificate holder oraddition to all ower each six (6) months the sum of two hundred dollars ($200.00) times the number of vehicles to be operated as identified in the permit application for the expense of regulating the activities of such service and as a ;trect use permit fee. (b) The semiannual fee for the first six (6) calendar months of each year shall be paid on or before January 10 and for the second six (6) calendar months of each year shall be paid on or before July 10. A latc fcc of twcnty (20) per ccnt will be applicd to latc payments made after January 10 and July 10. (c) Such payments shall be in addition to all ad valorem taxes upon the value of the property of the person operating such vehicles, and in addition to all lawful occupation taxes imposed upon the occupation or calling of the entity operating such vehicle. (d) If a limousine service experience's peak demand periods requiring more vehicles than are designated in its permit agreement or certificate of operation, the holder may request supplemental vehicles by submitting a written application for a supplemental operating permit, along with proof of insurance, which shall state the reason why supplemental vehicles are needed and identify the vehicles to be used. Supplemental vehicles authorized by a supplemental operating permit: (1) Must comply with the vehicle requirements of this chapter; (2) Must comply with the insurance requirements of this chapter; (3) Vehicles that are utilizing a supplemental permit are exempt from any vehicle ownership requirements, but must comply with all other requirements of this chapter; (4) The applicant must pay the supplemental operating permit fee of ten dollars ($10.00) per day in advance of the use of said supplemental permit; (5) A limousine service that utilizes a supplemental vehicle that is not in compliance with section 57-167 of this chapter shall be in violation of section 57- 165 of this chapter; 34 (6) A limousine service or the operating permit holder that has been convicted of or it's permit suspended for a violation of section 57-167(d) shall no longer be authorized the use of supplemental operating permits. Sec. 57-168. - Service standards. The permit holder shall provide and maintain modern efficient service during the life of the permit and failure to provide and maintain such efficient service shall be grounds for forfeiture of the permit herein granted. Said permit is granted for a five-year period. No assignment of a permit shall become effective unless said assignment is approved by the city manager or his designated representative in writing. Sec. 57-169. - Special regulations for horse-drawn carriages. Any sightseeing permit issued pursuant to this article involving the use of horse- drawn carriages as a means of conveyance shall include regulations promulgated by the city manager, or his designated representative, relating to the following: (a) Limitations on the specific streets which may be utilized by horse-drawn carriages and the hours of operations allowed. (b) Safety requirements pertaining to reflectors, warning devices and other safety equipment used on the vehicles, and the types and design of wheels and horse shoes which may be utilized. (c) Sanitation procedures to ensure the cleanliness of streets and public ways and the proper disposal of waste. (d) Health regulations safeguarding the care, feeding and watering of the horses or other draft animals employed by the operator. (e) Additional insurance requirements supplementing the minimum limits for automobile and general liability insurance required for limousine and sightseeing operations generally. (f) Any other rules, regulations or procedures which the city manager, or his designated representative, deems necessary to maintain adequate safeguards for the operation of horse-drawn carriages on the public streets not inconsistent with this section. SECTION 3. Chapter 57, Section 57-284 is revised to read as follows: Sec. 57-284. - Transportation network company permit fee. (a) TNC sham eject the gee iii`ipu a iui pursuant to this article at the time of application or renewal of permit. The fee imposed for a permit issued 35 pursuant to this article shall be in an amount equal to 2% of the annual gross receipts for the operation of each transportation network vehicle operated by each permittee or based on the number of transportation network vehicles operated by each permittee for each quarter as shown below: (i) $400 quarterly for four or fewer vehicles (ii) $800 quarterly for five to eight vehicles. (iii) $1,200 quarterly for nine to twelve vehicles (iv) $1,600 quarterly for thirteen to sixteen vehicles. (v) $2,000 quarterly for seventeen to twenty vehicles (vi) $2,400 quarterly for twenty-one to twenty-four vehicles (vii) $2,800 quarterly for twenty-five to twenty-eight vehicles (viii) $3,200 quarterly for twenty-nine to thirty-two vehicles (ix) $3,600 quarterly for thirty-three or more vehicles (b) The fee provided in subsection (a) of this section shall be paid quarterly as follows: on or after January 1 and before January 10; on or after April 1 and before April 10; on or after July 1 and before July 10; on or after October 1 and before October 10. to thc city on a quarterly basis on or bcforc thc 1Q ' day following thc close of thc calendar month for which thc quarterly payment is calculated. (c) (1) 2% of Annual Gross Receipts The initial payment shall cover the period beginning from the date the permit was issued to the permittee. Upon the submission of each quarterly payment, the permittee shall file with the taxicab inspector a financial report itemizing the components of the permittee's gross receipts for the payment period. All permittees shall utilize any forms promulgated by the taxicab inspector for the submission of the required financial reports and shall submit the financial reports in accordance with any instructions, rules, or regulations promulgated by the taxicab inspector. (2) Number of Transportation Network Vehicles - The initial payment for a fee based on the number of transportation network vehicles operated shall be prorated on a monthly basis to cover the period beginning from the date the certificate was issued to the permittee. (d) Upon 10 days' notice to the permittee, the taxicab inspector shall have the right to inspect the permittee's records the taxicab inspector deems necessary and appropriate to determine that the permittee is in compliance with the requirements of this section. 36 (e) The fees established in this section shall be payable in addition to any other applicable fees imposed by this Code or other ordinances of the city. (t) the permittee shall tail to comply with any requirement herein or shall willfully tile any false statements, the same shall be cause for a suspension or revocation of the permit authorizing the permittee to operate a TNC within the city. SECTION 4. Chapter 57, Section 57-294 is revised to read as follows: Sec. 57-294. - Transportation network vehicles—Inspections. (a) Prior to using any transportation network vehicic, and annually thercaftcr, a permittee or taxicab inspcctor upon rcqucst. The inspcction shall bc madc to dctcrminc that thc transportation network vehicle is in a rcasonably good state of repair, cican, and cquippcd and bcing operatcd in compliancc with all rcquircmcnts of this articic. Inspcctions shall includc, but not bc limitcd to, thc following itcms: (1) (2) (3) (I1) (5) (6) (7) (8) (9) Foot brakcs; Parking brakcs; Stccring mcchanism; Windshicld; Rcar window and other glass; Windshicld wipers; Hcadlights; Tail lights; Turn indicator lights; (10)Stop lights; (12)Doors (opcn, closc, lock); (13)Horn; (1 11 )Spccdomctcr; (15)Bumpers; (17)Condition of tires, including trcad dcpth; 37 (20)Hcating, vcntilation and air conditioning systcms. (b) Upon passing thc inspcction prcscribcd in subscction (a)-ef--t#is scction, thc taxicab inspcctor shall issuc one ccrtification dccal for thc transportation nctwork vchicic. Thc nctwork vchicic dcsignatcd by thc taxicab inspcctor. Thc permittcc and thc scction. (a) A transportation network vehicle must have a valid State of Texas registration sticker. (b) An offense under this section shall be punishable by a fine of not less than $250.00, nor more than the maximum amount established by law, for each violation.. SECTION 5. This ordinance takes effect after official publication. SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 7. Penalties are as provided in Section 1-6 of the Code of Ordinances. SECTION 8. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. 38 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 39 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 12, 2016 Action Item for the City Council Meeting of July 19, 2016 DATE: June 24, 2016 TO: Margie C. Rose, Interim City Manager FROM: Fred A. Segundo, Director of Aviation 289-0171 ext.1213 FredS@cctexas.com Amending Chapter 9 of the Code of Ordinance to allow for Transportation Network Companies (TNC) to operate at Corpus Christi International Airport. CAPTION: Ordinance amending Chapter 9 of the Code of Ordinances to establish provisions for transportation network companies and transportation network drivers to operate at the Corpus Christi International Airport; and providing for penalties, severance, publication, and an effective date. BACKGROUND AND FINDINGS: On May 10, 2016, the City Council approved Ordinance No. 030788, amending Chapter 57 of the Corpus Christi Code of Ordinances to allow for permitting and operation of Transportation Network Companies (TNC) within the city limits. TNC offer/provide a pre -arranged transportation service for compensation using an internet-enabled application or digital platform to connect customers with a network driver. Chapter 57, Section 57-296 (b) — Transportation network drivers — Additional operating requirements stipulates that TNC drivers cannot operate on any portion of Corpus Christi International Airport without proper authorization pursuant to Chapter 9 — Aviation- of the Code of Ordinances. Section 57-296 (b) further requires TNC to pay an airport user fee as established in Chapter 9. Federal Aviation Administration (FAA) regulations require consistent, non-discriminatory charges for leases, fees and rates for airport tenants and customers. Accordingly, under Chapter 9, Staff is proposing that TNC enter into an airport twelve month operating agreement that includes a proposed annual operating fee of $600. In addition, a $2.00 trip charged will be assessed by CCIA on TNC drivers/vehicles that is consistent with unpermitted taxicab pre -arranged trip charges. CCIA will require a geofence technology application with Staff currently pursuing options. A geofence is a virtual perimeter, consisting of defined geographic boundaries, using a global positioning system (GPS) to track and report TNC activity. If CCIA is unable to secure the geofence, the TNC shall create a geofence for that purpose. ALTERNATIVES: No viable alternatives exist other than prohibiting TNC from operating at CCIA which could negatively impact customers. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Not applicable EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal Financial Services Management and Budget FINANCIAL IMPACT: Revenue Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $8,404,296 $8,404,296 Encumbered / Expended Amount 0 0 This item 10,000 10,000 BALANCE $8,414,296 $8,414,296 Fund(s): Airport Fund - 4610 RECOMMENDATION: Staff recommends approval of the ordinance as presented. Airport Board unanimously recommend a $2.00 trip fee and curbside pickup LIST OF SUPPORTING DOCUMENTS: Ordinance Geofence Exhibit Ground Transportation Vehicle Parking Locations Exhibit Ordinance amending Chapter 9 of the Code of Ordinances to establish provisions for transportation network companies and transportation network drivers to operate at the Corpus Christi International Airport; and providing for penalties, severance, publication, and an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: Section 1. Chapter 9 of the Code of Ordinances, entitled "Aviation", is amended by adding new section 9-61.1, entitled "Transportation Network Operations", to establish provisions for transportation network companies and transportation network drivers to operate at the Corpus Christi International Airport, to read as follows: "Section 9-61.1. Transportation Network Company Airport Operations." "(a) Definitions. For the purposes of this section only, the following terms shall have the meanings specified below unless otherwise indicated herein: "Airport complex means the area, buildings, and roadways within the boundary of the airport's geofence property, as designated by the director for transportation network operational purposes. The director may promulgate a map or other description of the airport complex, and it shall be a presumption that the boundaries of the airport complex are as so promulgated by the director. "Airport TNC operating agreement means an agreement entered into between the airport director and a commercial business entity to conduct transportation network operations by a transportation network company, through the use of one or more transportation network drivers, to authorize and provide transportation network services on the airport complex, in exchange for the payment of airport use fees and other applicable charges by the director. "Airport use fee includes all fees and charges required to be paid under or pursuant to this section and arising under an airport TNC operating agreement, including airport operating fees and trip fees. "Applicable regulations means all of the provisions of this chapter, all other applicable ordinances, rules, and regulations of the city and the airport that apply to all ground transportation providers, including transportation network companies, vehicles, and drivers, operating on airport property or conducting activities at the airport. Page 1 of 5 "Automated vehicle identification (AVI) system means a system consisting of vehicle transponders, radio-frequency identification, antennas, computer software and industry -specific hardware to facilitate billing, reporting, invoicing, security and access control, and compliance enforcement for transportation network vehicles. "Geofence means a virtual perimeter, consisting of defined geographical boundaries, which uses a global positioning system, radio frequency identification, or other technology to track and report vehicle location and activity on airport property and may operate as a component of the airport's AVI system. "Passenger means any person picked up by a transportation network driver from the airport complex. "Regulatory approval means all permits, licenses, certificates, registrations, and other approvals required by applicable regulations. "Transportation network company has the meaning provided in section 57-282 of this Code and may be interchangeably referred to in this section as a TNC. "Transportation network driver has the meaning provided in section 57-282 of this Code. "Transportation network service has the meaning provided in section 57-282 of this Code. "Transportation network vehicle has the meaning provided in section 57-282 of this Code and, for purposes of this section, specifically includes vehicles authorized and operating under a valid airport TNC operating agreement. "(b) Transportation network company operations. "(1) A transportation network company must enter into an airport TNC operating agreement, executed by the director, and be at all times in compliance with the terms and conditions of the airport TNC operating agreement in order to operate at the airport. The airport TNC operating agreement may include the payment of a separate, annual airport operating fee of $600 to offset the cost of AVI and geofence technology applications, administration of the agreement, and other airport costs in connection with each agreement including, Page 2 of 5 but not limited to, monthly and annual reporting required to be submitted by each transportation network company to the airport. "(2) In addition to an executed airport TNC operating agreement and the provisions of this section, transportation network companies, their drivers, and their drivers' vehicles must be in compliance with all applicable requirements of chapter 57 of this Code in order to operate on airport property. "(3) Transportation network drivers must provide transportation network services under an authorized transportation network company's airport TNC operating agreement and must hold a valid vehicle for hire permit issued under chapter 57 of the Code in order to operate at the airport. Each passenger picked up within the geofence area or airport complex by a transportation network driver is subject to an airport use fee, to be paid pursuant to the transportation network company's airport TNC operating agreement. "(4) Transportation network drivers waiting for a fare through a transportation network company's internet-enabled mobile or digital platform shall wait in the designated area of the airport complex, if available, or shall wait outside the geofence. Drivers shall not wait in any areas leased or managed by airport tenants and shall not park in any areas which impede vehicle ingress or egress to the airport complex. "(5) Transportation network drivers may pick up passengers for whom transportation network services have been pre -arranged by a transportation network company's internet-enabled or mobile application technology only at designated transportation network pick-up areas at the airport complex as designated by the director and published in the airport's ground transportation rules and regulations. "(c) Geofence required. Unless a geofence technology application is adopted and in use by the airport, a transportation network company shall create, or have created, and maintain a geofence technology application that complies with the airport's operating instructions to track and report the monthly activity of transportation network drivers and vehicles operating at the airport. A transportation network company's internet- enabled or mobile application technology must not show available vehicles within the geofence boundaries at the airport, except in designated transportation network vehicle waiting areas. A transportation network company's internet-enabled or mobile application technology must capture Page 3 of 5 vehicle movements into and out of the geofence boundaries, to allow for tracking of trips from the airport. Each transportation network company shall (i) demonstrate to the director that the airport's designated geofenced area has been incorporated into its internet-enabled or mobile application technology and (ii) ensure transportation network drivers comply with all regulatory approvals required to provide transportation network service as well as other applicable regulations. In the event the airport adopts for use its own geofence technology application, the airport's application shall be used as the primary geofence technology application by every transportation network company operating at the airport on and after the date of its adoption. "(d) Payment of trip fees. Transportation network companies shall pay an airport trip fee of $2.00 per passenger picked up by each transportation network driver authorized and providing service under the transportation network company's airport TNC operating agreement. Trip fees are assessed each time a transportation network driver enters the airport's geofence boundary for the purpose of picking up a passenger, and each such entry is presumed to be for the purpose of picking up a passenger unless the airport is notified otherwise in advance. Fees must be remitted by each transportation network company to the airport based upon monthly accumulated trip fees and are due on the 10th day of every month next following the month in which the trips are completed. Transportation network companies shall remit payment to the airport electronically either by wire transfer or by automated clearing house (ACH) payments to the city bank account designated by the director." Section 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. Section 3. Publication must be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Section 4. This ordinance takes effect after official publication. Page 4 of 5 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucio Rubio Mark Scott Carolyn Vaughn The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucio Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED this the day of , 2016 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Page 5 of 5 Exhibit A CCIA Geo -Fence T2T47333'N G 971042.02'W T27'46'57.65% ONG97'3O41.74"W EAT 27.4652.2TN LANG 9r3012TW LAT 27'46'46.03"N LONG 9T3079.62'W A LAT 27'46'46.78"N CNG 97'30'28.73"W LAT 27'46'45.59'N LONG 9710'17.35"W T 2r4644.75% G 97101831V LAT 27'4649.75"N LONG 9730'6.96'W LA72T46"48.84'N LONG 9r306.83'W LAT 2746'49.85"N LONG 9730'3.17N1 LAT 274648.771N LONG 9T2916.66'W LAT 27'46'46.22"N LONG 9T30'1.86'W • LAT 2746'43.94"N LONG 971O3.28'W LAT 27'46'46.16"N LONG 97'29'56.46'W LAT 21.4643.99"N LONG 97'30169"W LAT 27'46'33.04"N LONG 9710'1914"W ■• {i. 4i '`.1 (� '� L.44Q . A A4 -c` y„10;JCLAT 27'46'33.31'N SL;�+]fT' ALONG 9r30'3.90'W LAT 27'46'33.43'N LCNG 97'30'2.30"W' LAT 27'4618 73"N T 27.46'28.601N LONG 97'30'1354"W ! LONG 97'301.8OW Designated Areas for TNC Driver pick-up shall be set by the Director of Aviation and published in the CCIA Ground Transportation Rules and Regulations. Taxi Queueing Area Hotel Shuttle P Commercial Pick Up L»iriti- uig MWWU@U1UWu15U111N1n1UIlUIIUInYLfn1UIf11iUWll — Limousine/Scheduled ckup Pickup Taxi j Pick-up + TNC Curb Side Pick-up 1 i i 7 — i — — 4P:\— /IT AN /Il f � il COMMERCIAL LANE 1 1111 1 1 W4 14 I [NI ICE ICE --___— 1 1 1 T INTERNATIONAL DR. 111 .o, III ,oIh.1ohI1. ®ACE ENT--' ENTRANCE €NTPPIU.4 ENTRANCE � u rI 1� �l.::N:w X61 r:.:��— ----. �, It 1111111/ 111111 III I I 1 I I} wi w�wlr���o, :w al w�r�wra:lwwwr�r�t� ESCA ATOR ESCALATOR I RENTAL CAR : ■ r rI II�� -J IIIII I 1 EAOEAEE 1 1 - �� A V 1 ; 04 1 C _ _ CORPUS CHRISTI INTERNATIONAL AIRPORT GROUND TRANSPORTATION PARKING Prepared by, Ga' LOCATIONS Approved by: FRED SEGUNDO Date: Scale: I:SOO 06-20-2016 AGENDA MEMORANDUM First Reading Ordinance for the Council Meeting of July 19, 2016 Second Reading Ordinance for the City Council Meeting of July 26, 2016 DATE: TO: June 17, 2016 Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2601 Appropriating the Texas Automobile Burglary and Theft Prevention Authority grant CAPTION: Ordinance authorizing the City Manager or the City Manager's designee to execute all documents necessary to accept a grant from the Texas Automobile Burglary Theft Prevention Authority (ABTPA) grant in the amount of $410,973 to continue the motor vehicle theft enforcement grant within the Police Department for Year 16, with a City match of $660,714, in-kind match of $55,985 in the No. 1020 Police General Fund, and program income match of $1,020 for a total project cost of $1,128,692; designating the Chief of Police as Program Director and Director of Finance as financial officer for this ABTPA grant; appropriating $410,973 from the ABTPA in the No. 1061 Police Grants Fund; and appropriating $1,020 in program income match in the No. 1061 Police Grants Fund to continue the motor vehicle theft enforcement grant within the Police Department. PURPOSE: Appropriate the funds. BACKGROUND AND FINDINGS: The City of Corpus Christi has received Year 16 funding from the Texas Automobile Burglary and Theft Prevention Authority (ABTPA) to continue the motor vehicle theft unit in the Police Department. The ABTPA was established in 1991 due to rising auto thefts and is funded through an annual fee on every insured vehicle in Texas charged to insurance companies who provide vehicle insurance coverage in Texas. The unit focuses not only on detection and apprehension, but also on the salvage yards in the City and County to reduce the sale of stolen vehicles and parts. There is an extensive public awareness campaign that is a requirement of the grant which includes crime prevention programs focusing on reducing auto thefts. Since the inception of the unit in 2001, auto thefts have decreased from 1,515 to 513 in 2015. The grant provides funds for one Lieutenant to supervise the Unit, two sworn CCPD officers, and three civilians. The three civilians conduct data analysis, crime analysis, manage the required public awareness campaign, and maintain grant paperwork. In-kind contributions include copy machine and office space. Cash contributions from program income will cover travel expenses. The General Fund cash match is for four sworn officers who are funded and currently work in the auto theft and auto burglary bureau. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 55,144.50 606,589.50 661,734 Encumbered / Expended Amount 0 0 0 This item 34,248 376,725 410,973 BALANCE 89,392.50 983,314.50 1,072,707 Fund(s): Police General Fund, Police Grants Fund Comments: Year 16 of the grant requires at least a 20% match by the City. The match may be cash, in-kind, or program income. The Police General Fund will provide a cash match of $661,734 for sworn officers' salaries/benefits, in-kind contribution of $55,985 for office space/operating costs, and program income of $1,020. The grant period is 9/01/16— 8/31/17. RECOMMENDATION: Staff recommends appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant award letter Ordinance Authorizing the City Manager or the City Manager's designee to execute all documents necessary to accept a grant from the Texas Automobile Burglary Theft Prevention Authority (ABTPA) grant in the amount of $410,973 to continue the motor vehicle theft enforcement grant within the Police Department for Year 16, with a City match of $660,714, in-kind match of $55,985 in the No. 1020 Police General Fund, and program income match of $1,020 for a total project cost of $1,128,692; designating the Chief of Police as Program Director and Director of Finance as financial officer for this ABTPA grant; appropriating $410,973 from the ABTPA in the No. 1061 Police Grants Fund; and appropriating $1,020 in program income match in the No. 1061 Police Grants Fund to continue the motor vehicle theft enforcement grant within the Police Department WHEREAS, under the provisions of the Texas Revised Civil Statutes Article 4413(37) and Texas Administrative Code Title 43; Part 3; Chapter 57, entities are eligible to receive grants from the Automobile Burglary and Theft Prevention Authority to provide financial support to law enforcement agencies for economic automobile theft enforcement teams and to combat automobile burglary in the jurisdiction; WHEREAS, this grant program will assist this jurisdiction to combat automobile burglary and theft; and WHEREAS, City of Corpus Christi has agreed that in the event of loss or misuse of the grant funds, City of Corpus Christi assures that the grant funds will be returned in full to the Automobile Burglary and Theft Prevention Authority. 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 Texas Automobile Burglary Theft Prevention Authority (ABTPA) in the amount of $410,973 to continue the motor vehicle theft enforcement grant within the Police Department for Year 16 with a City match of $660,377, in-kind match of $55,985 in the No. 1020 Police General Fund, and program income match of $1,020 fora total project cost of $1,128,355. SECTION 2. That the Chief of Police is designated as the Program Director and Director of Finance is designated as the Financial Officer for this ABTPA grant. SECTION 3. That $410,973 from the Texas Automobile Burglary Theft Prevention Authority is appropriated in the No. 1061 Police Grants Fund to continue the motor vehicle theft enforcement grant within the Police Department. SECTION 4. That $1,020 is appropriated in the No. 1061 Police Grants Fund for the program income match to continue the motor vehicle theft enforcement grant within the Police Department. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor ABTPA Board Members Chief Carlos Garcia Chair Law Enforcement Representative Brownsville, Texas Ken Ross Insurance Representative State Farm Insurance Houston, Texas Ashley Hunter Insurance Representative HM Risk Group Austin, Texas Linda Kinney Consumer Representative Dripping Springs, Texas Armin Mizani Consumer Representative Keller, Texas Tommy Hansen Law Enforcement Representative Galveston, Texas Ex Officio Member Steven C. McCraw Major Wynn Reynolds—Designee Texas Department of Public Safety Austin, Texas Bryan E. Wilson Director 'mg m 7 Texas Department of Motor Vehicles HELPING TEXANS GO, HELPING TEXAS GROW. Date: June 30, 2016 414* Watch Your Car TEXAS AUTO BURGLARY& THEFT PREVENTION AUTHORITY Mr. Ron Olson, City Manager City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 Via e-mail: rono@cctexas.com Re: Grant Number: Grantee: Program Title: Grant Award Amount: Grant Term: FY2017 ABTPA Statement of Grant Award and Acceptance Notice 608-17-1780200 City of Corpus Christi Corpus Christi Auto Theft and Burglary Prevention $410,973 September 1, 2016 to August 31, 2017 Dear Mr. Olson, I am pleased to inform you that your organization has been approved for a grant extension awarded by the Automobile Burglary and Theft Prevention Authority (ABTPA) in the amount indicated above. The extensions will be from September 1, 2016 through August 31, 2017. The grant award must be officially accepted by signing and returning the enclosed Statement of Grant Award and grantee acceptance notice to the ABTPA within 30 days from the date received. We look forward to working with you to combat and reduce motor vehicle theft and burglary. Any questions relating to the administration of this grant should be directed to our office. Please do not hesitate to contact me should you require further assistance with this matter. I can be reached at Bryan.Wilson@txdmv.gov or (512) 465-4012. Sincerely, Bryan E. Wilson Director cc: Mr. Mike Markle, Interim Police Chief, mikema@cctexas.com Ms. Melissa Castro, melissama@cctexas.com Mrs. Constance Sanchez, Director of Finance, constancep@cctexas.com 4000 Jackson Avenue — Austin, Texas 78731— 512/465-1485 — Fax 512/465-3775 www.txwatchyourcar.com Watch Your Car. TERAS AIM BURGLARY&THEFT PREVENUGN AMMO FY17 Automobile Burglary and Theft and Prevention Authority Statement of Grant Award and Grantee Acceptance Notice Grant Number: Grantee: Program Title: Grant Award Amount: Cash Match Amount: In -Kind Match Amount: Grant Term: 608-17-1780200 City of Corpus Christi Corpus Christi Auto Theft and Burglary Prevention $410,973 $661,734 $55,985 September 1, 2016 to August 31, 2017 That whereas, City of Corpus Christi (hereinafter referred to as Grantee), has heretofore submitted a grant application in response to the Request for Proposal issued on March 16, 2015 to the Automobile Burglary and Theft Prevention Authority, State of Texas, entitled Corpus Christi Auto Theft and Burglary Prevention, and further identified by grant number 608-17-1780200 and Whereas, the Automobile Burglary and Theft Prevention Authority has approved the continuation ofthe grant application along with any approved grant adjustments, if any, as evidenced by this FY17 Statement of Grant Award and certain special requirements from the Automobile Burglary and Theft Prevention Authority dated June 30, 2016; and Whereas, the Grantee desires to accept the FY17 grant award and use all funds for purposes and in compliance with the following requirements that are adopted in their entirety by reference: • Texas Revised Civil Statutes Article 4413(37) • Texas Administrative Code: Title 43; Part 3; Chapter 57; • Uniform Grant Management Standards (UGMS) as promulgated by the Texas Comptroller of Public Accounts; • The Request for Proposals issued on March 16, 2015; • The current Automobile Burglary and Theft Prevention Authority Grant Administrative Manual and forms and subsequently adopted grantee instruction manuals and forms; • The Final Adopted Application attached to this Statement of Grant Award • The certification of compliance; and • The Anuroved Grant Budget Summary: Approved Grant Budget Summary ABTPA Cash Match In -Kind TOTAL A. Personnel $332,131 $329,403 $41,966 $703,500 A. Fringe $6,050 $313,311 $0 $319,361 B. Contractual $0 $0 $0 $0 C. Travel $8,098 $1,020 $0 $9,118 D. Equipment $0 $0 $0 $0 E. Supplies & DOE $64,694 $18,000 $14,019 $96,713 F. Indirect Funds Totals $410,973 $661,734 $55,985 $1,128,692 FY17 ABTPA Statement of Grant Award and Grantee Acceptance 1 of 2 Pages Now, therefore, the Grantee accepts the FY17 Statement of Grant Award under the conditions above including the special requirements in the grant application and the Statement of Grant Award as evidenced by this agreement, executed by the official authorized to sign the original grant application, or the official's designated successor, as presiding officer of and on behalf of the governing body of this grantee; and The Texas Automobile Burglary and Theft Prevention Authority (ABTPA) has awarded the above - referenced grant subject to the availability of state funds. The approved budget is reflected in the above Approved Grant Budget Summary. This grant is subject to and conditioned upon the acceptance of the ABTPA Grant Administrative Guide promulgated for this specific program fund (referenced above) by the Automobile Burglary and Theft Prevention Authority. Applicable special conditions are listed below. Special Conditions and Requirements: Approved and Accepted by: Authorized Official Printed Name and Title Date Signed FY17 ABTPA Statement of Grant Award and Grantee Acceptance 2 of 2 Pages PII►UTfL7IT IT'S TBUWS. h.1a Bwgln.y & Tneft P•eventlen Fwtnwlq, Automobile Burglary and Theft Prevention Authority FY17 Statement of Grant Award Budget Summary and Support Schedules Budget Category ABTPA Funds Cash Match In -Kind Match Total Personnel (Salaries/Overtime) $332,131 $329,403 $41,966 $703,500 Personnel (Fringe Benefits) $6,050 $313,311 $0 $319,361 Contractual $0 $0 $0 Travel $8,098 $1,020 $0 $9,118 Equipment $0 $0 $0 Supplies & Direct Operating Exp. $64,694 $18,000 $14,019 $96,713 Totals $410,973 $661,734 $55,985 $1,128,692 Sources of Match Tables List Source(s) of Cash Match* Amount SALARIES AND OT $329,403 FRINGE BENEFITS $313,311 IN-STATE TRAVEL $1,020 SUPPLIES $18,000 City of Corpus Christi 100% Source Match Total $661,734 List Source of In -Kind Match Amount NICB AGENT SALARY $41,966 *RENTAL SPACE $11,030 *COPIER SUPPLIES $2,989 *City of Corpus Christi Source of In -Kind Match Total $55,985 *List Program Income used as cash match as a separate line Page 1 of 6 pages PIITECT Ii ITS 1DUAS. A.0 Bwglnnv & 'NO P•eventlyn AwN Iiv Automobile Burglary and Theft Prevention Authority FY17 Statement of Grant Award Budget Summary and Support Schedules Personnel - Title or Position Personnel % of Salary ABTPA Funds Cash Match In -Kind Total LIEUTANT LERMA 1 100% $75,413 $7,459 $82,872 DETECTIVE VALDEZ 1 100% $76,959 $76,959 DETECTIVE RAICHERT 1 100% $76,959 $76,959 DETECTIVE BUSTAMANTE 1 100% $76,959 $76,959 DETECTIVE SIMMONS 1 100% $76,959 $76,959 DETECTIVE BURRIS 1 100% $69,812 $69,812 DETECTIVE RODRIGUEZ 1 100% $69,812 $69,812 GRANT PROJECT MANAGER 1 100% $33,943 $33,943 CRIME ANALYST 1 100% $36,489 $36,489 INTAKE SPECIALIST 1 50% $16,552 $16,402 $32,954 NICB AGENT 1 50% $41,966 $41,966 $0 $0 $0 $0 $0 $0 $0 Total Direct Salaries 11 $316,315 $317,403 $41,966 $675,684 Total Overtime $15,816 $12,000 $27,816 Total Requested Amounts $332,131 $329,403 $41,966 $703,500 Budget Narrative GRANT PERSONNEL: 1) LIEUTENANT: Serves as the supervisor for the task force. Coordinates all tactical investigations and communicates with police administration on all auto theft and auto burglary matters. Oversees bait program, proactive and reactive initiatives, field operations and responses. Ensures goals and objectives of grant are met. Due to previous lieutenant being committed to SWAT activities, this position reflects a 91% ABTPA funded amount. After the grant was awarded at 91% funding for this position, we experienced a change in command with the new lieutenant being committed to ABTPA at 100%. Although this grant will reflect a 91% funding level, the lieutenant will remain working 100% on ABTPA activities. 91% ABTPA FUNDED, $82,872, 100% TIME SPENT ON ABTPA ACTIVITIES 2) DETECTIVE: Works on all proactive and reactive investigations, cases and tactical responses. Coordinates with other law enforcement agencies for multi -jurisdictional cases. Performs work on all goals and objectives of the grant. 100% ABTPA funded, $76,959, 100% TIME SPENT ON ABTPA ACTIVITIES 3) DETECTIVE: Works on all proactive and reactive investigations, cases and tactical responses. Coordinates with other law enforcement agencies for multi -jurisdictional cases. Performs work on all goals and objectives of the grant. 100% ABTPA funded, $76,959, 100% TIME SPENT ON ABTPA ACTIVITIES 4) GRANT ADMINISTRATOR: Facilitates all aspects of the auto theft grant throughout the year. Responsible for the development and regulation of the grant application and budget. Serves as a liaison to City Hall, Corpus Christi Police Department, ABPTA, area law enforcement agencies and media. Ensures ABTPA grant compliance. Develops, coordinates and delivers a full scale public awareness program. Assists in performance of grant goals and objectives. 100% ABPTA funded, $33,943 100% TIME SPENT ON ABTPA ACTIVITIES 5) CRIME ANALYST: Collects crime data specific to auto burglary and auto theft to identify trends and patterns for departmental personnel. Prepares reports as requested by supervisor and auto theft personnel. Creates database of local auto crime thieves for the use of detectives. Performs work on goals and objectives of the grant. 100% ABTPA Funded, $36,489, 100% TIME SPENT ON ABTPA ACTIVITIES 6) INTAKE SPECIALIST: Serves as customer service representative for the ATTF for civilians and law enforcement. Performs daily entry of all stolen and recovered vehicles. Completes offense and supplemental reports from victims. Answers calls and keeps detectives informed of leads and information. Assists in performance of grant goals and objectives. 50%ABTPA funded, $16,552, 100% TIME SPENT ON ABTPA ACTIVITIES CITY MATCH PERSONNEL: 1) DETECTIVE: Works on all proactive and reactive investigations, cases and tactical responses. Coordinates with other law enforcement agencies for multi -jurisdictional cases. Performs work on all goals and objectives of the grant. 0% ABTPA funded, 100% CITY funded, $76,959, 100% TIME SPENT ON ABTPA ACTIVITIES 2) DETECTIVE: Works on all proactive and reactive investigations, cases and tactical responses. Coordinates with other law enforcement agencies for multi -jurisdictional cases. Performs work on all goals and objectives of the grant. 0% ABTPA funded, 100% CITY funded, $76,959, 100% TIME SPENT ON ABTPA ACTIVITIES 3) DETECTIVE: Works on all proactive and reactive investigations, cases and tactical responses. Coordinates with other law enforcement agencies for multi -jurisdictional cases. Performs work on all goals and objectives of the grant. 0% ABTPA funded, 100% CITY funded, $69,812, 100% TIME SPENT ON ABTPA ACTIVITIES 4) DETECTIVE: Works on all proactive and reactive investigations, cases and tactical responses. Coordinates with other law enforcement agencies for multi -jurisdictional cases. Performs work on all goals and objectives of the grant. 0% ABTPA funded, 100% CITY funded, $69,812, 100% TIME SPENT ON ABTPA ACTIVITIES 5) INTAKE SPECIALIST: Serves as customer service representative for the ATTF for civilians and law enforcement. Performs daily entry of all stolen and recovered vehicles. Completes offense and supplemental reports from victims. Answers calls and keeps detectives informed of leads and information. Assists in performance of grant goals and objectives. 50% CITY funded, $16,552, 100% TIME SPENT ON ABTPA ACTIVITIES INKIND PERSONNEL: 1) NICB SPECIAL AGENT: In collaboration with the NICB, a Special Agent will be placed under the Auto Theft Task Force. He will assist in the recovery and tracking of stolen vehicles throughout the state of Texas and the US with his use and knowledge of ISO, Carfax, OCRA. He will assist with 68As and the research associated with the trailers we check. He will be a liaison with other agencies within Texas, the US and other NICB agents to help gather information on current trends and help disseminate information about our current trends. 50% of his salary is represented in in-kind match as he spends 50% of his time with our Auto Theft Task Force. This 50% in-kind match is paid for by NICB. Page 2 of 6 pages ith TIT IT'Srflu,.. h�1a Bwgln.y & Tneft P•eventlen Fwtnwltr Personnel - Fringe Benefits Automobile Burglary and Theft Prevention Authority FY17 Statement of Grant Award Budget Summary and Support Schedules or $ Rate ABTPA Funds Cash Match In -Kind Total Retirement 18.5% $122,119 $122,119 Insurance $113,383 $113,383 Life Insurance $0 Medicare 1.5% $0 FICA 6.2% $6,050 $44,557 $50,607 OTHER education/longivity $33,252 $33,252 cleaning/clothing $0 vision, supplemental, dental $0 $0 Total Fringe Benefits $6,0501 $313,3111 $01 $319,361 Budget Narrative RETIREMENT @ 18.46 % ABTPA FUNDED SALARIES ($61,311) CITY CASH MATCH SALARIES ($60,808) = $122,119 RETIREMENT TOTAL CITY CASH MATCH 100% INSURANCE- CITY CASH MATCH 100% GROUP INSURANCE ($91,377) SELF INSURANCE ($22,006.80)= $113,383 INSURANCE TOTAL CITY CASH MATCH MEDICARE (1.5%) FICA (6.2%) ABTPA FUNDED $6,050 CITY CASH MATCH $44,557 = $50,607 FICA TOTAL ABTPA FUNDED SALARIES $332,131 X 7.65% = $25,408 CITY CASH MATCH SALARIES $329,403 X 7.65% = $25,199 OTHER CITY CASH MATCH 100% CLOTHING ALLOWANCE $900/YEAR X 7 DETECTIVES = $6300 + CLEANING ALLOWANCE $720/YEAR X 7 DETECTIVES = $5040 TOTAL= $11,340 EDUCATION *PAY VARIES BY DETECTIVE X 7 DETECTIVES = $9108 + LONGEVITY * X 7 DETECTIVES = $7176 TOTAL = $16,284 VISION ($7 X 12 MONTHS) X 7 DETECTIVES = $588 SUPPLEMENTAL ($15 X 12 MONTHS) X 7 DETECTIVES = $1260 DENTAL ($45 X 12 MONTHS) X 7 DETECTIVES = $3780 $33,252 OTHER TOTAL CITY CASH MATCH 100% Professional & Contract Description of Service ABTPA Funds Cash Match In -Kind Total $0 $0 $0 $0 $0 $0 $0 $0 $0 Total Professional & Contract $0 $0 $0 $0 Budget Narrative Page 3 of 6 pages ith TIT IT'Srflu,.. h�1a Bwgln�y & Tneft P•eventlen Fwtnwltr Automobile Burglary and Theft Prevention Authority FY17 Statement of Grant Award Budget Summary and Support Schedules Travel In -State Travel - Purpose Destination # of Travelers ABTPA Funds Cash Match In -Kind Total ABTPA BRD MEETINGS AUSTIN, TX 3 $1,692 $1,692 TAVTI CONFERENCE DALLAS, TX 5 $5,380 $5,380 TCPA CONFERENCE NEW BRAUNFELS, 1 $1,026 $1,026 GRANT ADMIN MILEAGE $1,020 $1,020 2000 X .51 $0 $0 $0 In -State Travel Total $8,098 $1,020 $0 $9,118 1 1 1 1 1 Budget Narrative PARTICIPANTS TOTAL: $1692 $420 TO GRANTEES AND NO GRANT WORKSHOP BEING HELD IN MARCH AND GRANT REVIEW IN JUNE (2) UNKNOWN DATES AT THE PRESENT TIME INVESTIGATORS CONFERENCE - DALLAS, TX (OCTOBER) $3250 FOR ABTPA BOARD MEETINGS & CONFERANCES ABTPA BOARD MEETINGS - AUSTIN, TX 3 (2) BOARD MEETINGS HOTEL: 140 x 3 ROOMS x 1 NIGHTS = MEALS: 71 x 3 x 2 DAYS = $426 *DUE TO GRANT EXTENSION AWARDED BOARD MEETINGS WERE BUDGETED BUT TEXAS ASSOCIATION OF VEHICLE THEFT 5 PARTICIPANTS TOTAL: $5380 HOTEL: 130 x 5 ROOMS x 5 NIGHTS = MEALS: 71 x 5 x 6 DAYS = $213 TCPA CONFERENCE -NEW BRAUNFELS (JANUARY) 1 PARTICIPANT TOTAL: $1026 HOTEL: 120 x 1 ROOM X 5 NIGHTS = $600 MEALS: 71 x 1 x 6 DAYS = $426 GRANTADMIN/PROJECT MGR MILEAGE 2000 X .51 = $1020 Page 4 of 6 pages ith TIT IT'Srflu,.. h�1a Bwgln�y & Tneft P•eventlen Fwtnwltr Automobile Burglary and Theft Prevention Authority FY17 Statement of Grant Award Budget Summary and Support Schedules Equipment Equipment Description and Quantity ABTPA Funds' Cash Match In -Kind Match Total $0 $0 $0 $0 $0 $0 $0 $0 Total Equipment $0 $0 $0 Budget Narrative Supplies and Department Operating Expense Supplies and Department Operating Expense - Description ABTPA Funds Cash Match In -Kind Total Office Supplies $8,690 $8,690 Communications $7,405 $7,405 Public Awareness $20,229 $20,229 Postage $500 $500 Fuel $20,000 $20,000 Rental Space $11,030 $11,030 Move It Storage $1,620 $1,620 Copier Supplies $2,989 $2,989 Confidental Funds $500 $500 Misc. Tools $3,000 $3,000 Vehicle Maintenance $18,000 $18,000 Registration Fees $1,550 $1,550 Covert Tracker Equipment $1,200 $1,200 Total Supplies & DOE $64,694 $18,000 $14,019 $96,713 Page 5 of 6 pages ithiT IT IT'S f uIs h�1a BwgP T & Tneft P•eventlen Fwtnwlty Automobile Burglary and Theft Prevention Authority FY17 Statement of Grant Award Budget Summary and Support Schedules A) OFFICE SUPPLIES: ($8,690) - OFFICE SUPPLIES UTLIZED THROUGHOUT THE YEAR TO COVER USE WILL CONSIST OF, BUT NOT LIMITED TO: INK AND TONERS FOR ALL ATTF PRINTERS, PRINTER PART REPLACEMENTS, FAX MACHINE TONER, PENS, PENCILS, MARKERS, BINDERS, SMALL DESK EQUIPMENT, PAPER, FOLDERS, STAPLES, PAPERCLIPS, PADFOLIOS, DIVIDERS, SHEET PROTECTORS, LABELS, ETC. (B) COMMUNICATIONS: ($7405) - TO COVER CELL PHONE AND AIRCARD CHARGES NEEDED TO UTLIZE PHONES, LAPTOPS AND BAIT SOFTWARE. (C) PUBLIC AWARENESS: ($15,177) - PUBLIC AWARENESS FUNDS COVER ADDITIONAL PROMOTIONAL ITEMS NEEDED THROUGHOUT THE YEAR, ADDITIONAL PAMPHLETS, MEDIA BUYS, BOOTH FEES AND PUBLIC AWARENESS SHIRTS. (D) POSTAGE: ($500) - POSTAGE NEEDED FOR REPORT MAILINGS AS WELL AS FLYER AND PAMPHLET MAILINGS. (E) FUEL: ($20,000) - PROJECTED FUEL COSTS AND INCREASES FOR THE YEAR BETWEEN ALL DETECTIVE VEHICLES, PROMOTIONAL WRAP VEHICLE AND BAIT PROGRAM. (F) RENTAL SPACE: ($11,030) - INKIND MATCH OF OFFICE SPACE .6128 x 1520 SQFT x 12 MONTHS (G) MOVE IT STORAGE: (1,620) - STORAGE UNIT UTILIZED OFF SITE TO MAINTAIN ALL ABTPA INVENTORY OF ALL ABPTA ITEMS. (H) COPIER SUPPLIES: ($2,989) - INKIND MATCH OF COPIER SUPPLIES UTILIZED BY ATTF THROUGHOUT THE YEAR (I) CONFIDENTIAL FUNDS: ($500) - FUNDS TO BE UTILIZED FOR CONFIDENTIAL INFORMANT INFORMATION USED FOR AUTO THEFTAND AUTO BURGLARY CASES. (J) MISC TOOLS: ($3,000) - TOOLS TO BE PURCHASED FOR USE BY DETECTIVES DURING FIELD OPERATIONS, INVESTIGATIONS AND ASSESSMENTS. (K) VEHICLE MAINTENANCE: ($18,000) CASH MATCH — CITY OF CORPUS CHRISTI PROVIDES AN ESTIMATED BUDGET OF $500 PER NEW VEHICLE 2016 FORD TRUCKS (4) AND $4000 PER EXISTING UNITS (2012 JEEP WRANGLER, 2009 FORD F150, 2010 CHEVY TAHOE AND 2003 DODGE RAM) TO COVER MAINTENANCE COSTS FOR EVERY VEHICLE IN FLEET (8 VEHICLES ASSIGNED TO AUTO THEFT TASK FORCE) (L) REGISTRATION AND MEMBERSHIP FEES: ($1550) TAVTI: $150 x 9 = $1350 TCPA: $200 x 1 = $200 (M) COVERT TRACKER :($1200) - 2 MAINTENANCE MAPPING AGREEMENT FOR 12 MONTHS. Page 6 of 6 pages AGENDA MEMORANDUM First Reading Ordinance for the Council Meeting of July 19, 2016 Second Reading Ordinance for the City Council Meeting of July 26, 2016 DATE: TO: July 6, 2016 Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2601 Appropriating abandoned/unclaimed monies from Police Property room CAPTION: Ordinance appropriating $5,573.49 from abandoned/unclaimed monies from the Police Property Room, changing the FY 2015-2016 Operating Budget adopted by Ordinance No.030620 by increasing revenue and expenditures in the General Fund No. 1020 by $5,573.49 each. PURPOSE: Appropriate the funds for use by the Property room to purchase equipment. BACKGROUND AND FINDINGS: Under the Texas Code of Criminal Procedure, Article 18.17, all abandoned or unclaimed property and monies in possession of the Police Department that are not evidence or contraband may be delivered to the "person designated by the municipality" for disposition. Proper procedure requires that notice be sent to the owner by certified mail, giving 90 days to reclaim the property. If no claim is received, the funds are available for city use and deposited directly into the City Treasury. Proper notification methods under the Code of Criminal Procedure were followed and no claims were received by purported owners of the funds. Therefore the monies are now available for city use. The Police Department will use the funds to assist in the relocation of the overflow property room located at the old police station which is scheduled to be demolished with the new Harbor Bridge project. The new location will be 1502 Brownlee. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 5,573.49 5,573.49 BALANCE 5,573.49 5,573.49 Fund(s): Police General Fund Comments: RECOMMENDATION: Staff recommends appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Appropriating $5,573.49 from abandoned/unclaimed monies from the Police Property Room; and changing the FY 2015-2016 Operating Budget adopted by Ordinance No.030620 by increasing revenue and expenditures in the General Fund No. 1020 by $5,573.49 each. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funds in the amount of $5,573.49 are appropriated from abandoned/unclaimed monies from the Police Property Room in the No. 1020 General Fund SECTION 2. The FY2015-2016 Operating Budget adopted by Ordinance No. 030620 is amended in accordance with this ordinance and the provisions of the Texas Local Government Code to increase revenue and expenditures by $5,573.49. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM First Reading Item for the City Council Meeting of July 19, 2016 Second Reading Item for the City Council Meeting of July 26, 2016 DATE: TO: July 11,2016 Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager MarkVanVleck@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 FROM: Dan Grimsbo, Interim Director of Water and Utilities DanG@cctexas.com (361) 826-1718 Jeffrey H. Edmonds, P.E., Director, Engineering Services JeffreyE@cctexas.com (361) 826-3851 Engineering Contract Corpus Christi Aquifer Storage and Recovery (ASR) Feasibility Study CAPTION Ordinance amending the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to add Project No. E16265 Corpus Christi Aquifer Storage and Recovery (ASR) Feasibility Study; accepting a Texas Water Development Board grant in the amount of $433,388; appropriating $1,099,320 from Raw Water Supply Development Fund No. 4041; and authorizing the City Manager or designee to execute a Professional Services Contract with HDR Engineering, Inc. of Austin, Texas in the amount of $601,980 for an ASR Feasibility Study. PURPOSE: This agenda item will award a professional engineering services contract with HDR Engineering, Inc. (HDR) on behalf of the Corpus Christi Aquifer Storage and Recovery Conservation District (District) to complete the Corpus Christi ASR Feasibility Study. It will also accept and appropriate a Texas Water Development Board (TWDB) grant contribution and appropriate city funds. The TWDB grant funding ($433,388) requires a contract agreement between TWDB and the District with a local funding match. This is a City/District joint initiative in which the District will lead the study effort through the TWDB contract. HDR will serve as the City/District contract technical representative for this TWDB contract. BACKGROUND AND FINDINGS: Aquifer storage and recovery (ASR) is a long-term water supply strategy to effectively integrate the City's regional water supply system to achieve long-range water planning goals. In 2005, the District was established to protect the groundwater resources within the City limits that represent the District service area. One of the goals of the District is to investigate the feasibility of and potentially develop an aquifer storage and recovery project for the service area. The City actively participates with the District through an Interlocal Agreement to manage and protect the groundwater resources of the District. In 2009, the District completed a proposed five-year plan that identified studies needed to identify potential operational issues and gain confidence in developing a successful ASR program. Project No. E16265 Corpus Christi Aquifer Storage and Recovery (ASR) Feasibility Study is aligned with tasks identified in the District's five-year plan and recent findings from a District study completed in January 2016. The City and District have received a TWDB grant in the amount of $433,388 to conduct an ASR Feasibility Study within the District service area. The investigation of ASR feasibility within the District is a sound investment and important for the following reasons: • Promoting diversification of regional water supplies; • Providing cost-effective regional water supplies to meet competing demands; and • Improving system operations and reduce annual operating costs. The scope of investigation and analysis for this ASR feasibility study includes the following work elements: • Conduct an exploratory test drilling program (up to 3 exploratory boreholes) to collect hydrogeological and geochemical parameters that can be used to characterize a potential ASR system at the selected sites; • Perform geochemical analysis to determine the compatibility of treated, source water for storing within the native aquifer setting; • Develop a field scale groundwater model to simulate storage and recovery operations; • Evaluate ASR operating policy considerations; and • Prepare and submit a technical report and electronic presentation to the TWDB summarizing the findings of District feasibility study. All of the work elements listed above are included in the contract between the District and TWDB. HDR was selected for this study through Request for Qualifications (RFQ) No. 2016-01 Transportation and Utilities. HDR will deliver the final technical report of District feasibility study to the City and TWDB in July/August 2019, in advance of the TWDB contract deadline of August 30, 2019. ALTERNATIVES: 1. Authorize the execution of the consultant services contract and allow the District to subsequently enter into the ASR Feasibility Study contract with the TWDB. (Recommended in support of District's Grant application) 2. Do not authorize the execution of the contract and therefore, not enter into ASR Feasibility Study with the TWDB. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ® Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Budget & Expenditures Current Year Line Item Budget (Water Supply Operating) $325,000 Line Item Budget (Raw Water Supply Development Fund #4041) $1,099,320 Texas Water Development Board Grant 433,388 Total Funds Available $1,857,708 Encumbered / Expended Amount This Item $601,980 Future Anticipated Expenditures This Project** $1,241,136 BALANCE $14,592 Current Year Funding: Water Supply Operating Water Capital Reserves, and TWDB Demonstration Projects for Alternative Water Supplies (TWDB Grant Application 00004151). These Current Year fund resources will be used to establish FY 2015-2016 Water Supply Capital Improvement Project (WS 08 — Corpus Christi Aquifer Storage and Recovery (ASR) Feasibility Study. **Early in Fiscal Year 2016-2017, City staff will bring a contract procurement to the City Council for the exploratory test drilling program of the study's field services investigation required by the TWDB Grant contract. Future procurement of the three test water wells will provide primary data used to analyze and complete the ASR Feasibility Study. Funding for well drilling services and reimbursements are from Raw Water Supply Development Fund No. 4041. Conduct of the field investigation will take twelve to eighteen months to complete. Comments: This project requires approximately 1,110 calendar days with anticipated completion in August 2019. RECOMMENDATION: City Staff recommends approval of the Ordinance as proposed, award of the engineering services contract to HDR, and consent for District acceptance of the TWDB Grant award through contract with the TWDB. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Contract Interlocal Agreement (March 11, 2008) Presentation Form 1295 TWDB Grant Award Notice CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: July 19, 2016 Agenda Item: Ordinance amending the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to add Project No. E16265 Corpus Christi Aquifer Storage and Recovery (ASR) Feasibility Study; accepting a Texas Water Development Board grant in the amount of $433,388; appropriating $1,099,320 from Raw Water Supply Development Fund No. 4041; and authorizing the City Manager or designee to execute a Professional Services Contract with HDR Engineering, Inc. of Austin, Texas in the amount of $601,980 for an ASR Feasibility Study. Amount Required: $601,980.00 Fund Name Accounting Unit Account No. Activity No. Amount Water Grant Fund 1052 116015 433,388.00 Total 433,338.00 ❑ Certification Not Required Director of Financial Services Date: CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: July 19, 2016 Agenda Item: Ordinance amending the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to add Project No. E16265 Corpus Christi Aquifer Storage and Recovery (ASR) Feasibility Study; accepting a Texas Water Development Board grant in the amount of $433,388; appropriating $1,099,320 from Raw Water Supply Development Fund No. 4041; and authorizing the City Manager or designee to execute a Professional Services Contract with HDR Engineering, Inc. of Austin, Texas in the amount of $601,980 for an ASR Feasibility Study. Amount Required: $601,980.00 Fund Name Accounting Unit Account No. Activity No. Amount Water Grant Fund 1052-072 530000 E16265 -01 -1052 -EXP $276,980 Water Fund 4010-30230-072 530000 E16265 -01 -4010 -EXP 325,000 Total $601,980 ❑ Certification Not Required Director of Financial Services Date: Ordinance amending the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to add Project No. E16265 Corpus Christi Aquifer Storage and Recovery (ASR) Feasibility Study; accepting a Texas Water Development Board grant in the amount of $433,388; appropriating $1,099,320 from Raw Water Supply Development Fund No. 4041; and authorizing the City Manager or designee to execute a Professional Services Contract with HDR Engineering, Inc. of Austin, Texas in the amount of $601,980 for an ASR Feasibility Study. WHEREAS, the Corpus Christi Aquifer Storage and Recovery Conservation District (District) was established by the Texas Legislature as an independent political subdivision of the State of Texas with its own authority and duties established by state law to develop and protect municipal aquifer storage areas created by the City of Corpus Christi; WHEREAS, the City of Corpus Christi and the District entered into an Interlocal Agreement (Agreement) for the management of groundwater within the boundaries of the Corpus Christi aquifer storage and recovery conservation district in 2008 under Resolution No. 027606; WHEREAS, the Agreement authorizes the City Manager or designee to execute consulting services contracts for the District that exceed $50,000 after approval by the District Board of Directors with the concurrence of the City Council; WHEREAS, at a special meeting held on June 8, 2016, the District Board of Directors approved entering into an agreement with HDR Engineering Inc. in the amount of $601,980 for an ASR feasibility study. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 is amended to add Project No. E16265 Corpus Christi Aquifer Storage and Recovery (ASR) Feasibility Study. SECTION 2. A grant from the Texas Water Development Board is accepted and anticipated revenues are appropriated in Water Grant Fund 1052 in the amount of $433,388. Revenues and expenditures are increased in the amount of $433,388. SECTION 3. The City will provide a one to one match with the grant for the amount of $433,388. This will come from the Operational Budget amount of $325,000 and a Capital Budget contribution of $108,388. SECTION 4. The City will appropriate $1,099,320 from Raw Water Supply Development Fund No. 4041 and transfer into Fund 4481. SECTION 5. The City Manager, or designee, is authorized to execute a contract for professional services for Corpus Christi Aquifer Storage and Recovery (ASR) Feasibility Project No. E16265 in the amount of $601,980 with HDR Engineering, Inc. of Austin, Texas. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn The foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED on this the day of , 2016 ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor PROJECT BUDGET Corpus Christi Aquifer Storage and Recovery (ASR) Feasibility Study FUNDS AVAILABLE: Water Supply Operating (2016) $ 325,000 Texas Water Development Board Grant $ 433,388 Raw Water Supply Development Fund No. 4041 $ 1,099,320 TOTAL FUNDS AVAILABLE $ 1,857,708 FUNDS REQUIRED: Construction: Well Drilling Estimate (TBD) $ 925,000 Construction Contingency (10%) $ 92,500 Engineering: Engineer Study (HDR Engineering, Inc.) THIS ITEM $ 601,980 Reimbursements: Total Reimbursements. $ 223,636 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) $ 83,597 Engineering Services (Project Mgmt) $ 130,040 Misc $ 10,000 TOTAL $ 1, 843,116 PROJECT BUDGET BALANCE $ 14,592 P Uctem jCCASRCD Boundaries Corpus Christi Legend Corpus Christi ASR Distract r --- i Current CCASRC t---- Slucy Areas City Owned Land Waste Disposal Fa lllty & Farmer Landfill Most F varaWe Area for ASR (Preliminary) Petronila VICINITY MAP NOT TO SCALE Project Number: E16265 Corpus Christi Aquifer Storage and Recovery Feasibility Study CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL 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 of Engineering Services) and HDR Engineering. Inc., a Nebraska corporation, 4401 West Gate Boulevard, Suite 400, Austin, Texas 78745, (Consultant), hereby agree as follows: 1. SCOPE OF PROJECT Corpus Christi Aquifer Storage and Recovery Feasibility Shady (Project No. El 62651 This project is to advance the evaluation of aquifer storage and recover (ASR) feasibility within the Corpus Christi Aquifer Storage and Recovery District (District) through exploratory testing, geochemical analysis and modeling and use this information to develop recommendations for ASR operations. 2. SCOPE OF SERVICES The Consultant hereby agrees to perform services to complete the Project, as detailed in Exhibit "A". In addition, Consultant will provide monthly status updates (project progress or delays presented with monthly invoices) and provide contract administration services, as described in Exhibit "A", to complete the Project. Work will not begin on Additional Services until requested by the Consultant (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3. ORDER OF SERVICES The Consultant agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. FEE The City will pay the Consultant a fee as described in Exhibit "A" for providing services authorized, a total fee not to exceed $601,980.00. Fees invoiced will be computed by multiplying payroll costs by a multiplier of 2.2, plus direct expenses (travel, printing, etc.). Payroll costs include customary and statutory benefits (Fringe Costs) equal to 48.83% of Contract for Professional Services K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16265 CC AQUIFER STORAGE & RECOVERY FEASIBILITY STUDY\CONTRACT\CONTRACT - CCASR.DOCX Page 1 of 5 Salary Costs, subject to equitable adjustment each year to reflect changes in overall compensation procedures and practices and any changes imposed by federal or state laws. Subcontractor costs will be direct expenses without mark-up. Monthly invoices will be submitted in accordance with Exhibit "B". Payments to the District are contingent upon the appropriation of funds by the Texas Legislature. 5. INDEMNITY Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, Texas Water Development Board, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. The Consultant is solely responsible for securing all required licenses and permits from local, state and federal governmental entities and solely responsible for obtaining sufficient insurance in accordance with the general standards and practices of the industry or governmental entities. 6. INSURANCE Consultant agrees to comply with the insurance requirements in Exhibit "C". 7. TERMINATION OF CONTRACT The City may terminate this contract for convenience upon seven days written notice to the Consultant at the address of record. 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 Contract for Professional Services K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16265 CC AQUIFER STORAGE & RECOVERY FEASIBILITY STUDY\CONTRACT\CONTRACT - CCASR.DOCX Page 2 of 5 within the ten days, the agreement will not terminate. In the event of termination, the Consultant will be compensated for its services on all stages authorized based upon Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. 8. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. 9. ASSIGNABILITY The Consultant will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the Consultant staff. If the Consultant is a partnership, then in the event of the termination of the partnership, 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. 10.OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, inspection reports and submittal data will be the sole property of the City, may not be used again by the Consultant without the express written consent of the Director of Engineering Services. However, the Consultant may use standard details that are not specific to this project. 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. Ownership of data, materials and work papers, in any media, that is gathered, compiled, adapted for use, or generated by the Consultant or District shall become the joint property of the District, Consultant, and TWDB. Consultants shall have no proprietary rights in such data, materials and work papers except as permitted by TWDB and District contract. 11. 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 in the same or similar locality and 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. The Consultant and its contracted parties shall keep timely and accurate books and maintain all financial accounting documents and records, including copies of invoices and receipts related to the work under this contract in accordance with generally acceptable Contract for Professional Services K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16265 CC AQUIFER STORAGE & RECOVERY FEASIBILITY STUDY\CONTRACT\CONTRACT - CCASR.DOCX Page 3 of 5 accounting principles. The Consultant shall make them available for examination and audit by City, Executive Administrator of the TWDB, or any other authorized entity of the State of Texas. Accounting by the Consultant and its contracted parties shall be in a manner consistent with generally accepted accounting principles. The Consultant accepts the authority of the Texas State Auditor's Office to conduct audits and investigations in connection with all state funds received pursuant to this contract. The Consultant shall comply with directives from the Texas State Auditor and shall cooperate in any such investigation or audit. The Consultant agrees to provide the Texas State Auditor with access to any information the Texas State Auditor considers relevant to the investigation or audit. The Consultant will submit to audits and investigation by the State Auditor's Office in connection with all state funds received pursuant to the contract. 12. 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. 13. CERTIFICATE OF INTERESTED PARTIES For contracts that exceed $50,000, 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 requires disclosure of "interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 14. CONFLICT OF INTEREST Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- Contract for Professional Services K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16265 CC AQUIFER STORAGE & RECOVERY FEASIBILITY STUDY\CONTRACT\CONTRACT - CCASR.DOCX Page 4 of 5 disclosure/index. 15. ENTIRE AGREEMENT AND CONTROLLING LAW This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 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. 16. CONFLICT RESOLUTION BETWEEN DOCUMENTS Consultant hereby agrees and acknowledges if anything contained in the Consultant - prepared Exhibit "A", Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI HDR ENGINEERING, INC. J.H. Edmonds, P.E. Date Director of Engineering Services RECOMMENDED Operating Department Date APPROVED AS TO LEGAL FORM Legal Department Date APPROVED Office of Management Date and Budget ATTEST Rebecca Huerta Date City Secretary . -. 1 /- K•II-:''.a•,4T. Date e jot' Vic: President 4401 West Gate Boulevard, Suite 400 Austin, Texas 78745 (512) 912-5100 Office (512) 912-5158 Fax Project Name Corpus Christi Aquifer Storage and Recovery Feasibility Study Project Number E16265 Accounting Unit 4080-072 Account 550950 Activity E16265014080EXP Account Category 50950 Fund Name Water CIP Contract for Professional Services K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16265 CC AQUIFER STORAGE & RECOVERY FEASIBILITY STUDY\CONTRACT\CONTRACT - CCASR.DOCX Page 5 of 5 EXHIBIT "A" Corpus Christi Aquifer Storage and Recovery Conservation District and City of Corpus Christi Corpus Christi Aquifer Storage and Recovery Feasibility Project Scope of Work April 28, 2016 HDR along with its team of technical sub -consultants will perform the professional engineering services described in this Scope of Work. The objective of the study is to determine aquifer storage and recovery (ASR) feasibility within the Corpus Christi Aquifer Storage and Recovery District (District) through exploratory testing, geochemical analysis, and modeling and use this information to develop recommendations for ASR operations. Background The District, with support from the City, is actively studying ASR and to promote water supply resiliency for industrial customers and for cost-effective long term regional water supply. The District developed a 5 -year plan in 2009 which ,CCASRCDBoundaries included a schedule of major elements of an N ,/' \ Log.ne ASR feasibility plan. In support of the 5-'w"` e;°° sivar Oeee year plan, the TWDB conducted a geologic " 5 `°' m.tyowned Land f F r` �• ' r�.„i�yi s'wRrcr characterization of the District and 1=17surrounding counties in 2012. In 2015, the , ' !°. District performed a desktop aquifer characterization study at three specific areas within the District boundaries which was Airport ROi>amwn 'y delivered in a 2016 report entitled "Aquifer "`"" \ A Characterization Study for ASR Feasibility" feA • The study identified a preferred ASR test drilling location (Figure 1) based on interpretation of nearby geophysical logs that showed favorable permeable zones comprised of sand or mostly sand spanning a few hundred feet within the lower Chicot and/or upper Evangeline Aquifers, in either continuous unit or at multiple intervals considered most desirable for ASR development. The results of the 2016 study serve as a basis for this scope of work, and continue pursuit of the 5 -year plan with site-specific hydrogeological and geochemical testing and modeling to determine the optimal intervals within these formations for ASR development and operation. Corpus Christi Greenwood wwTP Neve=r, 2015 r � I -y Figure 1- Study areas and preferred ASR test drilling location In January 2016, the TWDB selected the District to receive a grant award of $433,000 to assist with tasks outlined in this Scope of Work. The City committed $325,000 in Fiscal Year 2016 to evaluate ASR feasibility. The scope of work items utilizes data collected from previous studies and fulfills the second through final year of the 5 -year plan developed in 2009. EXHIBIT "A" Page 1 of 7 Organization of Scope of Work As Basic Services, HDR will perform six major tasks for ASR feasibility. Drilling services will be contracted directly, in a separate contract, between qualified driller and the District. HDR will provide technical and support services necessary to select a qualified driller and supervise field collection activities as denoted in the Scope of Services below. 0. Formulate Program: HDR understands that a successful ASR testing program hinges on good communication and clear vision. HDR will meet with District and City Staff to identify goals and objectives. Based on the meeting outcome, HDR will confirm drilling techniques appropriate to project objectives, develop a field testing plan, and summarize results in a brief technical memorandum to include a discussion of trade-offs in drilling techniques. HDR will provide updates and requests for feedback during critical phases to achieve project success. 1. Develop and Supervise Exploratory Test Drilling Program: The HDR team will provide supervision and technical support for up to three exploratory boreholes to a depth of about 1,200 feet to assess the geology, hydrogeology, water quality, and geochemistry. The test drilling program will be used to assess potential storage zones for treated water and also confining intervals that will limit vertical movement of water from the target storage zone. The goal of the program is to collect hydrogeological and geochemical parameters that can be used to characterize a potential ASR system at the selected sites. HDR will summarize the results gained from the exploratory test program in a brief technical memorandum. 2. Perform Geochemical Analysis and Modeling: The HDR team will conduct a geochemical analysis to determine the compatibility of treated, source water for storing within the native aquifer setting. This phase is critical in understanding water quality compatibilities to avoid reactions that lead to clogging of the near -well pore space or mobilization of undesirable constituents from aquifer, increasing their concentration in the water when it is recovered. This task will include a brief technical memorandum to determine whether either of these situations is likely to occur, and what operational approaches, water treatment, and/or aquifer conditioning might be necessary. 3. Develop a Field Scale Groundwater Model to Simulate Storage and Recovery Operations: The HDR team will construct a numerical model using one of the MODFLOW family of groundwater codes, along with a transport code such as MT3DMS or SEAWAT if saline water and density effects are found to be potentially important from Tasks 1 and 2. HDR will meet with District and City Staff to identify ASR operational scenarios for model simulation and the model will be used to simulate up to four scenarios with different schedules and rates. Recovery efficiencies will be evaluated based on native water quality and likely ASR operations. HDR will summarize the results of this task in a brief technical memorandum to include modeling assumptions, results, and operational considerations. 4. Evaluate ASR Operating Policy Considerations: The HDR team will identify considerations for ASR operating policy to mitigate risk and uncertainty. HDR will summarize in a brief technical memorandum and provide recommendations of well yields, recovery efficiencies, and operations. 5. Meetings and Deliverables: HDR will meet with the TWDB, District, and the City to present interim results; provide TWDB status reports; and prepare draft and final reports. EXHIBIT "A" Page 2 of 7 Scope of Work Tasks 0. Formulate Program - Task 0.1- Prepare and meet with the District to identify goals, objectives, and preferred source water for ASR. Submit water quality data request to the City including list of constituents of interest for the study. Task 0.2- Confirm drilling and sampling techniques to accomplish project objectives. Task 0.3- Develop preliminary test drilling, sampling, and well construction plan. Task 0.4- Prepare and deliver technical memorandum discussing trade-offs in drilling techniques. Meet with District (one meeting) and City Council (one meeting) to discuss the memorandum and study progress. 1. Develop and Supervise Exploratory Test Drilling Program Task 1.1- Confirm test program approach including location, review of nearby logs to gain insight on local aquifer structure and stratigraphy. Task 1.2- Prepare design and specifications for test drilling program and contract documents. This subtask includes HDR participation in the following activities and up to three meetings with driller related to the following: Pre-bid meeting, receipt of proposals, bid opening, summary of bids received, coordination and interview of drillers (as needed). Meet with the District (one meeting) to provide recommendation on driller selection. Task 1.3- Design and supervise a test drilling program of up to three boreholes. Task 1.4- Collect and classify lithology at discrete depth intervals (30 to 45 feet) or perceived formation changes to characterize permeable sand zones and impermeable clay intervals. Sieve analysis of collected lithology samples may be used to determine grain size to use as a qualitative measurement of permeability. Task 1.5- Collect core samples while drilling through permeable and confining areas of the borehole. Cores will be collected for hydraulic testing and sent to the laboratory for geochemical analysis. Laboratory measurements on each core for modeling purposes include, photograph, grain -size, x-ray diffraction (mineralogy), x-ray fluorescence (chemistry), cation exchange capacity with individual exchangeable cation concentrations, thin section petrology, scanning electron microscopy photomicrographs and acid insoluble residue analysis. Task 1.6- Collect water quality samples and specific capacity testing at intervals beginning in the lower Chicot to determine salinity and relative specific capacity of the encountered formations as the borehole is advanced. Periodically, the following field measurements will be obtained: temperature, conductivity, pH, oxidation reduction potential (closed cell), dissolved oxygen and turbidity. Samples will be collected for laboratory analysis of regulated constituents based on TCEQ requirements and may include: silica, aluminum, both dissolved and total iron and manganese, calcium, magnesium, sodium, potassium, total alkalinity, sulfate, chloride, fluoride, nitrate, ammonia, total Kjeldahl nitrogen, total phosphorus, phosphate, total organic carbon, total dissolved solids, total suspended solids, specific conductance and pH. Task 1.7- Analyze geophysical logs and identify sand intervals for isolation and pump testing. Results will be used to develop well screen interval recommendations. Task 1.8- Provide field support for isolated interval testing (pump tests), while collecting continuous water levels to calculate hydraulic conductivity. Collect water quality samples representative of discrete intervals and send water quality samples to laboratory for analysis. Packer tests if practicable will be conducted to isolate discrete intervals of the borehole for hydraulic conductivity testing. At the EXHIBIT "A" Page 3of7 end of the pumping phase, a water quality sample will be collected for laboratory analysis and at least one will be analyzed for a full suite of chemical constituents, including radionuclides. Task 1.9- Prepare and deliver a technical memorandum summarizing the exploratory drilling program. Meet with District (one meeting) during interim stage of Task 1 to provide an update on field activities. 2. Perform Geochemical Analysis and Modeling Task 2.1- Collect and analyze water quality data from Stevens WTP, Greenwood WWTP, or other potential recharge water sources as provided by City staff. One sample will be collected by HDR and analyzed for a full suite of chemical constituents, including regulated organic, inorganic and radionuclide constituents, at a minimum. Additional laboratory analyses for modeling purposes include: silica, aluminum, both dissolved and total iron and manganese, calcium, magnesium, sodium, potassium, total alkalinity, sulfate, chloride, fluoride, nitrate, ammonia, total Kjeldahl nitrogen, total phosphorus, phosphate, total organic carbon, total dissolved solids, total suspended solids, specific conductance and pH. Task 2.2- Perform geochemical modeling of representative potential recharge water sources, native groundwater from individual developed ASR wells and mixtures of source and native groundwater using PhreeqC or The Geochemical Workbench thermodynamic modeling software. Results of the modeling will be used to determine source compatibility with the aquifer mineralogy and physiochemical matrix of individual ASR wells. Aquifer characteristics and field and laboratory measurements from the exploratory testing program (Task 1.5 & Task 1.6 & Task 1.8) will be used in the modeling effort. Clay mineralogy and CEC cation chemistry will be particularly important to this project because of chemical and total dissolved solids differences in the source and native groundwater. Task 2.3- Prepare and deliver technical memorandum to include laboratory test report, summary of modeling findings, and geochemical analysis. Meet with District (one meeting) and City Council (one meeting) to discuss results of exploratory testing program and geochemical analysis. 3. Develop a Field Scale Groundwater Model to Simulate Storage and Recovery Operations: Task 3.1- Select grid and layering of model based on Task 1- drilling program and previous studies. Task 3.2- Construct a local, field scale model and assign aquifer model parameters. Task 3.3- Meet with the District to identify ASR operational scenarios for modeling, to include recharge, production schedule, and rates in accordance with District goals. Task 3.4- Prepare model simulations for up to four scenarios to evaluate the aquifer response of recharge and recovery for different schedules and rates, including likelihood of stratification within storage and movement during injection/idle/recovery periods. These simulations would span seasonal operations (recharge in the winter and recovery in the summer) and long-term water banking Task 3.5- Evaluate impact of native brackish groundwater on ASR recovery. Task 3.6- Prepare and deliver technical memorandum summarizing modeling assumptions, results, and operational considerations. 4. Evaluate ASR Operating Policy Considerations Task 4.1- Using results from Tasks 1-3, identify considerations for ASR operating policy to mitigate risk and uncertainty. Such items will include but not be limited to TCEQ regulations, water quality standards, subsidence, and supply protection measures. Task 4.2- Prepare and deliver technical memorandum summarizing ASR operating policy considerations considering estimated well yields and recovery efficiencies. Meet with District (one meeting) and City Council (one meeting) to discuss ASR operating policy and study progress. EXHIBIT "A" Page 4 of 7 5. TWDB Coordination Meetings, Draft and Final Report Deliverables and Meetings * Note: Meetings related to specific tasks and interim deliverables (technical memorandums) are included above in Tasks 0-4. Task 5.1- Prepare for and participate in a TWDB coordination meeting and up to three (3) project status meetings with representatives of the TWDB and District/City staff to provide updates and interim results of the studies. Task 5.2- Prepare status reports to the TWDB after each major task to summarize preliminary findings. Task 5.3- Prepare and submit a draft report and electronic presentation to the District. Meet with the District (one meeting) and meet with City Council (one meeting) to summarize results of the draft report. Submit draft report to TWDB, not later than March 29, 2019. The report to include the following items to assess ASR feasibility for the study areas: • Favorability of ASR well development for each area tested in the exploratory drilling program; • Ranking of investigated areas based on ASR well feasibility; • Optimal depths and storage intervals of planned ASR wells; • Recommended injection and recovery rates per well for optimal performance; • Considerations regarding geochemical compatibility and pre-treatment needs, if applicable; • Number of wells to meet available flow volumes and desired objectives; • ASR operational and policy considerations; and • Next steps to complete an EPA Class V ASR well permit application. Task 5.4- Prepare and submit a final report and electronic presentation to the District. Meet with the District (one meeting) and meet with City Council (one meeting) to summarize results of the final report. Submit final report to TWDB within six weeks of receipt of comments on the draft, not later than June 27, 2019. Project Schedule The schedule is provided in Attachment 1. The draft report is scheduled to be provided to the District no later than January 4, 2019 in order to provide adequate review schedule for delivery of draft report to the TWDB by March 29, 2019. All work must be completed by August 30, 2019, which is the TWDB Contract Expiration deadline. EXHIBIT "A" Page 5of7 Fee Estimate The following table summarizes the fee for Tasks identified in the above scope of work. TASK BUDGET TASK DESCRIPTION AMOUNT 0 Formulate Program $44,287 1 Exploratory Test Drilling Program $276,055 2 Geochemical Analysis $65,906 3 Field Scale Groundwater Model $116,753 4 ASR Operating Policies $29,553 5 TWDB Coordination, Draft/Final Deliverables and Meetings $69,427 Total $601,980 EXPENSE BUDGET CATEGORY AMOUNT Salaries & Wages $168,745 Fringe $82,398 Overhead/Profit $294,592 Travel $18,550 Supplies/Misc $27,097 Tech/Computer $9,598 Reproduction $1,000 Total $601,980 EXHIBIT "A" Page 6 of 7 Attachment 1 Corpus Christ Aquifer Storage and Recovery Feasibility Project (Update Version 2, April 22, 20161 Deliverables Draft Report to District- lamely 4, 2019 Draft Report to IAMB March 29, 2019 Receive Comments (60 d)- May 28, 2019 Final Dar -June 27, 2019 TWDBAcreplanee/Approval-July 2019 Contract Expiration- ARAD, 7019 City Council meeting -MDR meeting Ustnict meeting Deliverable tDrilling services meetings- (1)solicitation of proposaIs; respond to driller inquiries (2) receipt of proposals; list of performance-based drillers for consideration (3) open cost bids Gly/DilricL le Retain Driller by March 24, 2017 EXHIBIT "A" Page 7 of 7 M 1 1 2016 AS ONDJ FMAMJ 2017 1 A SOND 1 FMAMJ 2018 J A SONS 1 FMAM 2019 1 1 A Contract Development/Approval 1 Task 0 Formulate Program 1 Task 1- Exploratory Test Drilling Program Task 2-Geochemical Analysis iQM Task 3- Field Scale Groundwater Model 41 Task 4 -ASR Operating Policies41 Task 5-1WD0 Coordination Meetings, and Drafl/Final RepurL Deliverables arid Meetings 404 4 ■ (1 , Deliverables Draft Report to District- lamely 4, 2019 Draft Report to IAMB March 29, 2019 Receive Comments (60 d)- May 28, 2019 Final Dar -June 27, 2019 TWDBAcreplanee/Approval-July 2019 Contract Expiration- ARAD, 7019 City Council meeting -MDR meeting Ustnict meeting Deliverable tDrilling services meetings- (1)solicitation of proposaIs; respond to driller inquiries (2) receipt of proposals; list of performance-based drillers for consideration (3) open cost bids Gly/DilricL le Retain Driller by March 24, 2017 EXHIBIT "A" Page 7 of 7 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees EXHIBIT "B" SAMPLE PAYMENT REQUEST FORM COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 07/27100 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0°,6 TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 _ $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% Contract for Professional Services Exhibit B EXHIBIT "C" Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (001) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions 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 Consultant 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. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.6.3 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, or non -renewal in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.7 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and defimtions. COMPANY NAME: HDR Engineering, Inc. P. O. BOX: STREET ADDRESS: 4401 West Gate Blvd, Suite 400 FIRM IS: 1. Corporation fT] 4. Association CITY: Austin 2. Partnership 5. Other ZIp: 78745 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) Nf ,A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS Ifa person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)J 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: Kelly J. Kaatz, P.E. (Type or Print) Signature of Certifying Person: Title: Senior Vice President Date: (0/i Shh 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. Corpus Chr sti Engineering Corpus Christi Aquifer Storage and Recovery (ASR) Feasibility Study Council Presentation July 19, 2016 ASR Fundamentals Corpus Chr sti Engineering Water H S Water Injected To Storage _ Recovered During During Low Demand High Demand,>� 2 Study Background Carpus Chr sti Engineering • ASR is a long-term water supply strategy; • CCASRCD (District) established to manage and protect local groundwater; • The City resources the District with administrative and financial support; • This study- • Builds upon previous studies to better understand ASR feasibility • Supports District objectives to manage and protect local groundwater; • Carries out remaining tasks identified in the District's 5 year plan (2009) • Received a competitive, TWDB grant award of $433,388 District Service Area Corpus Chr sti Engineering Corpus Christi Aquifer Storage and Recovery District San Patricio Legend i..J Clly Limits Boundary a Recovery oiatnct Q MPO Sou., Aransas Com Kleberg County i Magus County San Patello County Nueces Kleberg N w X11` 5 Study Opportunity Corpus Chr sti Engineering This ASR Feasibility Study is important to: • Promote regional water supply diversification • Evaluate regional water supply cost-effectiveness • Enhance water system operational efficiency • Conserve and repurpose the City's existing water resources Study Location Corpus Chr sti Engineering /CCASRCD Boundaries Corpus Christi e®end Corpus GTnaa ASR Dzlrlui —I Current CCASRCD --- $tuay Areas - City owned Land Waste Disposal dada Hy & Farmer Landfill Aeat for FSR e (Prellminary) 05 Petronila 6 Study Scope Corpus Chr'sti Engineering The scope of this Study includes: • Formulation of program • Exploratory test drilling program • Geochemical analysis • Field scale groundwater availability model • ASR operating policy considerations; and CAS! CONFINING UNIT AQUIFER TRANSRION FLUSHEQ RIISHEQ 2QNE 'H ZONE VH ZONE {' 20NE (20NE OF ONE OF 3 MISINE) G) t 3 CASING CONFINING UNIT A technical report of findings to the City and the TWDB Source of Image: USGS, 2004 Study Schedule Carpus Chr sti Engineering 2016 2017 2018 2019 A s 0 N D J F M A M J J A s 0 N D J F M A M J J A s 0 N D J F M A M J J A ASR Feasibility Study Project Estimate: 1,110 Calendar Days = 37 Months Projected Schedule reflects City Council award in July 2016 with draft report delivered to the TWDB in March 2019. Discussion Corpus Chr st1 Engineering 9 INTERLOCAL AGREEMENT FOR MANAGEMENT OF GROUNDWATER WITHIN THE BOUNDARIES OF THE CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT This Interlocal Agreement is entered into by and between the City of Corpus Christi, Texas ("City") and the Corpus Christi Aquifer Storage and Recovery Conservation District ("CCASRCD"). Recitals WHEREAS, CCASRCD was established by the Texas Legislature, as an independent political subdivision of the State of Texas, with its own authority and duties established by State law, to develop and protect municipal aquifer storage areas created by the City of Corpus Christi, WHEREAS, the City appoints the CCASRCD's board of directors, WHEREAS, CCASRCD does not have the authority to tax, issue bonds, or use the power of eminent domain, but does have the authority to raise revenue through permit fees and fees for service, WHEREAS, the activities of the CCASRCD are intended to support the City's potable water storage and distribution system, the activities of the CCASRCD need to be closely coordinated between the two entities, and WHEREAS, the purpose of this Agreement is to clarify the roles of the City and CCASRCD relating to the development and protection of municipal aquifer storage areas created by the City of Corpus Christi, NOW, THEREFORE in consideration of the mutual covenants in this Agreement, the participating local governments (the "Parties"), authorized by appropriate actions of their governing bodies, hereby agree as follows: 1. Scope of Services. a. The City will perform the following services for CCASRCD: (1) Authorize City employees to serve as directors of the CCASRCD, without compensation from CCASRCD. (2) AIIow the City Manager, or the City Manager's designee, to serve as the General Manager of the CCASRCD, without compensation from CCASRCD. (3) AIIow the Assistant City Manager to designate other City employees to perform services for the CCASRCD, without compensation from CCASRCD. 2008-079 03/11/08 Res. 027606 :EMENT.doc CC Aquifer Stor. & Recov. Distr. 1 (4) As the agent of the CCASRCD, solicit, negotiate, and contract with consultants to assist with CCASRCD functions. (a) The City employees involved shall follow normal City procurement policies. (b) The Assistant City Manager, as CCASRCD General Manager, is authorized to execute contracts for consulting services that do not exceed the limit at which competitive bids are required under the Texas Local Government Code, as amended (which will be referred to in this Agreement as the "procurement limit"), without the approval of the CCASRCD Board of Directors. (c) Contracts for consulting services over the procurement limit must be approved by the CCASRCD Board of Directors before it is executed. (d) The City shall reimburse the CCASRCD for the costs of any contracts for consulting services. (e) Before any contract for consulting services that will involve an expenditure over the procurement limit is executed, the CCASRCD shall obtain the concurrence of the City Council. (5) All City employees acting as agents for the CCASRCD shall comply with both the City's and CCASRCD's codes of ethics. Acting for both the CCASRCD and City in the same or related matter is not considered a conflict of interest under either code of ethics. (6) Authorize City employees to travel on CCASRCD business, and reimburse the City employees for any travel expenses under applicable City travel policies and procedures. (7) Maintain the financial records of the CCASRCD. The records must be maintained as separate funds, and shall be maintained under applicable City policies and procedures as applied to other City funds. (8) Invest any CCASRCD funds. The CCASRCD funds must be invested under applicable City policies and procedures in the same manner as the City invest its own funds. (9) Maintain and manage the records of and information acquired by the CCASRCD. (a) The CCASRCD's Records Management Program and Records Retention Schedule are modeled on the City's Records Management Program and Records Retention Schedule. CCASRCD INTERLOCAL AGREEMENT.doc 2 (b) The CCASRCD General Manager is the CCASRCD Records Management Officer. The City Secretary will assist the CCASRCD Records Management Officer. (c) The CCASRCD board designates the City Secretary, or his/her designee, as the Public information Coordinator to satisfy the training requirement of Texas Government Code, Section 552.012. (10) As agent for the CCASRCD, build, acquire, or obtain property and install improvements and facilities. (a) The City shall reimburse the CCASRCD for 100% of the costs incurred to acquire or obtain property and to install or construct improvements and facilities. (b) Before any property is acquired, capital improvements made, or facilities constructed or installed, which costs more than procurement limit, the CCASRCD shall obtain the concurrence of the City Council. (11) Develop groundwater management plans, including: (a) Regional comprehensive management plan with other groundwater and surface water management entities and (b) CCASRCD management plan. (12) Provide insurance coverage within the City's insurance plan for CCARSCD, its officers and City staff performing duties for CCARSCD. b. The CCASRCD will perform the following services for the City: (1) Adopt rules relating to the following, if necessary to protect the City's aquifer storage and recovery wells and system, before the wells and system are placed into operation: (a) Limits on groundwater production, (b) Spacing of wells, (c) Conservation, preservation, protection, and recharge of groundwater, (d) Subsidence control, (e) Prevention of degradation of water quality, and (f) Prevention of waste of groundwater. (2) Enforce the CCASRCD rules by injunction, civil penalties, and other remedies. CCASRCD INTERLOCAL AGREEMENT.doc 3 (3) Build, acquire, or obtain property and install improvements and facilities. (4) Purchase, sell, transport, and distribute surface water and groundwater, in consultation with the City. All contracts for the purchase, sale, transport, or distribution of surface or groundwater must be approved the City's City Council before it is executed. (5) Conduct surveys of groundwater. (6) Conduct research. (7) Require submission of accurate well driller logs for wells within the CCASRCD boundaries. (8) Require permits for drilling, equipping, operating, completing, or substantially altering wells and well pumps within the CCASRCD boundaries. (9) Regulate well spacing and production. (10) Require the closing or capping of open and uncovered wells. (11) Regulate the transfer of groundwater outside CCASRCD. (12) Adopt appropriate permit fees and fees for service to provide revenue for CCASRD activities. (13) Provide reimbursement to the City for expenses incurred under this Agreement, when sufficient revenue exists in CCASRCD accounts for such reimbursement. 2. Budgets. a. CCASRCD shall prepare and submit to the City's budget office a budget for its activities that includes projections of expenditures that the City is required to reimburse during the City's next fiscal year. b. The City Council shall review and approve the portion of the CCASRCD budget that is funded by the City, as part of its approval of the City budget. c. The expenditure for any items that are specifically identified in the CCASRCD budget that was approved by the City Council is considered to have been approved by the City Council. d. Amendments to the budget may be made during a fiscal year with the approval of the City Council. 3. Other Agreements, Supplementary Agreements and Protocols. The Parties are encouraged to enter into additional agreements and protocols as convenient or necessary. CCASRCD I NTERLOCAL AGREEMENT.doc 4 4. Implementation. The City Manager and CCASRCD General Manager are authorized and directed to take all steps necessary or convenient to implement this Agreement, and shall cooperate in developing a plan for the implementation of the activities provided for in this Agreement. 5. Participation Notice. Each Party shall notify the other Parties of its participation in this Agreement by furnishing an executed original of the attached Participation Notice. 6. Warranty. The Agreement has been officially authorized by the governing body of each Party, and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective Party to this Agreement. 7. Administrative Services. The City agrees to provide administrative services necessary to coordinate this Agreement, including providing Parties with a current list of contact information for each Party. 8. Federal and State Participation. Federal and state entities and other local governments may participate in this Agreement, to the extent of any limitations of their authority, by furnishing an executed original of the attached Participation Notice to the City. 9. Expending Funds. Each Party, which performs services under this Agreement, will do so with funds available from current revenues of the Party. No Party shall have any liability for the failure to expend funds to provide aid under this Agreement. 10. Term of Agreement. a. This Agreement shall become effective as to each Party when approved and executed by that Party. b. Once approved by all Parties, this Agreement shall be for a term of one year, and shall be automatically renewed annually, unless any party its participation by giving written notice to the other parties at least sixty days before the end of each annual term. c. Termination of participation in this Agreement by any Party does not affect the continued operation of this Agreement between and among the remaining Parties, and this Agreement shall continue in force and remain binding on the remaining Parties. 11. Oral and Written Agreements. All oral or written agreements between the parties relating to the subject matter of this Agreement, which were developed prior to the execution of this Agreement, have been reduced to writing and are contained in this Agreement. 12. Entire Agreement. This Agreement, including Attachments, represents the entire Agreement between the Parties and supersedes any and all prior agreements between the parties, whether written or oral, relating to the subject of this agreement. CCASRCD INTERLOCALAGREEMENT.doc 5 13. Interlocal Cooperation Act. The Parties agree that activities contemplated by this Agreement are governmental functions and services" and that the Parties are "local governments" as that term is defined in the Interlocal Cooperation Act. 14. Severability. If any provision of this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement, which can be given effect without the invalid provision. To this end the remaining provisions of this Agreement are severable and continue in full force and effect. 15. Validity and Enforceability. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement continue in full force and effect. 16. Not for Benefit of Third Parties. This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. 17. Exercise of Police Power. This Agreement and all activities under this Agreement are undertaken solely as an exercise of the police power of the Parties, exercised for the health, safety, and welfare of the public generally, and not for the benefit of any particular person or persons and the Parties shall not have nor be deemed to have any duty to any particular person or persons. 18. City policies and procedures to control. In activities conducted or performed by City staff under the terms of this Agreement, City staff shall conform to applicable City policies and procedures, as though the staff member was performing a City task or duty. 19. Immunity not Waived. Nothing in this Agreement is intended, nor may it be deemed, to waive any governmental, official, or other immunity or defense of any of the Parties or their officers, employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement. 20. Civil Liability to Third Parties. Each Responding Party will be responsible for any civil liability for its own actions under this Agreement, and will determine what level, if any, of insurance or self-insurance it should maintain for such situations. 21. No Liability of Parties to One Another. One Party may not be responsible and is not civilly liable to another for not responding, or for responding at a particular level of resources or in a particular manner. Each Party to this Agreement waives all claims against the other Parties to this Agreement for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement, except those caused in whole or in part by the negligence of an officer, employee, or agent of another Party. 22. Notices. a. Notices under this agreement may be delivered by mail as follows: CCASRCD INTERLOCAL AGREEMENT.doc 6 City: City of Corpus Christi Attn: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 CCASRCD: Corpus Christi Aquifer Storage and Recovery Conservation District Attn: General Manager P.O. Box 9277 Corpus Christi, Texas 78469-927 b. The parties to this agreement may specify to the other party in writing another address for notice. 23. Amendments to Agreement. a. This Agreement may not be amended except by written agreement approved by the governing bodies of the Parties. b. No officer or employee of any of the Parties may waive or otherwise modify the limitations in this Agreement, without the express action of the governing body of the Party. 24. Captions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. 25. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall be in accordance with the Texas Rules of Civil Procedure. CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT ATTEST: By: C �j A 7Z - Oscar Martinez, President Fred Segundo, Secretary vlr -3- 0 Date: - 3 • o k Date: CCASRCD INTERLOCAL AGREEMENT.doc 7 CITY OF CORPUS CHRISTI ATTEST Arma • o Chapa City Secretary APPROVED AS TO FORM: This ,49t day ofn.kbaj, 2008 wiltuu Gary . Smith Assistant City Attorney For City Attorney CCASRCD INTERLOCAL AGREEMENT.doc By: GefSrge K. Noe City Manager ,4,12 _____"._. AUTISUIPt6 rt COUNCIL 0 3 I I,,,.„ .ie 11.7 iv 3 ton 8 PARTICIPATION NOTICE I hereby notify the Parties that Corpus Christi Aquifer Storage and Recovery Conservation District has approved participation in the Interlocal Agreement for Management of Groundwater within the Boundaries of the Corpus Christi Aquifer Storage and Recovery Conservation District, by lawful action of its governing body, a true copy of which is attached and incorporated in this Agreement. Fred Segu Secretary CCASRCD INTERLOCAL AGREEMENT.doc Date 9 PARTICIPATION NOTICE I hereby notify the Parties that the City of Corpus Christi has approved participation in the Interlocal Agreement for Management of Groundwater within the Boundaries of the Corpus Christi Aquifer Storage and Recovery Conservation District, by lawful action of its governing body, a true copy of which is attached and incorporated in this Agreement. (4tree,-, 3/►Y1. Armando Chapa Date City Secretary CCASRCD INTERLOCAL AGREEMENT.doc 10 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-70903 Date Filed: 06/15/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. HDR Engineering, Inc. Austin, TX United States -2 Narne of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E16265 Corpus Christi Aquifer Storage and Recovery Feasibility Study 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary HDR, Inc. Omaha, NE United States X Little, George A. Omaha, NE United States X Keen, Eric L. Omaha, NE United States X Felker, Brent R. Davis, CA United States X O'Reilly, Charles L. Boston, MA United States X 5 Check if there is NO Interested Party. only ■ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. ' '' . MICHELLE M BRITTON i'r Ari `�'; NOTARY PUBLIC •• • Fra : = State of Texas 'r . Corrin ' 06-27-2017 Seof hori •d ag- t of • antracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, the said � ,this the `.7 ria of J(//2E? by /1( ,2C/ / Z 1 y J 20 14, , to certify which, witness my hand and seal of office. AllMh (16(.-i S" ar laft u� Th1 /f'/0 Signature of officer administering oath Printed name of officer administering oath Title of officer ad unistering oath Forms provided by Texas Ethics Commission www.ethic,s.state.tx.us Version V1.0.1021 Texas Water Development Board P.O. Box 13231, 1700 N. Congress Ave. Austin, TX 78711-3231, www.twdb.texas.gov Phone (512) 463-7847, Fax (512) 475-2053 January 20, 2016 Mr. Brent Clayton Corpus Christi Aquifer Storage and Recovery Conservation District 1201 Leopard Street Corpus Christi, TX 78401 email: brentc@cctexas.com cctexas.com Re: Texas Water Development Board's TRD No. 201504075, Demonstration Projects for Alternative Water Supplies. TWDI3 Grant Application 00004151 Dear Mr. Clayton: Congratulations! The Texas Water Development Board's six -member governing Board approved your application request in an amount not to exceed $433,388.00 at their regularly scheduled meeting on January 19, 2016. A draft contract will be prepared in the next couple of weeks for your review. If you have any questions or concerns, please contact Erika Mancha at (512) 463-7932. Da ' Carter Agency Contract Administrator Our Mission To provide leadership, information, education, and support for planning, financial assistance, and outreach for the conservation and responsible development of water for Texas Board Members Bech Bruun, Chairman ! Kathleen Jackson, Member + Peter Lake, Member Kevin Patteson, Executive Administrator AGENDA MEMORANDUM Future Item for the City Council Meeting of July 19, 2016 Action Item for the City Council Meeting of July 26, 2016 DATE: July 12, 2016 TO: Margie C. Rose, City Manager FROM: Mike Markle, Police Chief mikema(c�cctexas.com (361) 886-2601 Maria Pedraza, Procurement Manager mariape(c�cctexas.com (361) 826-3176 Chemical Vent Hood Replacement CAPTION: Motion approving a service agreement with Haldeman Homme, Inc. of Minneapolis, Minnesota with offices in Austin, Texas and Houston, Texas for the chemical vent hood replacement at the Corpus Christi Police Department, Forensics Division, in accordance with Bid Event No. 84, based on the lowest, responsive, responsible bid for an amount of $88,215.00. Funds are available in FY 2015-2016. PURPOSE: This is a motion to approve a service agreement to replace chemical vent hoods at the Corpus Christi Police Department, Forensics Division. BACKGROUND AND FINDINGS: The replacement of these chemical vent hoods in the Crime Laboratory of the Police Department's Forensic Services Division is vital to the occupational health and safety of employees. The current equipment was installed in 1991 when the main police building was moved to John Sartain St. Since that time the chemical vent hoods have become severely corroded, do not function and are in need of replacement. 45 vendors were notified of Bid Event via the City Supplier Portal, and only one bid was received. ALTERNATIVES: None. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Police Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $631,681.34 $0 $631,681.34 Encumbered / Expended Amount 131,319.82 0 131,319.82 This item 88,215.00 0 88,215.00 BALANCE $412,146.52 $0 $412,146.52 Fund(s): Law Enforcement Trust Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: JEANNETTE P. TIJIERNA ITEM 1 2 DESCRIPTION Purchase and installation of 96" chemical vent hood. Work to include demolition of existing fume hood, exhaust system and fan. Installation to be turnkey. Purchase and installation of 48" chemical vent hood. Work to include demolition of existing fume hood, exhaust system and fan. Installation to be turnkey. QTY. 1 1 BID TABULATION VENT HOOD REPLACEMENT UNIT each each Haldeman Homme, Inc. Austin, Texas UNIT PRICE $47,889.00 $40,326.00 EXTENDED PRICE $47,889.00 $40,326.00 Total: $88,215.00 Service Agreement Agreement No. 802 CHEMICAL VENT HOOD REPLACEMENT THIS Chemical Vent Hood Replacement Agreement_("Agreement") is entered into by and between Haldeman Homme, Inc. ("Contractor"), of Minneapolis, Minnesota with offices in Austin, Texas and Houston Texas and the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), effective for all purposes upon execution by the City Manager or designee ("City Manager"). WHEREAS, Contractor has bid to provide Chemical Vent Hood Replacement in response to the City's Request for Bids ("RFB No. 84") which RFB with any related Scope of Work and specifications, and bid response, are incorporated by reference into this Agreement as Exhibits "1 and 2"; WHEREAS, the City has determined Contractor to be the lowest, responsive, responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Scope. Contractor will provide Chemical Vent Hood Replacement ("Services") in accordance with this Agreement and the Scope of Work as shown in Attachment "A". 2. Term. This Agreement is for 17 weeks, commencing on the issuance of a notice to proceed. 3. Compensation and Payment. This Agreement is for a lump sum of $88,215 subject to authorized extensions and changes. Payments will be allowed in accordance with Attachment "B" Schedule of Prising. Payment terms are net 30 days after the goods are provided or services are completed, as required or a correct invoice is received, whichever is later. 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. All of the Contractor's notices or communications regarding this Page 1 of 6 City of Corpus Christi Service Agreement dated 6.24.16 Agreement must be directed to the Contract Administrator or designee ("Contract Administrator") as follows: John Hornsby, Forensic Services Supervisor Corpus Christi Police Department 321 John Sartain St. (361) 886-2636 JohnH@cctexas.com 5. Independent Contractor. Contractor will perform the Services as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 6. Insurance. Before Services can begin under this Agreement, the Contractor's insurance company (ies), must deliver a Certificate of Insurance, as proof of the required insurance coverage, to the Contract Administrator. Additionally, the Certificate must state that the Contract Administrator will be given at least 30 days notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. Insurance Requirements are outlined in Attachment "C". 7. Warranty. The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, materials and workmanship under this Agreement shall be warranted by the Supplier for a period of one year from date of installation and includes replacement of parts (except lamps) and labor. The warranty under this section shall survive the expiration or earlier termination of this agreement. 8. Assignment. No assignment of this Agreement or of any right or interest contained in this Agreement by the Contractor is effective unless the City Manager first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 9. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on September 30th) is subject to appropriations and budget approval providing for such contract item as an expenditure in the budget. The City does not City of Corpus Christi Service Agreement dated 6.24.16 Page 2 of 6 represent that said budget item will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 10. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 11. Governing Law. This Agreement is subject to all federal, state and local laws, rules and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 12. Subcontractors. The Contractor may use subcontractors in connection with the Services to be performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless such subcontractors were named and included with the Contractor's response. In using subcontractors, the Contractor shall be responsible for ail their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the Services. 13. Amendments/Extensions. This Agreement may be amended only in writing and upon execution by authorized representatives of both parties. Such amendment will be in the form of a change order or amendment. Extensions to this Agreement will be at the sole discretion of the City and if offered to the Contractor will be mutually agreed to in the form of a bilateral change order. 14. Termination. a. The City Manager may terminate this Agreement for Contractor's failure to perform the Services specified in this Agreement. Failure to keep any required insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor 10 days 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 without cause upon 30 days written notice to the Contractor. However, the City may terminate this Agreement upon 24 hours written notice to the Contractor for Contractor's failure to pay or provide proof of payment of taxes, as set out in this Agreement. City of Corpus Christi Service Agreement dated 6.24.16 Page 3 of 6 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. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 16. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 17. Notice. Notice may be given by fax, email, hand delivery or certified mail, postage prepaid, and is received on the day faxed, emailed or hand - delivered and on the third day after postmarked by the U.S. mail if sent certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attention: John Hornsby, Forensic Services Supervisor 1201 Leopard St. Corpus Christi, Texas 78401 Fax: (361) 886-2642 Email: JohnH@cctexas.com IF TO CONTRACTOR: Haldeman Homme, inc. Attention: Drew Starr, Laboratory and Technical Facility Consultant 8120 Exchange Dr. Ste. 200 Fax: (612) 378-2236 Email: DStarr@HALDEMANHOMME.com 18. Severability. Each provision of this Agreement is considered to be severable and if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 19. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL City of Corpus Christi Service Agreement dated 6.24.16 Page 4 of 6 EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS° FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS CONTRACT OR THE PERFORMANCE OF THIS CONTRACT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 20.Order of Precedence. In the event of conflicts or inconsistencies between this Agreement and its exhibits or attachments, such conflicts or inconsistencies will be resolved by reference to the documents in the following order of priority: a. this Agreement and its Attachments, b. the RFB documents including Addenda, c. the bid response. 21.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. City of Corpus Christi Service Agreement dated 6.24.16 Page 5 of 6 CONTRACTOR Signature: Printed Name: Di* K. \ tJ ireNetLea. MVIAr'J A&6t Title: Date: CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: APPROVED AS TO LEGAL FORM: Buck Brice Assistant City Attorney For City Attorney (Date) Attached: Attachment A: Scope of Work Attachment B: Schedule of Pricing Attachment C: Insurance Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 84 Chemical Vent Hood Replacement Exhibit 2: Contractor's Bid Response City of Corpus Christi Service Agreement dated 6.24.16 Page 6 of 6 ATTACHMENT A - SCOPE OF WORK VENT HOOD SPECIFICATIONS & SCOPE OF WORK PART 1 — GENERAL 1.01 SUMMARY A. Section Includes: 1. Bench -top High -Performance Laboratory Fume Hoods. 2. Service fixtures (ie. water, gas, etc.) and electrical service fittings in fume hoods. 3. Piping and wiring within service fittings, light fixtures, switches, and other electrical devices. 4. Fume hood base support. 5. Work Surfaces within fume hoods. 6. Laboratory sinks and cup sinks in fume hoods. 7. Filler panels and ceiling enclosures for fume hoods. 1.02 SCOPE AND CLASSIFICATION A. This specification covers the requirements for the purchase of bench mounted laboratory fume hoods for use with remote exhaust blower systems. Work to include demo of existing fume hoods, exhaust system and fans. Installation to be turn key. B. Bench -mounted laboratory fume hoods in 4 and 8 -foot widths. Provide separate proposals for each size. C. This specification sets the intent for quality, performance and appearance. 1.03 REFERENCES A. The laboratory hoods must conform to the following regulations and standards. 1. SEFA 1-2010, Scientific Equipment and Furniture Association , Recommended Practices for Laboratory Fume Hoods 2. SEFA 8-2010, Recommended Practices for Laboratory Grade Metal Casework, 8.0 Cabinet Surface Finish Tests 3. NFPA 45-2011, National Fire Protection Association, Fire Protection for Laboratories Using Chemicals 4. ASTM E84 -09C, ANSI 2.5, NFPA 255, UL 723, UBC 8-1 (42-1), Standard Test method for Surface Burning Characteristics of Building Materials 5. ASHRAE 110-95, American Society of Heating, Refrigerating, and Air -Conditioning Engineers, Method of Testing Performance of Laboratory Fume Hoods LABORATORY FUME HOODS 6. ANSI/AIHA Z9.5-2011, American Industrial Hygiene Association, Laboratory Ventilation 7. OSHA, Federal Register 29 CFR Part 1910, Occupational Safety & Health Administration, U.S. Department of Labor, Occupational exposures to hazardous chemicals in laboratories. B. The laboratory fume hoods must carry the ETL listed mark for the following. 1. UL 61010-1 (formerly 3101-1), Underwriters Laboratories Inc., Electrical Equipment for Laboratory Use 2. CAN/CSA C22.2 No. 61010-1, Canadian Standards Association, Safety Requirements for Electrical Equipment for Measurement, Control and Laboratory Use 3. UL 1805, Underwriters Laboratories Inc., Standard for Laboratory Hoods and Cabinets C. 230 volt model fume hoods must carry the CE conformity marking as required by the Council of European Communities. 1.04 PERFORMANCE REQUIREMENTS A. General Design Requirements (See Part 2 for details) 1. Fume hoods shall function as ventilated, enclosed workspaces, designed to capture, contain and exhaust fumes, vapors and particulate matter produced or generated within the enclosure. 2. Fume hood shall be factory designed to function as a by-pass fume hood. 3. Structure and Materials of construction a. Hoods are of double-wall construction b. Powder -coated, cold rolled steel exterior c. Galvanized steel support members d. Sheet molded composite panel internal liner 4. Baffles a. Baffle slot pattern designed to optimize face velocity profile. b. Moving or adjustable baffles are not acceptable 5. Sash a. Maximum opening is 28". b. Unobstructed viewing height is 37.5". c. Hood incorporates a perforated sash handle to bleed air into the hood chamber directing fume concentrations away from the user's breathing zone. 6. Airfoil: a. Hoods are provided with an air foil across the bottom of the sash area to allow airflow into the hood regardless of user's position. 7. Besides the exhaust blower, no additional blowers are required for specified containment. 8. Access for maintenance is from both the front, interior, and exterior sides of the hood. 9. Services: a. Furnishing and delivering all service outlets, accessory fittings, electrical receptacles and switches, as listed in these specifications, equipment schedules or as shown on drawings. b. Plumbing fittings mounted on the fume hood superstructures shall be pre -plumbed per section 2.03. c. Final plumbing and electrical connections are the responsibility of the fume hood supplier and is included within the scope of work. LABORATORY FUME HOODS d. All electrical services are pre -wired to a single point internal junction box at the top right of the hood. B. Containment 1. The purpose of this section is to set a standard of performance for the bidder's laboratory fume hood before award of contract, and may not necessarily represent the operating conditions of the hoods after installation. Before or after award of contract, owners may require representative witness to said testing at their option, with failure to meet passing criteria as grounds for rejection of the bidder. Test data shall be provided at no cost to the owner. 2. Evaluation of manufacturer's standard product shall take place in manufacturer's test facility meeting the following criteria. a. Lab to be located at manufacturer's place of business for the testing of bench - mounted laboratory hoods in accordance with ASHRAE Standard 110. b. Room shall accommodate hoods up to 16' wide, while maintaining sufficient area so that a minimum of 15 feet of clear space is available in front of and 5' on both sides of hoods for viewing tests. c. The facility's ventilation system shall have adequate heating and air conditioning so that room air temperatures can be maintained within the desired ranges. d. One hundred percent non -recirculated air to be both carbon and HEPA filtered to ensure removal of contaminants that could interfere with containment testing before entering the lab. e. Make-up air to the test room shall be ceiling -supplied through any combination of multiple diffusers to either minimize adverse airflow, or increase it depending on test objectives. f. Exhaust volumes shall be computer controlled and measured via AMCA calibrated orifices and flow station at each exhaust trunk. g. Room pressurization must be digitally monitored, and variable depending on test obj ectives. h. All equipment must be properly calibrated. i. Qualified personnel familiar with the laboratory and its operation shall be available to perform the test. j. Include the following instrumentation and test equipment: 1) Properly calibrated hot wire thermal anemometer capable of measuring air velocities from 10 to 600 ft/minute; correlate with computer data acquisition format to provide simultaneous readings at all points. 2) Theatrical smoke generator or other source of high volume smoke. 3) Smoke tubes or other source of localized smoke. 4) Leakmeter with traceable calibration, calibrated just before test, to indicated concentration of sulfur hexafluoride. 5) Tracer gas: Sulfur hexafluoride supplied from a cylinder with two stage regulator. 6) Adjustable mannequin, 5' 0' to 5'8" in height, with reasonable human proportions, clothed in a smock 7) Inclined manometer with graduations no greater than 0.2 inch of water. 8) Ejector system: Tracer gas ejector built to specific ASHRAE-110 requirements. 9) Critical orifice: Sized to provide tracer gas at four or eight liters per minute at an upstream pressure sufficient to maintain release rate. LABORATORY FUME HOODS 10) Data acquisition software to include HoodProTM and LabMeasureProTM from Exposure Control Technologies, Inc. 3. Hood shall be tested to ASHRAE 110 modified test method as detailed below. 4. Some fume hoods may use face velocity controls, motorized baffles, integral auxiliary make up, or supply fans. Because all of these devices are subject to failure, containment testing shall show both operational containment and product containment with these systems off. 5. Fume hood sashes shall be placed in their full open position, at least 28" from the work surface, unless noted otherwise. 6. Ambient Temperature: 68 to 74 degrees F 7. Average Face Velocity: Face velocity average shall be 60 fpm, as noted below in subsection 8.d, parts 1 and 2, plus or minus 5%. a. An imaginary grid is formed comprised of equal 12" by 12" squares, or smaller, across the face opening of the laboratory hood. Airflow velocity readings are taken at the intersections of these grids with calibrated hot wire anemometer over a twenty second period of time. Probes shall communicate readings to a computer data acquisition package, which will provide an average of each reading over the one -minute period and also an overall average upon completion of data acquisition. Face velocity shall be determined by averaging readings at the hood face. b. Average face velocity must be achieved without exceeding the CFM noted in part C. 8. Tracer Gas Detection: Hood shall achieve a rating of 4.0AM0.00 maximum average and 4.0AM0.01 maximum spike (unless specifically otherwise noted), wherein: a. 4.0 = tracer gas release in liters/minute, AM = as manufactured, 0.01 = tracer gas in parts per million (PPM) b. With the ejector body 6" from the rear of the sash plane, the test shall be conducted for each ejector position noted. 1) Left position with ejector 12" from the left interior wall. 2) Center position with ejector equidistant from the sidewalls. 3) Right position with ejector 12" from the right interior wall. c. Install mannequin positioned in front of the hood, centered on the ejector. d. Detector probes shall be placed 3" in front of the sash plane. The test shall be conducted for each detector probe position and corresponding face velocity. 1) Detector probe in the region of the nose and mouth of the mannequin. Test with average face velocity of 60 fpm. 2) With the mannequin height reduced 4", place detector probe in the chest of the mannequin, and even with the height of the ejector. Test with average face velocity of 60 fpm. e. Open tracer gas valve, and collect readings with a computer data acquisition package, which is capable of monitoring and visually recording a minimum of one reading per second for a minimal five minute time period for each position. f. The single control rating of the fume hood shall be the results of the test position yielding the highest average levels of tracer gas in any of the six mannequin/ejector configurations. g. With the ejector and mannequin in the center position, detector probe in the region of the nose and mouth of the mannequin, average face velocity of 60 fpm, tracer gas released, and concentration recorded, open and close the sash in a smooth motion. Test to be repeated three times, with peak values of 0.01 PPM or less. h. With the mannequin removed, the periphery of the hood is traversed by the probe at 1" in front of the hood opening at a rate of 3 inches per second. The hood shall have a maximum perimeter reading of 0.03 PPM or less. LABORATORY FUME HOODS 9. Flow Visualization: a. Test the operation of the lower air bypass airflow opening and hood periphery by introducing light smoke under the air foil, and around the perimeter of the sash opening. If any smoke that enters the hood reverses directions and escapes from any of these locations, the hood fails this portion of the test and receives no rating. b. Introduce smoke along both walls and the hood floor in a line parallel to the hood face and 6 inches (152 mm) back into the hood. Define air movement toward the face of the hood as reverse airflow and define lack of movement as dead air space. All smoke should be carried to the back of the hood and out. c. Introduce a large volume of smoke at the work surface in the center of the hood, and 6" inside the plane of the sash. Define air movement toward the face of the hood as reverse airflow and define lack of movement as dead air space. All smoke should be carried to the back of the hood and out. d. All data on the above, including instrumentation and equipment, and test conditions shall be provided on a report, including the average face velocities, and a separate graph -type performance curve on all tracer gas tests for all required fume hood widths. Performance test data for a 6' representative hood shall be conducted by an independent testing agency and by a specific individual certified to perform such tests by the National Environmental Balancing Bureau (NEBB). C. Efficiencies 1. The fume hood shall maintain constant volumetric rate (+1- 5 CFM) and static pressure losses (+1- 0.01" H2O) across all sash positions, unless the hood has a restricted by-pass for use with a variable air volume (VAV) system. 2. The fume hood shall demonstrate a minimization of the volumetric rate of air (CFM) requirement at any given face velocity. Required CFM to achieve desired face velocity shall not exceed that which is noted in the chart below. 3. The fume hood shall demonstrate a minimization of static pressure loss (inches of H2O) at any given CFM. Static pressure loss at desired face velocity, and corresponding CFM, shall not exceed that which is noted in the chart below. Face Velocity (fpm) Sash at 28" Open Airflow, Volumettric Rate (CFM) © Static Pressure (inches of H2O) 3' Hood 4' Hood 5' Hood 6' Hood 7' Hood 8' Hood 100 495, 0.13" 725, 0.27" 955, 0.34" 1180, 0.46" 1410, 0.23" 1640, 0.31" 80 395, 0.08" 580, 0.17" 765, 0.22" 945, 0.29" 1125, 0.15" 1310, 0.20" 60 295, 0.05" 435, 0.10" 575, 0.12" 710, 0.17" 845, 0.08" 985, 0.11" 50* 250, 0.03" 365, 0.07" 480, 0.09" 590, 0.11" 705, 0.06" 820, 0.08" Face Velocity (fpm) Sash at 18" Open Airflow, Volumettric Rate (CFM) © Static Pressure (inches of H2O) 3' Hood 4' Hood 5' Hood 6' Hood 7' Hood 8' Hood 100 310, 0.05" 450, 0.11" 595, 0.13" 735, 0.18" 880, 0.09" 1025, 0.12" 80 250, 0.03" 365, 0.07" 480, 0.09" 590, 0.11" 705, 0.06" 820, 0.08" 60 185, 0.02" 270, 0.04" 360, 0.05" 440, 0.07" 525, 0.03" 615, 0.04" LABORATORY FUME HOODS *There is not a written standard that would suggest a design face velocity below 60 fpm. This data is for informational purposes only. D. Noise Criterion: The hood shall have a Noise Criterion (NC) rating of less than 50; measured 36" in front of the hood with full open sash, at 100 fpm face velocity. NC is a factor of sound pressure level (dB) and frequency. E. Illumination: Shall be a minimum average of 80 foot-candles inside the work area. Work area is defined as the area inside the lined portion of the fume hood, from the face of baffle to sash plane, from interior left to interior right, and from the work surface to a height of 28 inches. F. Materials of Construction: Interior and Exterior materials of construction and finishes shall meet the requirements in Part 2 of this specification. 1.05 QUALITY ASSURANCE A. Fume hoods shall be designed, including comprehensive engineering analysis, by a qualified, licensed Professional Engineer. B. Manufacturer's Qualifications 1. ISO 9001 Certified manufacturing plant and processes. 2. Ten installations of equal or larger size and requirements. Provide contact at each. 3. Only hood manufacturers who have had fume hoods as a principal product for 50 years are considered. C. Fume hoods shall be Made in America 1. 95% or more of raw material and component suppliers shall be United States based. 2. Stainless and cold rolled steel used in manufacturing shall be sourced from United States steel mills. 3. Final product must be fabricated and assembled within the United States of America. 4. Owner reserves the right to evaluate Made in America claims for compliance with the Bureau of Consumer Protection. D. Supply all equipment in accordance with this specification. Offering a product differing in materials, construction, or performance from this specification requires written approval obtained seven days or more before the proposal deadline. E. The owner/architect reserves the right to reject qualified or alternate proposals and to award based on product value where such action assures the owner greater integrity of product. F. Manufacturer's warranty against defects in material or workmanship on its fume hoods will be for 1 year from date of installation or 2 years from date of purchase, whichever is sooner, and includes replacement of parts (except lamps) and labor. 1.06 SUBMITTALS A. Action Submittals 1. Laboratory hood specification sheets and product manuals shall be submitted by the hood manufacturer upon request, and include safe and proper operation and maintenance information. 2. Shop Drawings: Include plans, elevations, sections, and details. LABORATORY FUME HOODS a. Indicate details for anchoring fume hoods to permanent building construction including locations of blocking and other supports. b. Indicate locations and types of service fittings together with associated service supply connection required. c. Indicate duct connections, electrical connections, and locations of access panels. d. Include roughing -in information for mechanical, plumbing, and electrical connections. e. Provide face opening, volumetric rates, and static pressure drop data. 3. Submit a document detailing the information supplied on the Hood Safety Practices Label to verify compliance to specifications. B. Informational Submittals 1. Product Test Reports: Showing compliance with specified performance requirements, including NEBB representative test report as defined previously. 2. Independent validation: a. Written verification that the laboratory fume hoods carry the ETL listed mark for the following. 1) UL 61010-1 (formerly 3101-1), Underwriters Laboratories Inc., Electrical Equipment for Laboratory Use 2) CAN/CSA C22.2 No. 61010-1, Canadian Standards Association, Safety Requirements for Electrical Equipment for Measurement, Control and Laboratory Use 3) UL 1805, Underwriters Laboratories Inc., Standard for Laboratory Hoods and Cabinets b. Written verification that 230 volt model fume hoods carry the CE conformity marking as required by the Council of European Communities. c. Written verification from an outside testing agency confirming coating compliance to SEFA 8-2010, Recommended Practices for Laboratory Grade Metal Casework, 8.0 Cabinet Surface Finish Tests 3. Documentation of ISO 9001 Certified manufacturing plant and processes. 4. List of five installations (of equal or larger size and requirements) is available upon request. Provide contact at each. 5. Declaration of Made in America. Owner reserves the right to evaluate Made in America claims for compliance with the Bureau of Consumer Protection. C. Material Submittals 1. Samples for Verification: of the hood exterior wall material, interior liner and baffle material, epoxy work surface material, and color selection chips are available from the hood manufacturer upon request. LABORATORY FUME HOODS 1.07 DELIVERY, STORAGE, AND HANDLING A. Protect finished surfaces during handling and installation with protective covering of polyethylene film or another suitable material. B. Schedule delivery of equipment so that spaces are sufficiently complete that equipment can be installed immediately following delivery. 1.08 PROJECT CONDITIONS A. Environmental Limitations: Do not deliver or install fume hoods until building is enclosed, wet work and utility roughing -in are complete, and HVAC system is operating and maintaining temperature and relative humidity at occupancy levels during the remainder of the construction period. PART 2- PRODUCTS 2.01 MANUFACTURERS A. Acceptable Manufacturer: Labconco Corporation, 8811 Prospect Avenue, Kansas City, Missouri 64132 B. Basis -of -Design Product: Labconco Protector XL 2.02 MATERIALS A. Hood Interior Liner and Baffle 1. Liner material must comply with UL 1805, and be listed within NRTL test report as proof of compliance. 2. General Material Properties a. Nonflammable, corrosion and chemical -resistant b. Sheet molded homogenous polyester panels c. Minimum thickness is 3/16" d. Smooth, white finish 3. Mechanical Properties a. Tensile Strength: 7,500 PSI (51.7 Mpa) b. Tensile Modulus: 1.7 x 101\6 PSI (11,700 Mpa) c. Flexural Strength: 21,000 PSI (145 Mpa) d. Flexural Strength at 130 degrees C: 12,900 PSI (89 Mpa) e. Compressive Strength: 32,500 PSI (224 Mpa) f. IZOD Impact Strength (Notched): 8.4 Ft Lb/in (4.5 J/cm) 4. Flame and Smoke Characteristics a. Flame retardant, self -extinguishing, with a flame spread rating of 25 or less in accordance with ASTM -E84 b. Oxygen Index: 35% c. Smoke Density: 115 5. Physical Properties a. Water Absorption: 0.4% b. Specific Gravity: 4.81 LABORATORY FUME HOODS c. Coefficient of Thermal Expansion: 2 In/in/ degree C x 10^-5 d. Thermal Conductivity: 1.9 BTU/Hr/Ft^2/In/degree F 6. Chemical Resistance a. Splash and Spill Resistance: 1) Suspend sample panel in a vertical plane 2) Apply five drops of each reagent listed with an eyedropper 3) Apply liquid reagents at top of panel and allow to flow down full panel height b. Fume Resistance: 1) Place 25 milliliters of reagent into 100 milliliters beakers and position panel over beaker tops in the proper sequence. Ensure beaker pouring lip permits air to enter the interior atmosphere. 2) After 24 hours remove panel, flush with water, clean with detergent, rinse, wipe dry and evaluate c. Evaluation ratings: Change in surface finish and function shall be described by the following numerical ratings 1) No Effect: No change in color or gloss 2) Excellent: Slight detectable change in color or gloss, but no change to the function or life of the work surface material 3) Good: Clearly discernible change in color or gloss, but no significant impairment of function or life 4) Fair: Objectionable change in appearance due to surface discoloration or etch, possibly resulting in deterioration of function over an extended period 5) Failure: Pitting, cratering or erosion of work surface material; obvious and significant deterioration d. Required minimum results for each reagent (Reagent: Fume Resistance Rating, Splash and Spill Resistance Rating) 1) Hydrochloric Acid (37%): 2,1 2) Sulfuric Acid (33%): 2,1 3) Sulfuric Acid (77%): 1,1 4) Sulfuric Acid (96%): 1,2 5) Formic Acid (90%): 2,1 6) Nitric Acid (20%): 2,2 7) Nitric Acid (30%): 1,2 8) Nitric Acid (70%): 3,2 9) Hydrofluoric Acid (48%): 2,2 10) Phosphoric Acid (85%): 1,1 11) Chromic Acid (60%): 1,4 12) Acetic Acid (98%): 1,1 13) Ammonium Hydroxide (20%): 1,1 14) Sodium Hydroxide (10%): 1,1 15) Sodium Hydroxide (20%): 1,3 16) Sodium Hydroxide (40%): 1,3 17) Sodium Hydroxide Flake: 1,- 18) Sodium Sulfide: 1,1 19) Zinc Chloride: 2,1 20) Tincture of Iodine: 3,3 21) Silver Nitrate: 2,1 22) Methyl Alcohol: 1,1 23) Ethyl Alcohol: 1,1 24) Butyl Alcohol: 1,1 LABORATORY FUME HOODS 25) Benzene: 1,1 26) Xylene: 1,1 27) Toluene: 1,1 28) Gasoline: 1,1 29) Dichloro Acetic Acid: 2,2 30) Dimethyl Formanide: 2,2 31) Ethyl Acetate: 1,1 32) Amyl Acetate: 1,1 33) Acetone: 1,1 34) Chloroform: 1,1 35) Carbon Tetrachloride: 1,1 36) Phenol: 2,2 37) Cresol: 1,1 38) Formaldehyde: 1,1 39) Trichloroethylene: 1,1 40) Ethyl Ether: 1,1 41) Furfural: 1,3 42) Methylene Chloride: 1,1 43) Mono Chloro Benzene: 1,1 44) Dioxane: 1,1 45) Methyl Ethyl Ketone: 1,1 46) Acid Dichromate: 1,2 47) Hydrogen Peroxide: 1,1 48) Napthalene: 1,1 B. Sheet Steel 1. Side panels and access panels 20 -gauge (or heavier) sheet steel. 2. Hood corner posts are 16 -gauge sheet steel. 3. Ceiling enclosure panels are 18 gauge sheet steel. 4. Cold -rolled, commercial steel (CS) sheet, complying with ASTM A 1008/A 1008M. C. Chemical Resistant Finish 1. General: Prepare, treat, and finish welded assemblies after welding. Prepare, treat, and finish components that are to be assembled with mechanical fasteners before assembling. 2. Chemical and Physical Resistance of Finish System: Finish complies with acceptance levels of cabinet surface finish tests in SEFA 8. Third party validation required. 3. Powder -coat process required. Paint processes that release Volatile Organic Compounds (VOC) are not acceptable 4. Color for Fume Hood Finish: As selected by architect from Manufacturer's full range D. Safety Glass 1. Tempered a. Clarity and temper test to be as specified in latest edition of Glass Tempering Association, Engineering Standards Manual, Section 8.1. b. Surface and interior visible quality to be as specified per ASTM C 1036, Standard Specification for Flat Glass, Table 4, Quality level Q3. LABORATORY FUME HOODS 2.03 CONSTRUCTION A. Superstructure: 1. Self-supporting, rigid structural assembly, to support inner wall consisting of fume hood liner and outer wall of sheet metal exterior. 2. Fabricated from galvanized steel. 3. Space shall accommodate fume hood wiring and plumbing components for service fixtures. 4. Access to fixture valves concealed in wall provided by exterior removable access panels, gasket access panels on the inside liner walls, or through removable access panels on the front posts. B. Exterior 1. Fabricate from steel sheet with component parts screwed together. 2. Apply chemical -resistant finish to interior and exterior surfaces of component parts before assembly. 3. Interchangeable side panels shall lift off without the use of tools to allow access to plumbing lines, service fittings, electrical wiring, counterbalance sash weights, and light fixtures. Exposed fasteners or hardware, and Velcro type fasteners, are not acceptable. 4. Corner posts a. Pre -punched and plugged to accommodate up to 4 service fixtures per side b. All services are accessible from the front of the hood. c. Aerodynamic shape d. Accommodate two electrical duplexes per side. e. Right hand corner post includes electrical switches and pre-cut for Airflow monitor installation. f. Un -used penetrations shall be plugged. 5. Top and sides of face opening to provide an aerodynamic shape to ensure smooth, even flow of air into fume hood. 6. Panel above header shall be removable without the use of tools to allow access to mechanical connection, electrical wiring, counterbalance sash weights, and light fixtures. Exposed fasteners or hardware, and Velcro type fasteners, are not acceptable. C. Dimensions 1. Overall exterior dimensions are as follows: a. 4 foot nominal width: 48" w x 59" h x 31.7" b. 8 foot nominal width: 96" w x 59" h x 31.7" 2. Overall interior dimensions are as follows: a. 4 foot nominal width: 38.1" w x 48" h x 23.6" b. 8 foot nominal width: 86.1" w x 48" h x 23.6" D. Hood Liner 1. Adhere interior liner components to superstructure. 2. Stainless steel fasteners shall be used on the interior ceiling for structural integrity. 3. Fasteners exposed to chemical environment are not acceptable. 4. Punch fume hood lining side panels to receive four service fittings, for use with remote controls, per side. Provide removable plug buttons for holes not used for indicated fittings. LABORATORY FUME HOODS 5. Each side wall shall include an oval interior access panel to provide access to the side wall of the fume hood for plumbing service access. Access panel material shall be that of the liner, and gasketed to form a vapor proof seal. E. Hood Baffle 1. Baffle system shall be designed to optimize the face velocity profile, and to capture a wide range of gaseous densities without adjustment or moving components. 2. Shall provide a continuous horizontal slot at the work surface. Baffle panels shall have multiple horizontal slots, with a chamfered entry. Slot pattern shall be proven to optimize face velocity profile. 3. The baffle system shall be constructed with the same material as the fume hood liner. 4. The baffles shall be removable for cleaning. The primary baffles shall be three pieces to allow removal without the use of tools. 5. Exposed components to be non-metallic. Metal components exposed to chemical environment are not acceptable. 6. Moving parts or adjustment of any kind is not acceptable. F. Exhaust Connection 1 316 stainless steel with Chemical -Resistant Finish 2. 12.81" ID to accommodate any 12" nominal duct without the need for a transition adapter. 3, 4, 5, and 6 -foot hoods have one exhaust connection, 7 and 8 -foot hoods have two exhaust connections. Additional components required to accommodate 12" nominal mechanical system are not acceptable. 3. Ducting shall go inside the duct collar to ensure condensate travels into the hood and evaporates. Duct collars that allow duct connection over the collar are not acceptable. G. Airfoil 1. Cold Rolled Steel with Chemical -Resistant Finish. 2. Airfoil shall have an aerodynamic radius to sweep the air into the hood with minimal turbulence. Airfoil directs airflow across work top to remove heavier-than-air gases. 3. Must have 5 rows of perforations to allow the air to bypass underneath and through the foil and sweep across the work surface to prevent any back flow of fumes escaping from the front of the hood opening. This airflow continues even if blocked by the presence of the operator. 4. Foil must extend back under the sash to prevent closure of the lower by-pass opening when the sash is in the fully closed position, directly on top of the airfoil. H. Sash Assembly 1. Glass: Fully tempered safety glass with unobstructed, side-to-side view of fume hood interior and service fixture connections. 2. Dimensions: The full sash opening height is 28", the total unobstructed viewing height is 37.5" measured from the work surface. 3. Sash Tracks: Steel with Chemical Resistant Finish. Shall include bump stops for opening and closing. 4. Sash Handle: extruded aluminum with Chemcial Resistant Finish. Sash handle includes a perforated air passage directly atop the handle to bleed air into the hood chamber and direct chemical fumes away from the user's breathing zone. The handle is ergonomic in design and is easy to grasp when operating 5. Sash guides: Corrosion resistant extruded poly -vinyl chloride. 6. Sash System a. Vertical Sash (Chain and Sprocket) LABORATORY FUME HOODS 1) Hoods have a single vertical sash counterbalanced by a single weight. 2) Sash and weight to be connected via #35 chains. 3) Rear sprockets shall be connected via timing shaft to prevent sash tilting and permit one finger operation at any point along full width sash handle. Maximum 7 pounds pull required to raise or lower sash throughout its full length of travel. 4) Design system to hold sash at any position without creep and to prevent sash drop in the event of chain failure. 5) Include a defeatable, and automatically resetting sash stop positioned for an 18" sash height. Electrical Components 1. Lighting a. Provide UL Listed, high -efficiency, quick -start, T8 fluorescent lighting systems, including bulbs. 1) 4 Foot Hoods - 2 each, 3 -foot 25 -watt fluorescent lamps 2) 5 Foot Hoods - 2 each, 4 -foot 32 -watt fluorescent lamps 3) 6 Foot Hoods - 2 each, 4 -foot 32 -watt fluorescent lamps 4) 8 Foot Hoods - 4 each, 3 -foot 25 -watt fluorescent lamps b. Vapor -Proof: all electrical components shall be outside of the contaminated air space. Lighting shall be located behind a laminated safety glass shield, sealed to the top of the hood liner. c. The fluorescent light assemblies shall be serviceable from outside the fume hood cavity, without the use of tools. d. Light switch to be included on the lower right corner post, at heights compliant with the Americans with Disabilities Act (ADA). 2. Blower Switch a. Hoods shall be provided with blower switch, on the lower right corner post, at heights compliant with the Americans with Disabilities Act (ADA). 3. Electrical Receptacles a. The hoods shall accommodate up to four (two per corner post) electrical receptacles as indicted in schedule or drawings. Options to include: 1) 115 volt, 60 Hz, three -wire polarized and grounded electrical duplex 2) 115 volt, 60 Hz, three -wire polarized and grounded electrical duplex, with Ground Fault Circuit Interruption (GFCI) 3) 230volt, 60 Hz, three -wire polarized and grounded electrical duplex b. Receptacles shall be individually wired to field wiring box, and each rated at 20 Amperes. c. Cover plates shall be acid resistant thermoplastic. 4. Wiring a. Every electrical component shall be individually wired to a single point internal field wiring box (including individual duplexes/receptacles). b. Field wiring box to be 7" x 4" x 2.5", grounded, and have (12) 7/8" diameter knock out penetrations. c. Final wiring and circuit dedication is to be by others. d. Each receptacle circuit shall accommodate being wired to a dedicated building circuit rated at 20A, or the receptacles ganged together on a building circuit with the total load not exceeding 20 Amperes. 5. Fume hood to have third party validation of compliance to UL 1805 and UL 61010-1 by a Nationally Recognized Testing Laboratory (NRTL) LABORATORY FUME HOODS J. By -Pass Opening 1. The size of the by-pass opening is controlled by sash position for use with a constant volume mechanical system. The hood shall not have a change in static pressure or exhaust volume across all sash positions. K. Hood Safety Practices Label: Corrosion resistant plate attached to the left corner post of the fume hood with the following Hood Safety Practices: 1. For use with substances that produce hazardous levels of airborne chemicals: gas, fumes, vapors, dust 2. Do not put your head in the hood. 3. Minimize drafts and sudden movements in front of the hood. 4. Work a minimum of six inches inside the hood. 5. Elevate equipment above the work surface. 6. Keep sill and baffle unobstructed. 7. Do not use the hood for storage. 8. Adjust the sash to smallest opening possible when in use. 9. Close sash when unattended. 10. Do not remove any of the hood components. 11. Do not place flammable solvents near heat, flame or sparks. 12. Do not evaporate large amounts of flammable liquids. 13. Wipe up spills immediately. 14. Routinely validate airflow. 15. If the ventilation system malfunctions, or airflow alarm indicates unsafe condition, close sash and discontinue hood operation immediately -call for help. 16. Do not use with Biohazards and Perchloric Acid L. Fume Hood Accessories 1. Service Fixtures: Color -coded hose nozzle outlets and valves mounted inside the fume hood and controlled from the exterior with color -coded index handles a. The hoods are equipped without service fixtures. 2. Face Velocity Monitor/Alarm a. Shall not be included on EP rated hoods b. Digital Airflow Monitor 1) Provide audible and visual alarm in the event of an unsafe face velocity. 2) Alarm must sit flush with the fume hood corner post. 3) Based on a thermally compensated thermistor in the alarm module, and air passing through a separate airstream into the hood interior. 4) Velocity shall be displayed digitally on the user facing LCD in fpm or m/s. 5) LED lights display red for alarm, yellow for caution, and green for normal operation. 6) Must include external alarm and night setback functions. 7) Alarm mute shall be accessible from the front of the monitor; visual alarm must remain activated until alarm condition is corrected. 8) UL Listed electrical components 9) Calibration shall be through a menu driven step by step procedure. 10) Calibration is the responsibility of the owner, following a complete balancing of the mechanical system, and concurrently with As -Installed testing. 11) Must include external alarm and night setback functions. 12) Alarm mute shall be accessible from the front of the monitor; visual alarm must remain activated until alarm condition is corrected. LABORATORY FUME HOODS M. Work Surface 1. 1.25" thick, molded from solid modified epoxy resin, with smooth, non -specular, black finish. 2. One inch radius front edge for optimal fume hood performance. 3. 3/8" dished area to match the fume hood interior work space and form a water tight pan for spill containment. 4. Include a 2.5" diameter hole on each side for service pass-through and piping. Hole to be covered by hood superstructure upon installation. 5. Include two 1.5" diameter penetrations to accommodate base cabinet venting. Holes to be located outside of dished area and under the fume hood baffles. Include plugs. 6. Physical Properties: a. Flexural Strength: Not less than 10,000 psi (70 MPa). b. Modulus of Elasticity: Not less than 2,000,000 psi (1400 MPa). c. Hardness (Rockwell M): Not less than 100. d. Water Absorption (24 Hours): Not more than 0.02 percent. e. Heat Distortion Point: Not less than 260 deg F (127 deg C). f. Flame -Spread Index: 25 or less per ASTM E 84. N. Supporting Base Cabinets 1. Base cabinets shall be in depths of 22", widths, quantities, and types called out in the equipment schedule and meet the requirements of this specification. 2. Construction requirements for all cabinets a. Exterior construction is 18 gauge (or heavier) cold rolled sheet steel with Chemical Resistant Finish. b. Hinges are 10 gauge (or heavier) plate with self -clinching pilot pin. Knuckle, bullet, or piano type hinges are not accepted. c. The rear panel will feature a 12" x 8" removable plumbing access panel. d. Units 24" wide or less have only one door. e. Each cabinet includes four leveling feet. f. Capable of supporting up to 800 pounds. g. A 14" filler panel is required to increases the cabinet depth to 36". 3. Standard Storage a. Overall exterior dimensions: 1) 48" 48" w x 22" d x 35.5"-36.75" 2) 36" 36" w x 22" d x 35.5"-36.75" 3) 30" 30" w x 22" d x 35.5"-36.75" 4) 24" 24" w x 22" d x 35.5"-36.75" h or 31.5"-32.75" for ADA cabinet 5) 18" 18" w x 22" d x 35.5"-36.75" h or 31.5"-32.75" for ADA cabinet 6) 12" 12" w x 22" d x 35.5"-36.75" h or 31.5"-32.75" for ADA cabinet b. Flush pull handles are ABS, low gloss black. 4. Acid Storage a. Overall exterior dimensions: 1) 48" 48" w x 22" d x 35.5"-36.75" 2) 36" 36" w x 22" d x 35.5"-36.75" 3) 30" 30" w x 22" d x 35.5"-36.75" 4) 24" 24" w x 22" d x 35.5"-36.75" h or 31.5"-32.75" for ADA cabinet 5) 18" 18" w x 22" d x 35.5"-36.75" h or 31.5"-32.75" for ADA cabinet b. Completely lined with a polyethylene corrosion resistant liner. The liner is 3/16" thick, with a vacuum formed PVC liner pan at the bottom to contain spills. Each door has a 3/16" sheet polyethylene liner. c. The cabinet is labeled: "ACID". LABORATORY FUME HOODS d. Flush pull handles are ABS, low gloss black. e. Each cabinet is vented into the fume hood with a 1-1/2" vent pipe. It should provide a positive airflow directly into the fume hood exhaust system. f. Supply an epoxy coated steel shelf with PVC liner pan if indicated in the schedule. g. Acid cabinets with louvers are not acceptable 5. Solvent Storage a. Overall exterior dimensions: 1) 48" 48" w x 22" d x 35.5"-36.75" 2) 36" 36" w x 22" d x 35.5"-36.75" 3) 30" 30" w x 22" d x 35.5"-36.75" 4) 24" 24" w x 22" d x 35.5"-36.75" h or 31.5"-32.75" for ADA cabinet b. Solvent storage cabinets are specifically designed for the storage of flammable and combustible liquids. c. Solvent Storage Cabinet must be compliant with NFPA 30 "Flammability and Combustible Liquids Code." d. Cabinets 30" wide and greater shall be tested and approved by Factory Mutual to meet Factory Mutual Approval Standard 6050. e. The bottoms, top, sides, and doors are fabricated of 18 gauge steel and are all double panel construction with a 1-1/2" air space between panels. f. All joints are welded or screwed to provide a rigid enclosure. A 2" deep liquid tight pan that covers the entire bottom of the cabinet is furnished to contain liquid leaks and spills. g. A full -depth, 18 gauge steel, adjustable shelf is also provided. Shelves are sealed leak tight. h. Two diametrically opposed flame arrestor vents with spark screens are provided in the back of the cabinet, as well as a grounding screw. i. The cabinet has an interior finish same as the exterior. j. The cabinet is labeled: "FLAMMABLE - KEEP FIRE AWAY". k. The right hand door shall have a three point latching device. 1. Door handles include a key lock. Solvent storage handles are locking lever handles with bright chrome fmish. m. If noted on the schedule, self-closing/self-latching models shall be provided with a fusible -link feature to ensure the doors will close if the temperature outside the cabinet exceeds 165 degrees Fahrenheit. The doors are synchronized so that both doors will fully close. PART 3 - EXECUTION 3.01 EXAMINATION A. Examine areas, with installer present, for compliance with requirements for installation tolerances and other conditions affecting performance of fume hoods. B. Coordinate with other trades for the proper and correct installation of plumbing and electrical rough -in and for rough opening dimensions required for the installation of the hood. C. Proceed with installation only after unsatisfactory conditions have been corrected. LABORATORY FUME HOODS 3.02 INSTALLATION A. General: Install fume hoods according to shop drawings and manufacturer's written instructions. B. Install level, plumb, and true; shim as required, using concealed shims, and securely anchor to building and adjacent laboratory casework. C. Securely attach access panels, but provide for easy removal and secure reattachment. Where fume hoods abut other finished work, apply filler strips and scribe for accurate fit, with fasteners concealed where practical. D. Neighboring splash blocks shall not be attached directly to the hood. E. Install according to standards required by authority having jurisdiction. F. Sequence installations to ensure utility connections are achieved in an orderly and expeditious manner. G. Touch up minor damaged surfaces caused by installation. Replace damaged components as directed by Architect. H. Furnish and install epoxy coated exhaust fans with zero -pressure stacks. I. Furnish and install epoxy coated spiral ductwork with blast gates. J. Start up system, test, balance and certify laboratory hoods and exhaust systems. K. Provide written report of systems performance. L. Demo existing hood, ductwork and exhaust fans. 3.03 FIELD QUALITY CONTROL A. NFPA 45 requires that fume hoods be field tested when installed. B. Field test installed fume hoods according to ASHRAE 110 to verify compliance with performance requirements. 1. Adjust fume hoods, hood exhaust fans, building's HVAC system, and make other corrections until tested hoods perform as specified in fume hood schedule. 2. After making corrections, retest fume hoods that failed to perform as specified. 3.04 ADJUSTING AND CLEANING A. Adjust moving parts for smooth, near silent, accurate sash operation with one hand. Adjust sashes for uniform contact of rubber bumpers. Verify that counterbalances operate without interference. B. Clean finished surfaces, including both sides of glass; touch up as required; and remove or refinish damaged or soiled areas to match original factory finish, as approved by Architect. C. Clean adjacent construction and surfaces that may have been soiled in the course of installation of work in this section. D. Provide all necessary protective measures to prevent exposure of equipment and surfaces from exposure to other construction activity. E. Advise contractor of procedures and precautions for protection of material and installed equipment and casework from damage by work of other trades. LABORATORY FUME HOODS ATTACHMENT B - SCHEDULE OF PRICING HALDEMAN HOMME, INC. 15344 Vantage Pkwy E Ste. 150, Houston, TX 77032 Tel: 832-626-1060 Fax: 612-378-2236 "Exceeding Customer Expectations Since 1924" SERVICES • Construction • Consulting Training • Service & Maintenance • Layout & Design • Project Management PRODUCTS • Athletic & Wood Flooring • Athletic Equipment • Auditorium Seating • Bleachers • Casework • Clean Rooms • Divider Walls • Iaboratory Equipment laboratory Furniture library & File Systems • Lockers • School Equipment • Storage Systems • Tracks • Turf Fields The Haldeman Homme Family of Companies; • Academic Specialties • Academic Specialties TX • Anderson Ladd • IDEA i:ESOP F vr Employee Owned SERVING EDUCATION, HEALTH CARE, AND INDUSTRY SINCE 1924 CORPUS CHRISTI EVENT 84 BID To: Jeannette Palacios Tijerina, City of Corpus Christi Purchasing, 361-826-3163 Project: Corpus Christi Event 84 Bid Haldeman Homme. Date: 5.25.16 Regarding Haldeman Homme proposal 45621.2 City of Corpus Christi Event 84 bid project, Haldman Homme has agreed to keep the pricing valid until July 30th 2016. If you have any questions please respond to Drew Starr, Haldeman -Homme Laboratory/Technical Facility Consultant on any questions you may have. Regards, Drew Starr Laboratory/Technical Facility Consultant 832-626-2518 (Office) 832-622-1387(Cell) DSTARR@HHB ESTLAB .COM 2)R61ri.S°cIIRR www.haldemanhomme.com www.hhbestlab.com Arkansas — ColorG . — Illinois — Indiana — Iowa — Kansas — Michigan — Minnesota — Montana — Nebraska — Nevada — New Mexico — North Dakota — Oklahoma — South Dakota — Texas — Utah — Wisconsin — Wyoming HALDEMAN HOMME, INC. 8120 Exchange Drive Suite 200, Austin, TX 78754 Tel: 512-808-4770 Fax: 612-378-2236 "Exceeding Customer Expectations Since 1924" ,SERVICES • Construction • Consulting / Training • Service & Maintenance • Layout & Design • Project Management PRODI CTS • Athletic & Wood Flooring • Athletic Equipment • Auditorium Seating • Bleachers • Casework • Clean Rooms • Divider Walls • laboratory Equipment • laboratory Furniture • Library & File Systems • Lockers • School Equipment • Storage Systems • Tracks • Turf Fields The Haldeman Homme Family oi( Companies: • Academic Specialties • Academic Specialties TX • Anderson ladd • IDEA Y1 iyL! Employee Owned SERVING EDUCATION, HEALTH CARE, AND INDUSTRY SINCE 1924 PROPOSAL HH45621.2 To: Mr. Diego Rivera Date: Corpus Christi Police Dept Project: Location: 1.20.2016 CC Crime Lab Corpus Christi, TX We propose to furnish the following using standard design, materials, construction sizes and colors as specified in solicitation for Event #84. Material, freight and installation $47,889.00 Pricing Includes: 96" Airfoil Style Hood Assembly 1. 96" Dished Epoxy Top 2. 1 Light Switch 120v Black 3. 1 Blower Switch / Red 4. GFI 1 Ground Fault Receptacle 5. ALARM 1000 ALARM OPTION 6. PRE -WIRE OPTION(ea. Fixture) 7. 2 Flammable Storage - 35"h x 36"w x 22"D 8. Demo existing duct work, exhaust fans and Lab hood as needed. 9. Install (1) new laboratory hood. 10. Make final services tie-ins as necessary. 11. Furnish and install (1) new rooftop laboratory exhaust fans with zero -pressure stacks. 12. Furnish and install new epoxy coated spiral duct work with blast -gates; run new duct from new hood through existing roof penetrations to new exhaust fans. 13. Start-up, test, balance and certify new laboratory hood and exhaust systems. 14. Provide written report of system's performance based upon ASHRAE 110 Test Material, freight and installation $40,326.00 Pricing Includes: 48" Airfoil Style Hood Assembly 15. 48" Dished Epoxy Top 16. 1 Light Switch 120v Black 17. 1 Blower Switch / Red 18. GFI 1 Ground Fault Receptacle 19. ALARM 1000 ALARM OPTION 20. PRE -WIRE OPTION(ea. Fixture) 21. 1 Acid Storage Cabinet 35"H x 48"W x 22"D w/ 43"x16"xl" poly tray -VENT KIT 1 VENT KIT FOR ACID BASE UNIT (Non -Squeezed Top) 22. Demo existing duct work, exhaust fans and Lab hood as needed. 23. Install (1) new laboratory hood. 24. Make final services tie-ins as necessary. 25. Furnish and install (1) new rooftop laboratory exhaust fans with zero -pressure stacks. 26. Furnish and install new epoxy coated spiral duct work with blast -gates; run new duct from new hood through existing roof penetrations to new exhaust fans. 27. Start-up, test, balance and certify new laboratory hood and exhaust systems. 28. Provide written report of system's performance based upon ASHRAE 110 Test. www.haldemanhomme.com www.hhbestlab.com Arkansas — Colorauo — Idaho — Illinois Indiana — Iowa — Kansas — Michigan — Minnesota — Montana — Nebraska — Nevada — New Mexico — North Dakota — Oklahoma — South Dakota — Texas — Utah — Wisconsin — Wyoming HALDEMAN HOMME, INC. 8120 Exchange Drive Suite 200, Austin, TX 78754 Tel: 512-808-4770 Fax: 612-378-2236 "Exceeding Customer Expectations Since 1924" ,SERVICES • Construction • Consulting / Training • Service & Maintenance • Layout & Design • Project Management PRODI CTS • Athletic & Wood Flooring • Athletic Equipment • Auditorium Seating • Bleachers • Casework • Clean Rooms • Divider Walls • laboratory Equipment • laboratory Furniture • Library & File Systems • Lockers • School Equipment • Storage Systems • Tracks • Turf Fields The Haldeman Homme Family oi; Companies: • Academic Specialties • Academic Specialties TX • Anderson ladd • IDEA vl iyL! Employee Owned SERVING EDUCATION, HEALTH CARE, AND INDUSTRY SINCE 1924 Qualifications: 1. Pricing good for 1 production run and 1 delivery with completion not later than 6-30-16. 2. Dumpster to be provided for demo and installation by CC Crime Lab. 3. Proposed project schedule: Shop Drawings 1 week Approval Process 1 week Manufacturing Lead Time 10-12 weeks Shipping 2 weeks Installationl week Excludes: 1. State Sales & Use Taxes. Purchaser by acceptance of this quotation agrees to furnish Tax Exemption Certificates when requested on non-taxable materials, otherwise any applicable tax will be added at time of invoicing. 2. Any Liquidated, Consequential and/or Actual Damages clauses. 3. Charges for vertical transportation, Mechanical utilities and connections, Electrical utilities and connections, Bonds, Removal of existing equipment, Traps, Ducts, Fume hood fan/blowers, Fume hood testing/balancing, Rubber/vinyl base, In -wall backing/blocking. 4. Note: Clean-up to be limited to removing all debris, dirt and rubbish accumulated as a result of our installation to a dumpster provided by others, leaving the premises broom clean and orderly. SEE PAGE 3 for Terms & Conditions This proposal is based upon usage of the AGC/ASA/ASC "Standard Form Construction Subcontract", 1996 Edition or a subcontract form otherwise acceptable to Haldeman -Homme, Inc. TERMS: Net 30 Days ACCEPTED: Company Name RESPECTFULLY, HALDEMAN-HOMME, INC. Date By Roger Brigance General Manager rbrigance@hhbestlab.com 512.592.9390 Note: This quotation is offered for acceptance within 30 days and is subject to revision beyond that time. www.haldemanhomme.com www.hhbestlab.com Arkansas — Colorauo — Idaho — Illinois Indiana — Iowa — Kansas — Michigan — Minnesota — Montana — Nebraska — Nevada — New Mexico — North Dakota — Oklahoma — South Dakota — Texas — Utah — Wisconsin — Wyoming ATTACHMENT C - INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Facility and Property Management, one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation by endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 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 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 Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non- renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2015 Insurance Requirements Facility and Property Management. Vent Hood Installation 12/31/2015 ds Risk Management CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-69418 Date Filed: 06113/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. HALDEMAN HOMME INC HOUSTON, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 802 Chemical Vent Hood Replacement 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT 1 it I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. 4SHAY MORAN Af:4. Notary Public, State of Texas My Camsnisslon Expires /I "3'ro,�6,€ August 15, 2016 ,,����� , Signature of authorizes gent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE before by the said 1.1>re c r this the 13 day of 4 ,,,, e.. , Sworn to and subscribed me, , 20 I& , to certify which, witness my hand and seal of office, l ,J "4 ©t' 0..V` gnature of officer mmiste it g oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us AGENDA MEMORANDUM Future Item for the City Council Meeting of July 19, 2016 Action Item for the City Council Meeting July 26, 2016 DATE: July 19, 2016 TO: Margie C. Rose, City Manager FROM: Jim Davis, Director of General Services jimd@cctexas.com (361) 826-1909 Robert Rocha, Fire Chief RRocha@cctexas.com (361) 826-3932 Maria Pedraza, Procurement Manager mariape@cctexas.com (361) 826-3176 Purchase of a Peterbilt Fire Rescue Unit CAPTION: Motion approving the purchase of a Peterbilt Encore Light and Air Fire Rescue Unit from Siddons-Martin Emergency Group, Houston, Texas for a total amount of $397,000.00. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative (TLGPC), dba BuyBoard. Funds have been budgeted by Fleet Maintenance Services in FY 2015-2016. PURPOSE: This item is to approve the purchase of a Peterbilt Encore Light and Air Fire Rescue Unit. BACKGROUND AND FINDINGS: This Peterbilt unit will be utilized for emergency scene operations. It will be equipped with a command light mounted to the top of this unit so that it can illuminate the scene of an emergency for safer operations. In addition, this unit will have the capabilities to provide breathing air to the firefighters so that the air bottles that they consume can be refilled at the scene. The Light and Air Fire Rescue Unit will be a replacement unit and will not increase the fleet. The old unit will go into reserve status. ALTERNATIVES: The equipment identified is the optimum choice for the tasks to be performed. The power configuration for these vehicles is not compatible with a CNG fuel application. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Fire and Fleet Maintenance Services FINANCIAL IMPACT: ❑ Operating ❑ Revenue x Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $4,106,461.49 $0.00 $4,106,461.49 Encumbered / Expended Amount $1,860,892.83 $0.00 $1,860,892.83 This item $397,000.00 $0.00 $397,000.00 BALANCE $1,848,568.66 $0.00 $1,848,568.66 Fund(s): Fleet Maintenance Services Comments: Funding for the purchase has been approved in the FY 2015-2016 budget. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet. CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ ITEM DESCRIPTION QTY. UNIT PRICE SHEET PETERBILT FIRE RESCUE UNIT TLGPC: 491-15 SIDDONS-MARTIN EMERGENCY GROUP HOUSTON, TEXAS UNIT PRICE EXTENDED PRICE 1 2. Peterbilt Encore Light and Air Unit Pierce, PB337 2 -Door, Rescue, ENCORE, Paccar P -X8 330 hp No Tank, No Pump BuyBoard Fee 1 1 EA EA $395,500.00 $395,500.00 $1,500.00 Total Price $1,500.00 $397,000.00 AGENDA MEMORANDUM Future item for the City Council Meeting of July 19, 2016 Action item for the City Council Meeting of July 26, 2016 DATE: June 30, 2016 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM: Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 CAPTION: J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Approval of Master Agreements Facilities Multiple Award Contract (FMAC) for the Minor Construction, Repair, Rehabilitation, and Alteration of Facilities Motion authorizing the City Manager or designee to execute a Master Agreement for the Facilities Multiple Award Contract (FMAC) program for a one-year term with option to renew administratively for up to two one-year periods, with no guaranteed minimum and a maximum aggregate of $2,000,000 per agreement in any one year and authorizing the City Manager or designee to execute all Facilities Multiple Award Contracts thereunder not exceeding $500,000 with the following: • Spaw Glass • Barcom Construction • Cruz Maintenance & Construction, Inc. • J E Construction Services (Alternate Contractor) PURPOSE: The purpose of this Agenda Item is to obtain authority to award and execute four (4) Facilities Multiple Award Contract Master Agreements for minor construction services and repair of city facilities on an as - needed basis through an alternative contracting strategy for improved project delivery at a lower cost. BACKGROUND AND FINDINGS: This program is consistent with other Federal, State, and Municipal governments' use of Alternative Contracting strategies to minimize the time and cost of project development and implementation. This agenda item implements a Facilities Multiple Award Contract (FMAC) program which is a contracting method that provides for a pre -selected list of contractors to competitively bid indefinite number of projects over an extended period of time. This FMAC is planned as a 3 -year contract with a one-year base plus two one-year options. The award is recommended for four contractors; the top three as primary and the fourth as an alternate. For each project three primary contractors will be invited to submit competitive bids. The fourth contractor will be activated should any of the three not be available to participle. The individual contractors have no guaranteed minimum with a maximum aggregate amount not to exceed $2,000,000 in any one year. This FMAC program will directly improve the scope, quality and timeliness with an overall reduced cost for the delivery of facility projects, similar to the previous Job Order Contracting Program. The FMAC process streamlines the acquisition of the construction contract, simplifies the design process, and allows Early Contractor Involvement (ECI) in the planning and design phase. The long-term relationship with these contractors and ECI allows interaction during the design to incorporate contractor recommendations to improve quality, time and cost, and specifically reduces the need for change orders. After completion of the construction for each project, the contractor(s) will be evaluated. These evaluations will be considered for future projects and options to extend the contracts. This combined process and information has an overall reduction on design timeline and cost. On April 1, 2016, the Department of Engineering Services issued Request for Proposals (RFP) No. 2016- 04 Facilities Multiple Award Contract (FMAC) for the Minor Construction, Repair, Rehabilitation, and Alteration of Facilities. The RFP was posted online at www.civcastusa.com. The Department of Engineering Services coordinated all activities. The following seven (7) respondents submitted Proposals: 1. Alpha Building Corporation 2. Barcom Construction 3. Cruz Maintenance & Construction, Inc. 4. Gourley Contracting 5. J E Construction Services 6. Spaw Glass 7. Trade Mart Construction, LLC All seven (7) of the respondent proposals were deemed administratively complete and reviewed by the Selection Committee. The Selection Committee evaluated each proposal based on the following criteria: 1. Experience and Qualifications (20%) 2. Technical Approach, Quality Control, Safety Plans (20%) 3. Past Performance (30%) 4. Price Factor (proposed coefficients) (30%) The panel selected the four contractors below as the most highly qualified contractors with proposals that offered the best value to the City. Award of the four (4) proposed FMAC MSA's as proposed will allow the City to employ this alternative delivery method. • Spaw Glass • Barcom Construction • Cruz Maintenance & Construction, Inc. • J E Construction Services (Alternate Contractor) ALTERNATIVES: 1. Award a FMAC Master Agreement to a reduced number of contractors. 2. Do not authorize execution of the Master Agreements. OTHER CONSIDERATIONS: On December 31, 2015, the City Council was notified the Job Order Contracting (JOC) process would be cancelled due to its subjective nature. All existing contracts under that program were completed and a Multiple Award Contract process was developed to correct the inefficiencies of the JOC program. This FMAC Program replaces the previous Job Order Contract program and follows the same provisions of the Texas Government Code. The new process will utilize the same pre -qualified contractors where possible, but ask them to submit competitive bids for each job, instead of relying on pre -approved databases such as RS Means for negotiating the project price. The decision of which contractor will be chosen for the job will be based on objective criteria; the lowest qualified bidder will be chosen for the contract. Approval of these FMAC Master Agreements authorizes City Manager, or designee, to administratively issue projects that do not exceed $500,000 and to extend the option years based on performance of the contractor(s). Any task order (project) that exceeds $500,000 will be presented to City Council for consideration and approval. CONFORMITY TO CITY POLICY: Conforms to city policy relating to RFP's and competitive sealed proposals, Chapter 2269 of the Texas Government Code relating to Job Order Contracts, and Section 2, Article X, City Charter related to contracts. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Not applicable FINANCIAL IMPACT: Fiscal Year 2015-2016 Project to Date Expenditures Current Year Future Years TOTALS Budget $0.00 $0.00 $0.00 $0.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 $0.00 This item $0.00 $0.00 $0.00 $0.00 Future Anticipated Expenditures This Project $0.00 $0.00 $0.00 $0.00 BALANCE $0.00 $0.00 $0.00 $0.00 Fund(s): Not applicable RECOMMENDATION: City staff recommends a Facilities Multiple Award Contract Master Agreement be awarded to Spaw Glass, Barcom Construction, Cruz Maintenance & Construction, Inc., and J E Construction Services (Alternate Contractor) for a one-year base term with option to renew administratively for up to two one-year periods, with no guaranteed minimum and a maximum aggregate of $2,000,000 in any one year and authorizing the City Manager or designee to execute all Facility Multiple Award Contracts thereunder not exceeding $500,000. LIST OF SUPPORTING DOCUMENTS: Master Agreement — Spaw Glass Master Agreement — Barcom Construction Master Agreement — Cruz Maintenance & Construction Master Agreement — J E Construction Services (Alternate Contractor) Form 1295 Certificate of Interested Parties — Spaw Glass Form 1295 Certificate of Interested Parties — Barcom Construction Form 1295 Certificate of Interested Parties — Cruz Maintenance & Construction Form 1295 Certificate of Interested Parties — J E Construction Services (alternate contractor) Powerpoint Presentation CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 011 - Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-79561 Date Filed: 07/05/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. JE Construction Services, LLC. CORPUS CHRISTI, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi Department of Engineering Services 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. RFP 2016-04 Facilities Maintenance/Construction 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary 5 Check if there is NO Interested Party. only X 6 AFFIDAVIT I swear, or 1, ra, KAREN JUST Notary Public. Stole of texas •= My Commission [spires"F:f October 30, 2016 affirm, under penalty of perjury, that the • above disclosure is true and correct. '41101 • Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE f '01 [� \ 2. t4� (� Sworn to and subscribed before me, by the said lr1(4' N i , this the 54� day of .J.`` 1 / 20 � , to certify which, witness my hand and seal of office. &, I JA •)(.1,6-1-- Kture Signature of o administering oath Printed name of officer administering oath Title of officer a minist oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 CITY OF CORPUS CHRISTI FACILITIES MULTIPLE AWARD CONTRACT MASTER AGREEMENT This Agreement is entered into on , 2016, between the City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or designee and Spaw Glass, a Texas Corporation, 4909 E. Grimes, Suite 116, Harlingen, Texas 78550 (Contractor). WHEREAS, Texas Government Code Chapter 2269, Subchapter I authorizes the City to contract for the maintenance, repair, alteration, renovation, remediation or minor construction of city -owned facilities when the work is of a recurring nature but the delivery times, type and quantities of work required are indefinite; WHEREAS, the City's Department of Engineering Services issued a Request for Proposals No. 2016-04 - Master Agreement for Facilities Multiple Award Contract (FMAC) for the Minor Construction, Repair, Rehabilitation and Alteration of Facilities to provide services on an on-call or as -needed basis, through individually priced task orders for the maintenance, repair, alteration, renovation, remediation or construction of facilities; and WHEREAS, Contractor submitted a proposal in response to the RFP (Proposal) and was selected for recommendation for award; and WHEREAS, the parties desire to enter into a Facilities Multiple Award Contract Master Agreement (Agreement) to set the terms and conditions the parties must follow; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: ARTICLE I — FACILITIES MULTIPLE AWARD CONTRACT PROGRAM 1.1 The City has awarded or will award one or more FMAC Master Agreements. 1.2 This Agreement consists of the following Contract Documents, which specify the terms and conditions that the parties agree to comply with throughout the term of the Agreement: 1.2.1 RFP No. 2016-04 and Addenda, 1.2.2 Contractor's Proposal, including all attachments and exhibits, submitted in response to RFP No. 2016-04 (Exhibit A), 1.2.3 this FMAC Master Agreement, including all attachments and exhibits 1.2.4 Specifications, forms and documents listed in SECTION 00 01 00 TABLE OF CONTENTS. 1.3 The parties agree to comply with the Agreement and any additional terms and conditions specified in the FMAC Task Orders issued hereunder. 1.4 This Agreement is a competitively awarded master agreement with an undefined State of Work (SOW). The work is of an indefinite quantity and a recurring nature, delivered on an on-call or as -needed basis, through individually priced FMAC Task Orders (Order). The Agreement may support a broad assortment of facilities construction work, including maintenance, repair, Page 1 Rev. 4/1 K ENGINEERINGIRFOSIRFP NO 2016.04 FACILITIES MULTIPLE AWARD CONTRACT (FMAC)L10 FMAC MASTER AGREEMENTSII FMAC SPAW GLASS MASTER AGREEMENT DOCX alteration, renovation, remediation or minor construction. 1.5 This Agreement and any Task Order applies only to a facility that is a building, or a structure or land, whether improved or unimproved, that is associated with a building. The City currently owns approximately 1200 properties that require a variety of minor construction, repair, rehabilitation or alteration services, including but not limited to services for three areas: general, mechanical/electrical/plumbing (MEP) and roofing. 1.5.1 Minor construction may include a range of services from new office construction (as well as demolition) to completing a new floor plan, etc. 1.5.2 Repair is defined as work that involves the reparation of a broken system, component or sub -component of a building such as doors, electrical outlets, plumbing, flooring, sheetrock and/or air conditioning systems, etc. 1.5.3 Rehabilitation is defined as work that involves the restoration of an office, floor, system or component of a system in order to restore functionality. 1.5.4 Alteration is defined as work that involves extending a wall, upgrading lighting fixtures, installing a door where one did not exist, replacing flooring, etc. 1.6 Contractor must provide all labor, services, equipment, materials, tools, transportation, mobilization, insurance, subcontracts, bonds, supervision, management, reports, incidentals and quality control necessary to complete all services agreed to in a timely manner as required by the Contract Documents throughout the term of the Agreement. 1.7 Contractor's Project General Manager shall be knowledgeable in multiple disciplines, including electrical, mechanical, HVAC, paving, landscaping, painting, roofing and plumbing. 1.8 Contractor may be required to submit a Safety Plan to the City within 15 calendar days after Award of Agreement. The Safety Plan must address all aspects of the Contractor's safety procedures, including responsibility for OSHA compliance, drug testing, trend analysis, corrective action and interface with City inspectors. ARTICLE II — PERIOD OF SERVICE AND COMPENSATION 2.1 The base term of this Agreement is for two years with the option to administratively renew annually for not more than three additional years. 2.2 The maximum aggregate price for work during any one year of this Agreement's term is $2,000,000.00. 2.3 City shall pay Contractor in current funds for performance of each Order in accordance with both this Agreement and the Order as the work progresses. 2.4 This Agreement provides for no guaranteed minimum amount of Orders, no amount of work and no dollar amount. 2.5 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. Page 2 Rev. 4/1 K 1ENGINEERING1RFOs1RFP NO 2016-04 FACILITIES MULTIPLE AWARD CONTRACT (FMAC)110 FMAC MASTER AGREEMENTV FMAC SPAW GLASS MASTER AGREEMENT DOCX ARTICLE III - FMAC TASK ORDER 3.1 The Facilities Multiple Award Contract Task Order (Order) will be for a defined Statement of Work to be performed within a set time period. 3.2 With the exception of emergencies, each Order will be competitively procured by requesting sealed proposals from each FMAC Contractor. 3.2.1 The Request for Task Order Proposal (RFTOP) will specify the date and time that sealed proposals will be publicly opened. 3.2.2 The RFTOP will include evaluation criteria, including but not limited to, price, past performance, past experience with similar sites, knowledge and capability of personnel, capacity, safety and other factors that directly impact the quality of work to be delivered. 3.2.3 The City shall have the right to reject all proposals, cancel a proposed project or elect to perform work utilizing city personnel. The City shall not be responsible for payment or costs incurred by the Contractor for the preparation and submission of a Task Order Proposal regardless of project outcome. 3.3 Each FMAC Task Order Agreement will incorporate by reference this Agreement. Contractor must comply with the terms and conditions of this Agreement throughout the term of the Agreement and during the performance of each Order. 3.4 Contractor shall construct and complete the improvements according to the Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in the Contractor's Order Proposal and as provided under this Agreement and the Order Agreement. 3.5 Contractor 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. 3.6 Contractor shall provide performance and payment bonds if required by law based on the amount of the Order or if otherwise required by the City. At a minimum, the Contractor will be required to provide a payment bond on all Orders that exceed $50,000 and a performance bond on all Orders that exceed $100,000. 3.7 In the event that design services, construction drawings and/or plans are required, the City shall obtain these services from city resources or from a third -party consultant. The Contractor will not be permitted to contract with or hire consultants. 3.8 Contractor shall warrant that work performed conforms to the Task Order requirements and is free of any defect in equipment, material or design furnished or workmanship performed by the Contractor or any of its subcontractors or suppliers at any tier. All work provided by the Contractor shall be warranted for a minimum period of one year from the date of final acceptance of the Work. Equipment warranties shall be as required under the Statement of Work. ARTICLE IV — SCHEDULING OF WORK 4.1 The first day of performance shall be the effective date specified in the Task Order Agreement. Any preliminary work started, materials ordered or purchased prior to receipt of the City's Notice to Proceed shall be at the Contractor's risk and expense. Page 3 Rev. 4/1 KSENGINEERINGIRFOSIRFP NO 2016-04 FACILITIES MULTIPLE AWARD CONTRACT (FMACA10 FMAC MASTER AGREEMENTSI1 FMAC SPAW GLASS MASTER AGREEMENT DOCX 4.2 The Contractor shall meticulously prosecute the Work to completion within the time set forth in the Task Order. 4.3 The period of performance shall include allowance for mobilization, holidays, weekends, inclement weather, cleanup and project acceptance procedures. 4.4 When the Contractor considers the Work to be complete and ready for its intended use, Contractor shall notify the Director of Engineering Services or designee. The City shall inspect the Work to determine the status for completion. The Contractor shall promptly proceed to complete or correct listed items. 4.5 Contractor shall ensure that the purchase, delivery and storage of materials and equipment shall be made without interference to the City operations and personnel. 4.6 Contractor shall be responsible for removing furniture and/or portable office equipment from the immediate work area as well as replacing to its original location upon work completion. In the event that said items cannot be replaced within its original location, the City shall designate alternate location(s) for placement. 4.7 Contractor shall take all necessary precautions to ensure that no damage shall result from operations to private or public property. An damages must be repaired or replaced by the Contractor at no additional cost to the City. 4.8 Contractor shall be responsible for providing all necessary traffic control, to include but is not limited to, street blockages, traffic cones, flagmen, etc. as required for each Task Order. Proposed traffic control methods must be submitted to the City for approval prior to commencement of work. 4.9 Contractor shall be responsible for obtaining all required permits applicable to performance under any single order placed against this contract. The City shall be responsible for the cost of any and all City permits. ARTICLE V — "GREEN BUILDING" PROGRAM 5.1 In an effort to conserve resources, as well as, preserve our environment, the City is in the process of developing a program to support a "Green Building" policy for all new city -owned and funded facilities. A "green building," also known as a high performance building, shall include a structure or facility that is designed, built, renovated and operated in a resource -efficient and healthful manner. Green buildings are designed to meet certain objectives such as: conserve energy and water, use renewable, recyclable or reclaimed materials, protect occupant health, optimize use of local and regional resources, and reduce the overall impact of that new structure to the environment. The program initiatives for a "Green Building" policy may include the following: 5.1.1 All new buildings and major renovations constructed by the City of Corpus Christi or its contractors and funded directly by the City of Corpus Christi shall be designed and constructed with economical and technically feasible green building components. 5.1.2 The City of Corpus Christi shall focus this green building policy in an effort to meet the requirements of the Texas Emissions Reduction Plan, specifically Chapter 388 of the Texas Health and Safety Code. Section 388.005 states that certain political subdivisions Page 4 Rev. 4/1 KIENG1NEERINGIRF0SIRFP NO 2016-04 FACILITIES MULTIPLE AWARD CONTRACT (FMAC)110 FMAC MASTER AGREEMENTS51 FMAC SPAW GLASS MASTER AGREEMENT DOCX should: (a) implement all cost effective "energy efficiency measures" in order to reduce electric consumption by the existing facilities, (b) establish a goal to reduce electric consumption by its facilities of five percent each year for five years, and (c) annually report to State Energy Conservation Office (SEC) its efforts and progress in reduction of electricity. 5.1.3 City staff will develop a green building program for the city facilities targeted in this policy. This green building program will describe the standards of the green building components, including standards for energy efficiency, renewable materials, water conservation, air flow and site location. This program shall also describe the target buildings, exemptions and methods to achieve the goals of this policy. The development of this plan will include an evaluation of the AIA "2020 Challenge," the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED), and the Environmental Protection Agency's Energy Star Program. Feasible components of these programs will be incorporated into this plan. A review of the accomplishments made under this plan shall be reported to City Council annually. 5.1.4 All maintenance practices performed by the City of Corpus Christi shall incorporate energy efficiency and green building practices. ARTICLE VI — INDEMNIFICATION CONTRACTOR covenants and agrees to FULLY INDEMNIFY and HOLD HARMLESS the CITY and the elected officials, employees, officers, directors and representatives of the CITY, individually or collectively, from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including but not limited to, personal or bodily injury, death and/or property damage made upon the CITY, directly or indirectly arising out of, resulting from or related to CONTRACTOR'S activities under this CONTRACT, including any acts or omissions of CONTRACTOR and/or CONTRACTOR'S agent, officer, director, representative, employee, consultant or subcontractor while in the exercise of performance of the rights or duties under this CONTRACT, all without, however, waiving any governmental immunity available to the CITY under Texas Law and without waiving any defenses of the parties under Texas Law. IT IS FURTHER COVENANTED AND AGREED THAT SUCH INDEMNITY SHALL APPLY EVEN WHERE SUCH COSTS, CLAIMS, LIENS, DAMAGES, LOSSES, EXPENSES, FEES, FINES, PENALTIES, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND/OR SUITS ARISE IN ANY PART FROM THE NEGLIGENCE OF CITY, THE ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS AND REPRESENTATIVES OF CITY, UNDER THIS CONTRACT. The provisions of this INDEMNITY are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. It is the EXPRESS INTENT of the parties to this CONTRACT that the INDEMNITY provided for in this section is an INDEMNITY extended by CONTRACTOR to INDEMNIFY, PROTECT and HOLD HARMLESS the CITY from the consequences of the CITY'S OWN NEGLIGENCE, provided however, that the INDEMNITY provided for in this section SHALL APPLY only when the NEGLIGENT ACT of the City is a CONTRIBUTORY CAUSE of the Page 5 Rev. 4/1 KIENGINEERINGIRFOSRFP NO 2016-04 FACILITIES MULTIPLE AWARD CONTRACT (FMAC)110 FMAC MASTER AGREEMENTSVI FMAC SPAW GLASS MASTER AGREEMENT DOCX resultant injury, death or damage and shall have no application when the negligent act of the CITY is the sole cause of the resultant injury, death or damage. CONTRACTOR further AGREES TO DEFEND, AT ITS OWN EXPENSE and ON BEHALF OF THE CITY AND IN THE NAME OF THE CITY AND WITH COUNSEL ACCEPTABLE TO THE CITY, any claim or litigation brought against the CITY and its elected officials, employees, officers, directors, volunteers and representatives, in connection with any such injury, death or damage for which this INDEMNITY shall apply, as set forth above. CONTRACTOR shall advise the CITY in writing, within 24 hours, of any claim or demand against the CITY or CONTRACTOR, known to CONTRACTOR, related to or arising out of activities under this CONTRACT and shall see to the investigation and defense of such claim or demand at CONTRACTOR'S cost. The CITY shall have the right, at its option and at its own expense, to participate in such defense without relieving CONTRACTOR of any of its obligations under this paragraph. ARTICLE VII - INSURANCE REQUIREMENTS 7.1 Texas law requires that contractors, subcontractors and others must be covered under Workers' Compensation insurance, authorized self-insurance or a workers' compensation coverage agreement. Throughout this Agreement, such coverage must be provided. Contractor shall comply with the Insurance Requirements for Workers' Compensation Coverage as described and shown in the Notice to Contractors, attached as Exhibit B. 7.2 Contractor shall comply with the Insurance Requirements as described and shown in Exhibit B. ARTICLE VIII - TERMINATION OF AGREEMENT 8.1 The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to the Contractor at the address of record. 8.2 In this event, the Contractor will be compensated for its services on all work completed and accepted by the City at the time of termination. ARTICLE IX — RIGHT OF REVIEW AND AUDIT 9.1 Contractor grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Contractor'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. Contractor 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. 9.2 "Contractor'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, Page 6 Rev. 411 KAENGINEERINGIRFOSIRFP NO 2016-04 FACILITIES MULTIPLE AWARD CONTRACT (FMA::)110 FMAC MASTER AGREEMENTSI1 FMAC SPAW GLASS MASTER AGREEMENT DOCX 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. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Contractor's records only during City's regular business hours. Contractor agrees to allow City's designee access to all of Contractor's records, Contractor's facilities and Contractor's current or former employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Contractor also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Contractor shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X — OTHER PROVISIONS 10.1 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement between City and Contractor 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 Contractor. 10.2 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. All legal proceedings must be filed, tried and cannot be removed from Nueces County, Texas. 10.3 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. 10.4 Independent Contractor. Contractor, it and all persons designated by it to provide services in connection with this Agreement or any Task Order Agreement executed pursuant to this Agreement, is and shall be deemed to be an independent contractor, responsible for its respective acts or omissions, and City shall in no way be responsible for Contractor's actions and neither party hereto will have authority to bind the other or to hold out to third parties that it has such authority. 10.5 Captions. The captions, titles and headings in this Agreement are merely for convenience of the parties and shall neither limit nor amplify the provisions of the Agreement itself. 10.6 Notices to be given by either party to the other relative to this Agreement shall be in writing. Both parties agree that any such notice shall be effective when personally delivered or deposited, postage paid, in the U.S. Mail addressed by certified mail, return receipt request, as follows: CITY: City of Corpus Christi Attn: Jeff Edmonds, Director of Engineering Services 1201 Leopard Street, 3n1 Floor Corpus Christi, TX 78401 Fax: 361-826-3501 CC: City of Corpus Christi Page 7 Rev. 411 K.IENGINEERINGIRFOSIRFP NO 2016.04 FACILITIES MULTIPLE AWARD CONTRACT (FMAC}410 FMAC MASTER AGREEMENTSII FMAC SPAW GLASS MASTER AGREEMENT DOCX Attn: Veronica Ocanas, Assistant City Attorney 1201 Leopard Street, 5th Floor Corpus Christi, TX 78401 Fax: 361-826-3239 CONTRACTOR: Name: Eric Kennedy Title: President, South Texas Division Address: 4909 E. Grimes, Suite 116, Harlingen, TX 78550 Telephone: (956) 412-9880 Fax: Email: eric.kennedy@spawglass.com CITY OF CORPUS CHRISTI SPAW GLASS 7/7/16 J. H. Edmonds, P. E., (Date) Eric Kennedy (Date) Director of Engineering Services President, South Texas Division 4909 E. Grimes, Suite 116 Harlingen, TX 78550 APPROVED AS TO LEGAL FORM (956) 412-9880 Office Assistant City Attorney (Date) for City Attorney ATTEST Rebecca Huerta, City Secretary Page 8 Rev. 4/1 N 1ENGINEERINGIRFOSIRFP NO. 2016-04 FACILITIES MULTIPLE AWARD CONTRACT (FMACj110 FMAC MASTER AGREEMENTSN FMAC MASTER AGREEMENT SPAW GLASS-DOCX Facilities Multiple Award Contract (FMAC) for the Minor Construction, Repair\ Rehabilitation, and Alteration of Facilities Attachments Available Upon Request CITY OF CORPUS CHRISTI FACILITIES MULTIPLE AWARD CONTRACT MASTER AGREEMENT This Agreement is entered into on , 2016, between the City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or designee and Barcom Construction, a Texas Corporation, 5826 Bear Lane, Corpus Christi, Texas 78405 (Contractor). WHEREAS, Texas Government Code Chapter 2269, Subchapter I authorizes the City to contract for the maintenance, repair, alteration, renovation, remediation or minor construction of city -owned facilities when the work is of a recurring nature but the delivery times, type and quantities of work required are indefinite; WHEREAS, the City's Department of Engineering Services issued a Request for Proposals No. 2016-04 - Master Agreement for Facilities Multiple Award Contract (FMAC) for the Minor Construction, Repair, Rehabilitation and Alteration of Facilities to provide services on an on-call or as -needed basis, through individually priced task orders for the maintenance, repair, alteration, renovation, remediation or construction of facilities; and WHEREAS, Contractor submitted a proposal in response to the RFP (Proposal) and was selected for recommendation for award; and WHEREAS, the parties desire to enter into a Facilities Multiple Award Contract Master Agreement (Agreement) to set the terms and conditions the parties must follow, NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: ARTICLE I — FACILITIES MULTIPLE AWARD CONTRACT PROGRAM 1.1 The City has awarded or will award one or more FMAC Master Agreements. 1.2 This Agreement consists of the following Contract Documents, which specify the terms and conditions that the parties agree to comply with throughout the term of the Agreement: 1.2.1 RFP No. 2016-04 and Addenda, 1.2.2 Contractor's Proposal, including all attachments and exhibits, submitted in response to RFP No. 2016-04 (Exhibit A), 1.2.3 this FMAC Master Agreement, including all attachments and exhibits 1.2.4 Specifications, forms and documents listed in SECTION 00 01 00 TABLE OF CONTENTS. 1.3 The parties agree to comply with the Agreement and any additional terms and conditions specified in the FMAC Task Orders issued hereunder. 1.4 This Agreement is a competitively awarded master agreement with an undefined State of Work (SOW). The work is of an indefinite quantity and a recurring nature, delivered on an on-call or as -needed basis, through individually priced FMAC Task Orders (Order). The Agreement may support a broad assortment of facilities construction work, including maintenance, repair, alteration, renovation, remediation or minor construction. Page 1 Rev. 4/1 KIENGINEERINGIRFOSIRFP NO 2016.04 FACILITIES MULTIPLE AWARD CONTRACT {FMAC r:1 FMAC MASTER AGREEMENTS12 FMAC BARCOM MASTER AGREEMENT DOCX 1.5 This Agreement and any Task Order applies only to a facility that is a building, or a structure or land, whether improved or unimproved, that is associated with a building. The City currently owns approximately 1200 properties that require a variety of minor construction, repair, rehabilitation or alteration services, including but not limited to services for three areas: general, mechanical/electrical/plumbing (MEP) and roofing. 1.5.1 Minor construction may include a range of services from new office construction (as well as demolition) to completing a new floor plan, etc. 1.5.2 Repair is defined as work that involves the reparation of a broken system, component or sub -component of a building such as doors, electrical outlets, plumbing, flooring, sheetrock and/or air conditioning systems, etc. 1.5.3 Rehabilitation is defined as work that involves the restoration of an office, floor, system or component of a system in order to restore functionality. 1.5.4 Alteration is defined as work that involves extending a wall, upgrading lighting fixtures, installing a door where one did not exist, replacing flooring, etc. 1.6 Contractor must provide all labor, services, equipment, materials, tools, transportation, mobilization, insurance, subcontracts, bonds, supervision, management, reports, incidentals and quality control necessary to complete all services agreed to in a timely manner as required by the Contract Documents throughout the term of the Agreement. 1.7 Contractor's Project General Manager shall be knowledgeable in multiple disciplines, including electrical, mechanical, HVAC, paving, landscaping, painting, roofing and plumbing. 1.8 Contractor may be required to submit a Safety Plan to the City within 15 calendar days after Award of Agreement. The Safety Plan must address all aspects of the Contractor's safety procedures, including responsibility for OSHA compliance, drug testing, trend analysis, corrective action and interface with City inspectors. ARTICLE II — PERIOD OF SERVICE AND COMPENSATION 2.1 The base term of this Agreement is for two years with the option to administratively renew annually for not more than three additional years. 2.2 The maximum aggregate price for work during any one year of this Agreement's term is $2,000,000.00. 2.3 City shall pay Contractor in current funds for performance of each Order in accordance with both this Agreement and the Order as the work progresses. 2.4 This Agreement provides for no guaranteed minimum amount of Orders, no amount of work and no dollar amount. 2.5 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. Page 2 Rev. 4/1 K\ENGINEERINGSRFOSIRFP NO. 2016.04 FACILITIES MULTIPLE AWARD CONTRACT (FMACJ110 FMAC MASTER AGREEMENTSI2 FMAC BARCOM MASTER AGREEMENT DOCX ARTICLE 111 - FMAC TASK ORDER 3.1 The Facilities Multiple Award Contract Task Order (Order) will be for a defined Statement of Work to be performed within a set time period. 3.2 With the exception of emergencies, each Order will be competitively procured by requesting sealed proposals from each FMAC Contractor. 3.2.1 The Request for Task Order Proposal (RFTOP) will specify the date and time that sealed proposals will be publicly opened. 3.2.2 The RFTOP will include evaluation criteria, including but not limited to, price, past performance, past experience with similar sites, knowledge and capability of personnel, capacity, safety and other factors that directly impact the quality of work to be delivered. 3.2.3 The City shall have the right to reject all proposals, cancel a proposed project or elect to perform work utilizing city personnel. The City shall not be responsible for payment or costs incurred by the Contractor for the preparation and submission of a Task Order Proposal regardless of project outcome. 3.3 Each FMAC Task Order Agreement will incorporate by reference this Agreement. Contractor must comply with the terms and conditions of this Agreement throughout the term of the Agreement and during the performance of each Order. 3.4 Contractor shall construct and complete the improvements according to the Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in the Contractor's Order Proposal and as provided under this Agreement and the Order Agreement. 3.5 Contractor 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. 3.6 Contractor shall provide performance and payment bonds if required by law based on the amount of the Order or if otherwise required by the City. At a minimum, the Contractor will be required to provide a payment bond on all Orders that exceed $50,000 and a performance bond on all Orders that exceed $100,000. 3.7 In the event that design services, construction drawings and/or plans are required, the City shall obtain these services from city resources or from a third -party consultant. The Contractor will not be permitted to contract with or hire consultants. 3.8 Contractor shall warrant that work performed conforms to the Task Order requirements and is free of any defect in equipment, material or design furnished or workmanship performed by the Contractor or any of its subcontractors or suppliers at any tier. All work provided by the Contractor shall be warranted for a minimum period of one year from the date of final acceptance of the Work. Equipment warranties shall be as required under the Statement of Work. ARTICLE IV — SCHEDULING OF WORK 4.1 The first day of performance shall be the effective date specified in the Task Order Agreement. Any preliminary work started, materials ordered or purchased prior to receipt of the City's Notice to Proceed shall be at the Contractor's risk and expense. Page 3 Rev. 4/1 K °.ENGINEERING,RFOStRFP NO. 2016.04 FACILITIES MULTIPLE AWARD CONTRACT (FMAC)10 AGENDA ITEM\MASTER AGREEMENT BARCOM - FMAC FACILITES MULTIPLE AWARD CONTRACT.DOCX 4.2 The Contractor shall meticulously prosecute the Work to completion within the time set forth in the Task Order. 4.3 The period of performance shall include allowance for mobilization, holidays, weekends, inclement weather, cleanup and project acceptance procedures. 4.4 When the Contractor considers the Work to be complete and ready for its intended use, Contractor shall notify the Director of Engineering Services or designee. The City shall inspect the Work to determine the status for completion. The Contractor shall promptly proceed to complete or correct listed items. 4.5 Contractor shall ensure that the purchase, delivery and storage of materials and equipment shall be made without interference to the City operations and personnel. 4.6 Contractor shall be responsible for removing furniture and/or portable office equipment from the immediate work area as well as replacing to its original location upon work completion. In the event that said items cannot be replaced within its original location, the City shall designate alternate location(s) for placement. 4.7 Contractor shall take all necessary precautions to ensure that no damage shall result from operations to private or public property. All damages must be repaired or replaced by the Contractor at no additional cost to the City. 4.8 Contractor shall be responsible for providing all necessary traffic control, to include but is not limited to, street blockages, traffic cones, flagmen, etc. as required for each Task Order. Proposed traffic control methods must be submitted to the City for approval prior to commencement of work. 4.9 Contractor shall be responsible for obtaining all required permits applicable to performance under any single order placed against this contract. The City shall be responsible for the cost of any and all City permits. ARTICLE V — "GREEN BUILDING" PROGRAM 5.1 In an effort to conserve resources, as well as, preserve our environment, the City is in the process of developing a program to support a "Green Building" policy for all new city -owned and funded facilities. A "green building," also known as a high performance building, shall include a structure or facility that is designed, built, renovated and operated in a resource -efficient and healthful manner. Green buildings are designed to meet certain objectives such as: conserve energy and water, use renewable, recyclable or reclaimed materials, protect occupant health, optimize use of local and regional resources, and reduce the overall impact of that new structure to the environment. The program initiatives for a "Green Building" policy may include the following: 5.1.1 All new buildings and major renovations constructed by the City of Corpus Christi or its contractors and funded directly by the City of Corpus Christi shall be designed and constructed with economical and technically feasible green building components. 5.1.2 The City of Corpus Christi shall focus this green building policy in an effort to meet the requirements of the Texas Emissions Reduction Plan, specifically Chapter 388 of the Texas Health and Safety Code. Section 388.005 states that certain political subdivisions Page 4 Rev. 4/1 K:IENGINEERINGIRFOS\RFP NO 2016.04 FACILITIES MULTIPLE AWARD CONTRACT (FMAC)19 AGENDA ITEMIMASTER AGREEMENT BARCOM - FMAC FACILITIES MULTIPLE AWARD CONTRACT OOCX should: (a) implement all cost effective "energy efficiency measures" in order to reduce electric consumption by the existing facilities, (b) establish a goal to reduce electric consumption by its facilities of five percent each year for five years, and (c) annually report to State Energy Conservation Office (SEC) its efforts and progress in reduction of electricity. 5.1.3 City staff will develop a green building program for the city facilities targeted in this policy. This green building program will describe the standards of the green building components, including standards for energy efficiency, renewable materials, water conservation, air flow and site location. This program shall also describe the target buildings, exemptions and methods to achieve the goals of this policy. The development of this plan will include an evaluation of the AIA "2020 Challenge," the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED), and the Environmental Protection Agency's Energy Star Program. Feasible components of these programs will be incorporated into this plan. A review of the accomplishments made under this plan shall be reported to City Council annually. 5.1.4 All maintenance practices performed by the City of Corpus Christi shall incorporate energy efficiency and green building practices. ARTICLE VI — INDEMNIFICATION CONTRACTOR covenants and agrees to FULLY INDEMNIFY and HOLD HARMLESS the CITY and the elected officials, employees, officers, directors and representatives of the CITY, individually or collectively, from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including but not limited to, personal or bodily injury, death andlor property damage made upon the CITY, directly or indirectly arising out of, resulting from or related to CONTRACTOR'S activities under this CONTRACT, including any acts or omissions of CONTRACTOR and/or CONTRACTOR'S agent, officer, director, representative, employee, consultant or subcontractor while in the exercise of performance of the rights or duties under this CONTRACT, all without, however, waiving any governmental immunity available to the CITY under Texas Law and without waiving any defenses of the parties under Texas Law. IT IS FURTHER COVENANTED AND AGREED THAT SUCH INDEMNITY SHALL APPLY EVEN WHERE SUCH COSTS, CLAIMS, LIENS, DAMAGES, LOSSES, EXPENSES, FEES, FINES, PENALTIES, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND/OR SUITS ARISE IN ANY PART FROM THE NEGLIGENCE OF CITY, THE ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS AND REPRESENTATIVES OF CITY, UNDER THIS CONTRACT. The provisions of this INDEMNITY are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. It is the EXPRESS INTENT of the parties to this CONTRACT that the INDEMNITY provided for in this section is an INDEMNITY extended by CONTRACTOR to INDEMNIFY, PROTECT and HOLD HARMLESS the CITY from the consequences of the CITY'S OWN NEGLIGENCE, provided however, that the INDEMNITY provided for in this section SHALL APPLY only when the NEGLIGENT ACT of the City is a CONTRIBUTORY CAUSE of the Page 5 Rev. 411 :1ENGINEERINGIRFOS\RFP NO 2016-04 FACILITIES MULTIPLE AWARD CONTRACT (FMACJI9 AGENDA ITEMMASTER AGREEMENT BARCOM FMAC FACILITIES MULTIPLE AWARD CONTRACT DOCX resultant injury, death or damage and shall have no application when the negligent act of the CITY is the sole cause of the resultant injury, death or damage. CONTRACTOR further AGREES TO DEFEND, AT ITS OWN EXPENSE and ON BEHALF OF THE CITY AND IN THE NAME OF THE CITY AND WITH COUNSEL ACCEPTABLE TO THE CITY, any claim or litigation brought against the CITY and its elected officials, employees, officers, directors, volunteers and representatives, in connection with any such injury, death or damage for which this INDEMNITY shall apply, as set forth above. CONTRACTOR shall advise the CITY in writing, within 24 hours, of any claim or demand against the CITY or CONTRACTOR, known to CONTRACTOR, related to or arising out of activities under this CONTRACT and shall see to the investigation and defense of such claim or demand at CONTRACTOR'S cost. The CITY shall have the right, at its option and at its own expense, to participate in such defense without relieving CONTRACTOR of any of its obligations under this paragraph. ARTICLE VII - INSURANCE REQUIREMENTS 7.1 Texas law requires that contractors, subcontractors and others must be covered under Workers' Compensation insurance, authorized self-insurance or a workers' compensation coverage agreement. Throughout this Agreement, such coverage must be provided. Contractor shall comply with the Insurance Requirements for Workers' Compensation Coverage as described and shown in the Notice to Contractors, attached as Exhibit B. 7.2 Contractor shall comply with the Insurance Requirements as described and shown in Exhibit B. ARTICLE VIII - TERMINATION OF AGREEMENT 8.1 The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to the Contractor at the address of record. 8.2 In this event, the Contractor will be compensated for its services on all work completed and accepted by the City at the time of termination. ARTICLE IX — RIGHT OF REVIEW AND AUDIT 9.1 Contractor grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Contractor'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. Contractor 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. 9.2 "Contractor'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, Page 6 Rev. 4/1 K:IENGINEERING1RFQS\RFP NO. 2016-04 FACILITIES MULTIPLE AWARD CONTRACT (FMAC)19 AGENDA ITEM1MASTER AGREEMENT BARCOM FMAC FACILITIES MULTIPLE AWARD CONTRACT.DOCX 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. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Contractor's records only during City's regular business hours. Contractor agrees to allow City's designee access to all of Contractor's records, Contractor's facilities and Contractor's current or former employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Contractor also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Contractor shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X -- OTHER PROVISIONS 10.1 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement between City and Contractor 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 Contractor. 10.2 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. All legal proceedings must be filed, tried and cannot be removed from Nueces County, Texas. 10.3 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. 10.4 Independent Contractor. Contractor, it and all persons designated by it to provide services in connection with this Agreement or any Task Order Agreement executed pursuant to this Agreement, is and shall be deemed to be an independent contractor, responsible for its respective acts or omissions, and City shall in no way be responsible for Contractor's actions and neither party hereto will have authority to bind the other or to hold out to third parties that it has such authority. 10.5 Captions. The captions, titles and headings in this Agreement are merely for convenience of the parties and shall neither limit nor amplify the provisions of the Agreement itself. 10.6 Notices to be given by either party to the other relative to this Agreement shall be in writing. Both parties agree that any such notice shall be effective when personally delivered or deposited, postage paid, in the U.S. Mail addressed by certified mail, return receipt request, as follows: CITY: City of Corpus Christi Attn: Jeff Edmonds, Director of Engineering Services 1201 Leopard Street, 3rd Floor Corpus Christi, TX 78401 Fax: 361-826-3501 CC: City of Corpus Christi Page 7 Rev. 411 K:IENGINEERINGIRFOSIRFP NO 2016-04 FACILITIES MULTIPLE AWARD CONTRACT IFMACj19 AGENDA ITEMIMASTER AGREEMENT BARCOM FMAC FACILITIES MULTIPLE AWARD CONTRACT DOCX CONTRACTOR: Name: Elaine R. Hoffman Title: President Address: 5826 Bear Lane, Corpus Christi, TX 78405 Telephone: (361) 851-1000 Fax: Email: elaine@barcom.cc CITY OF CORPUS CHRISTI BARCOM CONSTRUCTION J. H. Edmonds, P. E., (Date) Director of Engineering Services APPROVED AS TO LEGAL FORM Assistant City Attorney (Date) forCity Attorney ATTEST Rebecca Huerta, City Secretary ea&u. ,Y 1 07/08116 Elaine R. Hoffman "`" (Date) President 5825 Bear Lane Corpus Christi, TX 78405 (361) 851-1000 Office Page 8 Rev. 411 KIENGINEERP G RFOSIRFP NO 2015-04 FACILITIES MULTIPLE AWARD CONTRACT (FMAC3IC FRAC MASTER AGREEMEHf5l2 FRAC MASTER AGREEMENT BARCOIIAOCX Facilities Multiple Award Contract (FMAC) for the Minor Construction, Repair, Rehabilitation, and Alteration of Facilities Attachments Available Upon Request Page 9 Rev. 4/1 K:IENGINEERINGIRFOSIRFP NO, 2016-04 FACILITIES MULTIPLE AWARD CONTRACT 1FMACj19 AGENDA ITEMMASTER AGREEMENT BARCOM - FMAC FACILITIES MULTIPLE AWARD CONTRACT.DOCX CITY OF CORPUS CHRISTI FACILITIES MULTIPLE AWARD CONTRACT MASTER AGREEMENT This Agreement is entered into on , 2016, between the City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or designee and Cruz Maintenance & Construction, Inc., a Texas Corporation, 3041 Cabaniss Road, Corpus Christi, Texas 78415 (Contractor). WHEREAS, Texas Government Code Chapter 2269, Subchapter I authorizes the City to contract for the maintenance, repair, alteration, renovation, remediation or minor construction of city -owned facilities when the work is of a recurring nature but the delivery times, type and quantities of work required are indefinite; WHEREAS, the City's Department of Engineering Services issued a Request for Proposals No. 2016-04 - Master Agreement for Facilities Multiple Award Contract (FMAC) for the Minor Construction, Repair, Rehabilitation and Alteration of Facilities to provide services on an on-call or as -needed basis, through individually priced task orders for the maintenance, repair, alteration, renovation, remediation or construction of facilities; and WHEREAS, Contractor submitted a proposal in response to the RFP (Proposal) and was selected for recommendation for award; and WHEREAS, the parties desire to enter into a Facilities Multiple Award Contract Master Agreement (Agreement) to set the terms and conditions the parties must follow; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: ARTICLE I — FACILITIES MULTIPLE AWARD CONTRACT PROGRAM 1.1 The City has awarded or will award one or more FMAC Master Agreements. 1.2 This Agreement consists of the following Contract Documents, which specify the terms and conditions that the parties agree to comply with throughout the term of the Agreement: 1.2.1 RFP No. 2016-04 and Addenda, 1.2.2 Contractor's Proposal, including all attachments and exhibits, submitted in response to RFP No. 2016-04 (Exhibit A), 1.2.3 this FMAC Master Agreement, including all attachments and exhibits 1.2.4 Specifications, forms and documents listed in SECTION 00 01 00 TABLE OF CONTENTS. 1.3 The parties agree to comply with the Agreement and any additional terms and conditions specified in the FMAC Task Orders issued hereunder. 1.4 This Agreement is a competitively awarded master agreement with an undefined State of Work (SOW). The work is of an indefinite quantity and a recurring nature, delivered on an on-call or as -needed basis, through individually priced FMAC Task Orders (Order). The Agreement may support a broad assortment of facilities construction work, including maintenance, repair, alteration, renovation, remediation or minor construction. Page 1 Rev. 4/1 KIENGINEERINGSRFOSIRFP NO 2016-04 FACILITIES MULTIPLE AWARD CONTRACT IFIAACy,1:r FMAC MASTER AGREEMENTS14 FMAC MASTER AGREEMENT CRUZ MAINTENANCE DOCX 1.5 This Agreement and any Task Order applies only to a facility that is a building, or a structure or land, whether improved or unimproved, that is associated with a building. The City currently owns approximately 1200 properties that require a variety of minor construction, repair, rehabilitation or alteration services, including but not limited to services for three areas: general, mechanical/electrical/plumbing (MEP) and roofing. 1.5.1 Minor construction may include a range of services from new office construction (as well as demolition) to completing a new floor plan, etc. 1.5.2 Repair is defined as work that involves the reparation of a broken system, component or sub- component of a building such as doors, electrical outlets, plumbing, flooring, sheetrock and/or air conditioning systems, etc. 1.5.3 Rehabilitation is defined as work that involves the restoration of an office, floor, system or component of a system in order to restore functionality. 1.5.4 Alteration is defined as work that involves extending a wall, upgrading lighting fixtures, installing a door where one did not exist, replacing flooring, etc. 1.6 Contractor must provide all labor, services, equipment, materials, tools, transportation, mobilization, insurance, subcontracts, bonds, supervision, management, reports, incidentals and quality control necessary to complete all services agreed to in a timely manner as required by the Contract Documents throughout the term of the Agreement. 1.7 Contractor's Project General Manager shall be knowledgeable in multiple disciplines, including electrical, mechanical, HVAC, paving, landscaping, painting, roofing and plumbing. 1.8 Contractor may be required to submit a Safety Plan to the City within 15 calendar days after Award of Agreement. The Safety Plan must address all aspects of the Contractor's safety procedures, including responsibility for OSHA compliance, drug testing, trend analysis, corrective action and interface with City inspectors. ARTICLE II — PERIOD OF SERVICE AND COMPENSATION 2.1 The base term of this Agreement is for two years with the option to administratively renew annually for not more than three additional years. 2.2 The maximum aggregate price for work during any one year of this Agreement's term is $2,000,000.00. 2.3 City shall pay Contractor in current funds for performance of each Order in accordance with both this Agreement and the Order as the work progresses. 2.4 This Agreement provides for no guaranteed minimum amount of Orders, no amount of work and no dollar amount. 2.5 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. Page 2 Rev. 4/1 KAENGINEERINGARFOSIRFP NO 2016-04 FACILITIES MULTIPLE AWARD CONTRACT (FMAC}110 FMAC MASTER AGREEMENTSW FMAC MASTER AGREEMENT CRUZ MAINTENANCE DOCX ARTICLE III - FMAC TASK ORDER 3.1 The Facilities Multiple Award Contract Task Order (Order) will be for a defined Statement of Work to be performed within a set time period. 3.2 With the exception of emergencies, each Order will be competitively procured by requesting sealed proposals from each FMAC Contractor. 3.2.1 The Request for Task Order Proposal (RFTOP) will specify the date and time that sealed proposals will be publicly opened. 3.2.2 The RFTOP will include evaluation criteria, including but not limited to, price, past performance, past experience with similar sites, knowledge and capability of personnel, capacity, safety and other factors that directly impact the quality of work to be delivered. 3.2.3 The City shall have the right to reject all proposals, cancel a proposed project or elect to perform work utilizing city personnel. The City shall not be responsible for payment or costs incurred by the Contractor for the preparation and submission of a Task Order Proposal regardless of project outcome. 3.3 Each FMAC Task Order Agreement will incorporate by reference this Agreement. Contractor must comply with the terms and conditions of this Agreement throughout the term of the Agreement and during the performance of each Order. 3.4 Contractor shall construct and complete the improvements according to the Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in the Contractor's Order Proposal and as provided under this Agreement and the Order Agreement. 3.5 Contractor 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. 3.6 Contractor shall provide performance and payment bonds if required by law based on the amount of the Order or if otherwise required by the City. At a minimum, the Contractor will be required to provide a payment bond on all Orders that exceed $50,000 and a performance bond on all Orders that exceed $100,000. 3.7 In the event that design services, construction drawings and/or plans are required, the City shall obtain these services from city resources or from a third -party consultant. The Contractor will not be permitted to contract with or hire consultants. 3.8 Contractor shall warrant that work performed conforms to the Task Order requirements and is free of any defect in equipment, material or design furnished or workmanship performed by the Contractor or any of its subcontractors or suppliers at any tier. All work provided by the Contractor shall be warranted for a minimum period of one year from the date of final acceptance of the Work. Equipment warranties shall be as required under the Statement of Work. ARTICLE IV — SCHEDULING OF WORK 4.1 The first day of performance shall be the effective date specified in the Task Order Agreement. Any preliminary work started, materials ordered or purchased prior to receipt of the City's Notice to Proceed shall be at the Contractor's risk and expense. Page 3 Rev. 411 KCIENGINEERINGIRFOSIRFP NO 2016-04 FACILITIES MULTIPLE AWARD CONTRACT (FMACA10 FMAC MASTER AGREEMENTSI4 FMAC MASTER AGREEMENT CRUZ MAINTENANCE DOCX 4.2 The Contractor shall meticulously prosecute the Work to completion within the time set forth in the Task Order. 4.3 The period of performance shall include allowance for mobilization, holidays, weekends, inclement weather, cleanup and project acceptance procedures. 4.4 When the Contractor considers the Work to be complete and ready for its intended use, Contractor shall notify the Director of Engineering Services or designee. The City shall inspect the Work to determine the status for completion. The Contractor shall promptly proceed to complete or correct listed items. 4.5 Contractor shall ensure that the purchase, delivery and storage of materials and equipment shall be made without interference to the City operations and personnel. 4.6 Contractor shall be responsible for removing furniture and/or portable office equipment from the immediate work area as well as replacing to its original location upon work completion. In the event that said items cannot be replaced within its original location, the City shall designate alternate location(s) for placement. 4.7 Contractor shall take all necessary precautions to ensure that no damage shall result from operations to private or public property. All damages must be repaired or replaced by the Contractor at no additional cost to the City. 4.8 Contractor shall be responsible for providing all necessary traffic control, to include but is not limited to, street blockages, traffic cones, flagmen, etc. as required for each Task Order. Proposed traffic control methods must be submitted to the City for approval prior to commencement of work. 4.9 Contractor shall be responsible for obtaining all required permits applicable to performance under any single order placed against this contract. The City shall be responsible for the cost of any and all City permits. ARTICLE V — "GREEN BUILDING" PROGRAM 5.1 In an effort to conserve resources, as well as, preserve our environment, the City is in the process of developing a program to support a "Green Building" policy for all new city -owned and funded facilities. A "green building," also known as a high performance building, shall include a structure or facility that is designed, built, renovated and operated in a resource -efficient and healthful manner. Green buildings are designed to meet certain objectives such as: conserve energy and water, use renewable, recyclable or reclaimed materials, protect occupant health, optimize use of local and regional resources, and reduce the overall impact of that new structure to the environment. The program initiatives for a "Green Building" policy may include the following: 5.1.1 All new buildings and major renovations constructed by the City of Corpus Christi or its contractors and funded directly by the City of Corpus Christi shall be designed and constructed with economical and technically feasible green building components. 5.1.2 The City of Corpus Christi shall focus this green building policy in an effort to meet the requirements of the Texas Emissions Reduction Plan, specifically Chapter 388 of the Texas Health and Safety Code. Section 388.005 states that certain political subdivisions should: (a) implement all cost effective "energy efficiency measures" in order to reduce electric consumption by the existing facilities, (b) establish a goal to reduce electric consumption by its Page 4 Rev. 4/1 KIENGINEERINGIRFOSIRFP NO 201E-04 FACILITIES MULTIPLE AWARD CONTRACT {FMACj110 FMAC MASTER AGREEMENTSW FMAC MASTER AGREEMENT CRUZ MAINTENANCE.DOCX facilities of five percent each year for five years, and (c) annually report to State Energy Conservation Office (SEC) its efforts and progress in reduction of electricity. 5.1.3 City staff will develop a green building program for the city facilities targeted in this policy. This green building program will describe the standards of the green building components, including standards for energy efficiency, renewable materials, water conservation, air flow and site location. This program shall also describe the target buildings, exemptions and methods to achieve the goals of this policy. The development of this plan will include an evaluation of the AIA "2020 Challenge," the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED), and the Environmental Protection Agency's Energy Star Program. Feasible components of these programs will be incorporated into this plan. A review of the accomplishments made under this plan shall be reported to City Council annually. 5.1.4 All maintenance practices performed by the City of Corpus Christi shall incorporate energy efficiency and green building practices. ARTICLE VI — INDEMNIFICATION CONTRACTOR covenants and agrees to FULLY INDEMNIFY and HOLD HARMLESS the CITY and the elected officials, employees, officers, directors and representatives of the CITY, individually or collectively, from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including but not limited to, personal or bodily injury, death andlor property damage made upon the CITY, directly or indirectly arising out of, resulting from or related to CONTRACTOR'S activities under this CONTRACT, including any acts or omissions of CONTRACTOR and/or CONTRACTOR'S agent, officer, director, representative, employee, consultant or subcontractor while in the exercise of performance of the rights or duties under this CONTRACT, all without, however, waiving any governmental immunity available to the CITY under Texas Law and without waiving any defenses of the parties under Texas Law. IT IS FURTHER COVENANTED AND AGREED THAT SUCH INDEMNITY SHALL APPLY EVEN WHERE SUCH COSTS, CLAIMS, LIENS, DAMAGES, LOSSES, EXPENSES, FEES, FINES, PENALTIES, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND/OR SUITS ARISE IN ANY PART FROM THE NEGLIGENCE OF CITY, THE ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS AND REPRESENTATIVES OF CITY, UNDER THIS CONTRACT. The provisions of this INDEMNITY are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. It is the EXPRESS INTENT of the parties to this CONTRACT that the INDEMNITY provided for in this section is an INDEMNITY extended by CONTRACTOR to INDEMNIFY, PROTECT and HOLD HARMLESS the CITY from the consequences of the CITY'S OWN NEGLIGENCE, provided however, that the INDEMNITY provided for in this section SHALL APPLY only when the NEGLIGENT ACT of the City is a CONTRIBUTORY CAUSE of the resultant injury, death or damage and shall have no application when the negligent act of the CITY is the sole cause of the resultant injury, death or damage. CONTRACTOR further AGREES TO DEFEND, AT ITS OWN EXPENSE and ON BEHALF OF THE CITY AND IN THE NAME OF THE CITY AND WITH COUNSEL ACCEPTABLE TO THE CITY, any claim or litigation brought against the CITY and its elected officials, employees, officers, directors, volunteers and representatives, in Page 5 Rev. 4/1 KIENGINEERINGIRFOSIRFP NO 2016-04 FACILITIES MULTIPLE AWARD CONTRACT (FMACJN0 FMAC MASTER AGREEMENTSW FMAC MASTER AGREEMENT CRUZ MAINTENANCE DOCX connection with any such injury, death or damage for which this INDEMNITY shall apply, as set forth above. CONTRACTOR shall advise the CITY in writing, within 24 hours, of any claim or demand against the CITY or CONTRACTOR, known to CONTRACTOR, related to or arising out of activities under this CONTRACT and shall see to the investigation and defense of such claim or demand at CONTRACTOR'S cost. The CITY shall have the right, at its option and at its own expense, to participate in such defense without relieving CONTRACTOR of any of its obligations u nder this paragraph. ARTICLE VII - INSURANCE REQUIREMENTS 7.1 Texas law requires that contractors, subcontractors and others must be covered under Workers' Compensation insurance, authorized self-insurance or a workers' compensation coverage agreement. Throughout this Agreement, such coverage must be provided. Contractor shall comply with the Insurance Requirements for Workers' Compensation Coverage as described and shown in the Notice to Contractors, attached as Exhibit B. 7.2 Contractor shall comply with the Insurance Requirements as described and shown in Exhibit B. ARTICLE VIII - TERMINATION OF AGREEMENT 8.1 The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to the Contractor at the address of record. 8.2 In this event, the Contractor will be compensated for its services on all work completed and accepted by the City at the time of termination. ARTICLE IX — RIGHT OF REVIEW AND AUDIT 9.1 Contractor grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Contractor'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. Contractor 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. 9.2 "Contractor'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 sheetsdocuments, 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. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Contractor's records only during City's regular business hours. Contractor agrees to allow City's designee access to all of Contractor's records, Page 6 Rev. 411 KIENGINEERINGLRFOSIRFP NO. 2016-04 FACILITIES MULTIPLE AWARD CONTRACT (FMAC»110 FMAC MASTER AGREEMENTS 4 FMAC MASTER AGREEMENT CRUZ MAINTENANCE DOCX Contractor's facilities and Contractor's current or former employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Contractor also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Contractor shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X — OTHER PROVISIONS 10.1 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement between City and Contractor 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 Contractor. 10.2 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. All legal proceedings must be filed, tried and cannot be removed from Nueces County, Texas. 10.3 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. 10.4 Independent Contractor. Contractor, it and all persons designated by it to provide services in connection with this Agreement or any Task Order Agreement executed pursuant to this Agreement, is and shall be deemed to be an independent contractor, responsible for its respective acts or omissions, and City shall in no way be responsible for Contractor's actions and neither party hereto will have authority to bind the other or to hold out to third parties that it has such authority. 10.5 Captions. The captions, titles and headings in this Agreement are merely for convenience of the parties and shall neither limit nor amplify the provisions of the Agreement itself. 10.6 Notices to be given by either party to the other relative to this Agreement shall be in writing. Both parties agree that any such notice shall be effective when personally delivered or deposited, postage paid, in the U.S. Mail addressed by certified mail, return receipt request, as follows: CITY: City of Corpus Christi Attn: Jeff Edmonds, Director of Engineering Services 1201 Leopard Street, 3rd Floor Corpus Christi, TX 78401 Fax: 361-826-3501 CC: City of Corpus Christi Attn: Veronica Ocanas, Assistant City Attorney 1201 Leopard Street, 5u' Floor Corpus Christi, TX 78401 Fax: 361-826-3239 Page 7 Rev. 4/1 KIENGINEERINGIRFOSIRFP NO 2016-04 FACILITIES MULTIPLE AWARD CONTRACT (FMAC}I10 FMAC MASTER AGREEMENTSW FMAC MASTER AGREEMENT CRUZ MAINTENANCE DOCX CONTRACTOR: Name: Christopher Cruz Title: President Address: 3041 Cabaniss Road, Corpus Christi, TX 78415 Telephone: (361) 851-2002 Fax: Email: ccruz©cruzcmc.com CITY OF CORPUS CHRISTI CR I AINTENANCE & CONSTRUCTION, INC. J. H. Edmonds, P. E., (Date) Christopher Cruz (• ate) Director of Engineering Services President 3041 Cabaniss Road Corpus Christi, TX 78415 APPROVED AS TO LEGAL FORM (361) 851-2002 Office Assistant City Attorney _ (Date) for City Attorney ATTEST Rebecca Huerta, City Secretary 1.. Page 6 Rev. 4/1 K IENGINEERI G1RFCSIRFP NO. 2015.04 FACILITIES MULTIPLE AWARD CONTRACT (FWIC}110 FMAC MASTER AGREEMENTS% FMAC MASTER AGREEMENT CRUZ MA NTENANCE.DOCX Facilities Multiple Award Contract (FMAC) for the Minor Construction, Repair, Rehabilitation, and Alteration of Facilities Attachments Available Upon Request CITY OF CORPUS CHRISTI FACILITIES MULTIPLE AWARD CONTRACT MASTER AGREEMENT This Agreement is entered into on , 2016, between the City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or designee and J E Construction Services, 11309 Leopard Street, Suite E, Corpus Christi, Texas 78410 (Contractor). WHEREAS, Texas Government Code Chapter 2269, Subchapter I authorizes the City to contract for the maintenance, repair, alteration, renovation, remediation or minor construction of city -owned facilities when the work is of a recurring nature but the delivery times, type and quantities of work required are indefinite; WHEREAS, the City's Department of Engineering Services issued a Request for Proposals No. 2016-04 - Master Agreement for Facilities Multiple Award Contract (FMAC) for the Minor Construction, Repair, Rehabilitation and Alteration of Facilities to provide services on an on-call or as -needed basis, through individually priced task orders for the maintenance, repair, alteration, renovation, remediation or construction of facilities; and WHEREAS, Contractor submitted a proposal in response to the RFP (Proposal) and was selected for recommendation for award; and WHEREAS, the parties desire to enter into a Facilities Multiple Award Contract Master Agreement (Agreement) to set the terms and conditions the parties must follow; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: ARTICLE I -- FACILITIES MULTIPLE AWARD CONTRACT PROGRAM 1.1 The City has awarded or will award one or more FMAC Master Agreements. 1.2 This Agreement consists of the following Contract Documents, which specify the terms and conditions that the parties agree to comply with throughout the term of the Agreement: 1.2.1 RFP No. 2016-04 and Addenda, 1.2.2 Contractor's Proposal, including all attachments and exhibits, submitted in response to RFP No. 2016-04 (Exhibit A), 1.2.3 this FMAC Master Agreement, including all attachments and exhibits 1.2.4 Specifications, forms and documents listed in SECTION 00 01 00 TABLE OF CONTENTS. 1.3 The parties agree to comply with the Agreement and any additional terms and conditions specified in the FMAC Task Orders issued hereunder. 1.4 This Agreement is a competitively awarded master agreement with an undefined State of Work (SOW). The work is of an indefinite quantity and a recurring nature, delivered on an on-call or as -needed basis, through individually priced FMAC Task Orders (Order). The Agreement may support a broad assortment of facilities construction work, including maintenance, repair, Page 1 Rev. 4/1 KIENGINEERING1RFOS5RFP NO 2016-04 FACILITIES MULTIPLE AWARD CONTRACT (FMAC)110 FMAC MASTER AGREEMENTSI3 FMAC MASTER AGREEMENT J E CONSTRUCTION DOCX alteration, renovation, remediation or minor construction. 1.5 This Agreement and any Task Order applies only to a facility that is a building, or a structure or land, whether improved or unimproved, that is associated with a building. The City currently owns approximately 1200 properties that require a variety of minor construction, repair, rehabilitation or alteration services, including but not limited to services for three areas: general, mechanical/electrical/plumbing (MEP) and roofing. 1.5.1 Minor construction may include a range of services from new office construction (as well as demolition) to completing a new floor plan, etc. 1.5.2 Repair is defined as work that involves the reparation of a broken system, component or sub -component of a building such as doors, electrical outlets, plumbing, flooring, sheetrock and/or air conditioning systems, etc. 1.5.3 Rehabilitation is defined as work that involves the restoration of an office, floor, system or component of a system in order to restore functionality. 1.5.4 Alteration is defined as work that involves extending a wall, upgrading lighting fixtures, installing a door where one did not exist, replacing flooring, etc. 1.6 Contractor must provide all labor, services, equipment, materials, tools, transportation, mobilization, insurance, subcontracts, bonds, supervision, management, reports, incidentals and quality control necessary to complete all services agreed to in a timely manner as required by the Contract Documents throughout the term of the Agreement. 1.7 Contractor's Project General Manager shall be knowledgeable in multiple disciplines, including electrical, mechanical, HVAC, paving, landscaping, painting, roofing and plumbing. 1.8 Contractor may be required to submit a Safety Plan to the City within 15 calendar days after Award of Agreement. The Safety Plan must address all aspects of the Contractor's safety procedures. including responsibility for OSHA compliance, drug testing, trend analysis, corrective action and interface with City inspectors. ARTICLE II — PERIOD OF SERVICE AND COMPENSATION 2.1 The base term of this Agreement is for two years with the option to administratively renew annually for not more than three additional years. 2.2 The maximum aggregate price for work during any one year of this Agreement's term is $2,000,000.00. 2.3 City shall pay Contractor in current funds for performance of each Order in accordance with both this Agreement and the Order as the work progresses. 2.4 This Agreement provides for no guaranteed minimum amount of Orders, no amount of work and no dollar amount. 2.5 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. Page 2 Rev. 4/1 KIENGINEERINGIRFOSIRFP NO 2016-04 FACILITIES MULTIPLE AWARD CONTRACT (FMACj110 FMAC MASTER AGREEMENTS53 FMAC MASTER AGREEMENT J E CONSTRUCTION, DOCX ARTICLE III - FMAC TASK ORDER 3.1 The Facilities Multiple Award Contract Task Order (Order) will be for a defined Statement of Work to be performed within a set time period. 3.2 With the exception of emergencies, each Order will be competitively procured by requesting sealed proposals from each FMAC Contractor. 3.2.1 The Request for Task Order Proposal (RFTOP) will specify the date and time that sealed proposals will be publicly opened. 3.2.2 The RFTOP will include evaluation criteria, including but not limited to, price, past performance, past experience with similar sites, knowledge and capability of personnel, capacity, safety and other factors that directly impact the quality of work to be delivered. 3.2.3 The City shall have the right to reject all proposals, cancel a proposed project or elect to perform work utilizing city personnel. The City shall not be responsible for payment or costs incurred by the Contractor for the preparation and submission of a Task Order Proposal regardless of project outcome. 3.3 Each FMAC Task Order Agreement will incorporate by reference this Agreement. Contractor must comply with the terms and conditions of this Agreement throughout the term of the Agreement and during the performance of each Order. 3.4 Contractor shall construct and complete the improvements according to the Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in the Contractor's Order Proposal and as provided under this Agreement and the Order Agreement. 3.5 Contractor 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. 3.6 Contractor shall provide performance and payment bonds if required by law based on the amount of the Order or if otherwise required by the City. At a minimum, the Contractor will be required to provide a payment bond on all Orders that exceed $50,000 and a performance bond on all Orders that exceed $100,000. 3.7 In the event that design services, construction drawings and/or plans are required, the City shall obtain these services from city resources or from a third -party consultant. The Contractor will not be permitted to contract with or hire consultants. 3.8 Contractor shall warrant that work performed conforms to the Task Order requirements and is free of any defect in equipment, material or design furnished or workmanship performed by the Contractor or any of its subcontractors or suppliers at any tier All work provided by the Contractor shall be warranted for a minimum period of one year from the date of final acceptance of the Work. Equipment warranties shall be as required under the Statement of Work. ARTICLE IV — SCHEDULING OF WORK 4.1 The first day of performance shall be the effective date specified in the Task Order Agreement. Any preliminary work started, materials ordered or purchased prior to receipt of the City's Notice to Proceed shall be at the Contractor's risk and expense. Page 3 Rev. 4/1 K ENGINEERINGIRFOSIRFP NO. 2016-04 FACILITIES MULTIPLE AWARD CONTRACT (FMAD)110 FMAC MASTER AGREEMENTSI3 FMAC MASTER AGREEMENT .1 E CL' NSTRUCTION.DOCX 4.2 The Contractor shall meticulously prosecute the Work to completion within the time set forth in the Task Order. 4.3 The period of performance shall include allowance for mobilization, holidays, weekends, inclement weather, cleanup and project acceptance procedures. 4.4 When the Contractor considers the Work to be complete and ready for its intended use, Contractor shall notify the Director of Engineering Services or designee. The City shall inspect the Work to determine the status for completion. The Contractor shall promptly proceed to complete or correct listed items. 4.5 Contractor shall ensure that the purchase, delivery and storage of materials and equipment shall be made without interference to the City operations and personnel. 4.6 Contractor shall be responsible for removing furniture and/or portable office equipment from the immediate work area as well as replacing to its original location upon work completion. In the event that said items cannot be replaced within its original location, the City shall designate alternate location(s) for placement. 4.7 Contractor shall take all necessary precautions to ensure that no damage shall result from operations to private or public property. All damages must be repaired or replaced by the Contractor at no additional cost to the City. 4.8 Contractor shall be responsible for providing all necessary traffic control, to include but is not limited to, street blockages, traffic cones, flagmen, etc. as required for each Task Order. Proposed traffic control methods must be submitted to the City for approval prior to commencement of work. 4.9 Contractor shall be responsible for obtaining all required permits applicable to performance under any single order placed against this contract. The City shall be responsible for the cost of any and all City permits. ARTICLE V — "GREEN BUILDING' PROGRAM 5.1 In an effort to conserve resources, as well as, preserve our environment, the City is in the process of developing a program to support a "Green Building" policy for all new city -owned and funded facilities. A "green building,' also known as a high performance building, shall include a structure or facility that is designed, built, renovated and operated in a resource -efficient and healthful manner. Green buildings are designed to meet certain objectives such as: conserve energy and water, use renewable, recyclable or reclaimed materials, protect occupant health, optimize use of local and regional resources. and reduce the overall impact of that new structure to the environment. The program initiatives for a "Green Building' policy may include the following: 5.1 .1 All new buildings and major renovations constructed by the City of Corpus Christi or its contractors and funded directly by the City of Corpus Christi shall be designed and constructed with economical and technically feasible green building components. 5.1.2 The City of Corpus Christi shall focus this green building policy in an effort to meet the requirements of the Texas Emissions Reduction Plan, specifically Chapter 388 of the Texas Health and Safety Code. Section 388.005 states that certain political subdivisions Page 4 Rev. 4/1 ISiENGINEERINGIRFOSIRFP NO 2016.04 FACILITIES MULTIPLE AWARD CONTRACT (FMAC►110 FMAC MASTER AGREEMENTSI3 FMAC MASTER AGREEMENT J E CCNSTRUCTION DOCX should: (a) implement all cost effective "energy efficiency measures" in order to reduce electric consumption by the existing facilities, (b) establish a goal to reduce electric consumption by its facilities of five percent each year for five years, and (c) annually report to State Energy Conservation Office (SEC) its efforts and progress in reduction of electricity. 5.1.3 City staff will develop a green building program for the city facilities targeted in this policy. This green building program will describe the standards of the green building components, including standards for energy efficiency, renewable materials, water conservation, air flow and site location. This program shall also describe the target buildings, exemptions and methods to achieve the goals of this policy. The development of this plan will include an evaluation of the AIA '2020 Challenge," the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED), and the Environmental Protection Agency's Energy Star Program. Feasible components of these programs will be incorporated into this plan. A review of the accomplishments made under this plan shall be reported to City Council annually. 5.1.4 All maintenance practices performed by the City of Corpus Christi shall incorporate energy efficiency and green building practices. ARTICLE VI — INDEMNIFICATION CONTRACTOR covenants and agrees to FULLY INDEMNIFY and HOLD HARMLESS the CITY and the elected officials, employees, officers, directors and representatives of the CITY, individually or collectively, from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including but not limited to, personal or bodily injury, death and/or property damage made upon the CITY, directly or indirectly arising out of, resulting from or related to CONTRACTOR'S activities under this CONTRACT, including any acts or omissions of CONTRACTOR and/or CONTRACTOR'S agent, officer, director, representative, employee, consultant or subcontractor while in the exercise of performance of the rights or duties under this CONTRACT, all without, however, waiving any governmental immunity available to the CITY under Texas Law and without waiving any defenses of the parties under Texas Law. IT IS FURTHER COVENANTED AND AGREED THAT SUCH INDEMNITY SHALL APPLY EVEN WHERE SUCH COSTS, CLAIMS, LIENS, DAMAGES, LOSSES, EXPENSES, FEES, FINES, PENALTIES, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND/OR SUITS ARISE IN ANY PART FROM THE NEGLIGENCE OF CITY, THE ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS AND REPRESENTATIVES OF CITY, UNDER THIS CONTRACT. The provisions of this INDEMNITY are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. It is the EXPRESS INTENT of the parties to this CONTRACT that the INDEMNITY provided for in this section is an INDEMNITY extended by CONTRACTOR to INDEMNIFY, PROTECT and HOLD HARMLESS the CITY from the consequences of the CITY'S OWN NEGLIGENCE, provided however, that the INDEMNITY provided for in this section SHALL APPLY only when the NEGLIGENT ACT of the City is a CONTRIBUTORY CAUSE of the Page 5 Rev. 4/1 K,IENGINEERINGIRFQSIRFP NO 2016-04 FACILITIES MULTIPLE AWARD CONTRACT (FMAC)ISO FMAC MASTER AGREEMENTS53 FMAC MASTER AGREEMENT J E CONSTRUCTION.DOCX resultant injury, death or damage and shall have no application when the negligent act of the CITY is the sole cause of the resultant injury, death or damage. CONTRACTOR further AGREES TO DEFEND, AT ITS OWN EXPENSE and ON BEHALF OF THE CITY AND IN THE NAME OF THE CITY AND WITH COUNSEL ACCEPTABLE TO THE CITY, any claim or litigation brought against the CITY and its elected officials, employees, officers, directors, volunteers and representatives, in connection with any such injury, death or damage for which this INDEMNITY shall apply, as set forth above. CONTRACTOR shall advise the CITY in writing, within 24 hours, of any claim or demand against the CITY or CONTRACTOR, known to CONTRACTOR, related to or arising out of activities under this CONTRACT and shall see to the investigation and defense of such claim or demand at CONTRACTOR'S cost. The CITY shall have the right, at its option and at its own expense, to participate in such defense without relieving CONTRACTOR of any of its obligations under this paragraph. ARTICLE VII - INSURANCE REQUIREMENTS 7.1 Texas law requires that contractors, subcontractors and others must be covered under Workers' Compensation insurance, authorized self-insurance or a workers' compensation coverage agreement. Throughout this Agreement, such coverage must be provided. Contractor shall comply with the Insurance Requirements for Workers' Compensation Coverage as described and shown in the Notice to Contractors, attached as Exhibit B. 7.2 Contractor shall comply with the Insurance Requirements as described and shown in Exhibit B. ARTICLE VIII - TERMINATION OF AGREEMENT 8.1 The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to the Contractor at the address of record. 8.2 In this event, the Contractor will be compensated for its services on all work completed and accepted by the City at the time of termination. ARTICLE IX — RIGHT OF REVIEW AND AUDIT 9.1 Contractor grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Contractor'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. Contractor 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. 9.2 "Contractor'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, Page 6 Rev. 4/1 KAENGINEERINGIRFOSIRFP NO 2016.04 FACILITIES MULTIPLE AWARD CONTRACT (FMACjl10 FMAC MASTER AGREEMENTS'3 FMAC MASTER AGREEMENT J E CONSTRUCTION DOCX 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. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Contractor's records only during City's regular business hours. Contractor agrees to allow City's designee access to all of Contractor's records, Contractor's facilities and Contractor's current or former employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Contractor also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Contractor shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X — OTHER PROVISIONS 10.1 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement between City and Contractor 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 Contractor. 10.2 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. All legal proceedings must be filed, tried and cannot be removed from Nueces County, Texas. 10.3 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. 10.4 Independent Contractor. Contractor, it and all persons designated by it to provide services in connection with this Agreement or any Task Order Agreement executed pursuant to this Agreement, is and shall be deemed to be an independent contractor, responsible for its respective acts or omissions, and City shall in no way be responsible for Contractor's actions and neither party hereto will have authority to bind the other or to hold out to third parties that it has such authority. 10.5 Captions. The captions, titles and headings in this Agreement are merely for convenience of the parties and shall neither limit nor amplify the provisions of the Agreement itself. 10.6 Notices to be given by either party to the other relative to this Agreement shall be in writing. Both parties agree that any such notice shall be effective when personally delivered or deposited, postage paid, in the U.S. Mail addressed by certified mail, return receipt request, as follows: CITY: City of Corpus Christi Attn: Jeff Edmonds, Director of Engineering Services 1201 Leopard Street, 3b Floor Corpus Christi, TX 78401 Fax: 361-826-3501 CC: City of Corpus Christi Page 7 Rev. 411 K:IENGINEERINGIRFQSIRFP NO 2016-04 FACILITIES MULTIPLE AWARD CONTRACT (FMACA10 FMAC MASTER AGREEMENTSY3 FMAC MASTER AGREEMENT .1 E CONSTRUCTION. DOCX Attn: Veronlcs Ocanes, Assistant City Attomey 1201 Leopard Street, 5n' Floor Corpus Christi, TX 78401 Fax 361-826-3239 CONTRACTOR Name: Grant Dletze Title: Vice President Address: 11309 Leopard Street, Suite E Telephone: (361) 933-0501 Fax Email: grant{Jecs.cc CITY OF CORPUS CHRISTI J E CONSTRUCTION SERVICES J. H. Edmonds, P. E.,(Osla) (Date) Director of Engineering Services Vice President 11309 Leopard Street, Suite E Corpus Christi, TX 78410 APPROVED AS TO LEGAL FORM (381) 933-0501 Office Assistant City Attorney (Date) for City Attorney ATTEST Rebecca Huerta, City Secretary Pap 8 Rev. 41t NO 201144FACRtTIe3110ILTI ANMAOCONTRACTIF1UCw10FLOCMASTER/0021I101130F11ACMASTENAG BITJ! CO STRUCMNZOC11 Facilities Multiple Award Contract (FMAC) for the Minor Construction, Repair, Rehabilitation, and Alteration of Facilities Attachments Available Upon Request Carpus Chr sti Engineering Facilities Multiple Award Contract (FMAC) for the Minor Construction, Repair, Rehabilitation, and Alteration of Facilities Council Presentation July 19, 2016 Facilities Multiple Award Contract Corpus Chr sti Engineering FMAC Program replaces the previous Job Order Contract program and follows the same provisions of the Texas Government Code. • The new process will invite the pre -qualified contractors to submit competitive bids for each job. • Multi-year program with one-year base term with option to renew administratively for up to two one-year periods. • Projects under $500,000 will be executed administratively with a maximum aggregate of $2,000,000 to any one contractor per year. 2 Facilities Multiple Award Contract Corpus Chr sti Engineering Seven (7) contractors submitted Proposals with the following four (4) recommended after evaluations: ✓ Spaw Glass ✓ Barcom Construction ✓ Cruz Maintenance & Construction, Inc. ✓ J E Construction Services (Alternate Contractor) Selection Criteria • Experience and Qualifications (20%) • Technical Approach, Quality Control, Safety Plans (20%) • Past Performance (30%) • Price Factor (proposed coefficients) (30%) 3 Corpus Chrsti Engineering Questions? 4 Forms provided by Texas Ethics Commission www.ethics.state.tx us Version V1.0.1021 RFP No. 2016-04 Facility Multiple Award Contract (FMACI For the Minor Construction, Repair, Rehabilitation, and Alteration of Facilities CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1 - 4 and 6 if Mere are Interested parties Complete Nos. 1. 2, 3, 5, and 6 6 there are no Interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number. 2016-58907 Date Filed: 05119/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, stale and country of the business entity's place of business. SpawGlass Contractors, Inc. Harlingen, TX United States 2 Name of governmental entity or state agency rut a a party to the contract for which the form is being filet City of Corpus Christi 3 Provide the Identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. RFP No. 2016-04 General Contracting Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there Is NO Interested Party. El 6 AFFIDAVIT AFFIX Swam 20 l swear, or affirm, under penalty of perjury, that the above disclosure i5 true and correct. `.jai STEPHANIE DIXON `: My Notary ID 9124953247 a Expires June 10, 2020 i 1.•:"s''-""`°t seal of office. this the ] 4th day of liar NOTARY STAMP I SEAT. ABOVE to and subscribed before me, by the said 16 , to certify which, witness my hand and ., r+. Sip ' ure of officer acerdnistering i Printed name (drifter administering oath rine of officer admkislering oath Forms provided by Texas Ethics Commission www.ethics.state.tx us Version V1.0.1021 RFP No. 2016-04 Facility Multiple Award Contract (FMACI For the Minor Construction, Repair, Rehabilitation, and Alteration of Facilities CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Barcom Construction, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-78977 Date Filed: 06/30/2016 Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 2016-04 Construction Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. 0 6 AFFIDAVIT AFFIX NOTARY STAMP / SEAL ABOVE I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. LNlL Signature of authoriz Sworn t9 and subscribed before me, by the said flit -"i? F-b�� ,iytC( h 20 ! (' , to certify which, witness my hand and seal of office. Signature of officer administering oath &,do•- Printed name of officer administering oath nt of contracting business entity , this the day of Title of officer:administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 • Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-79626 Date Filed: 07/05/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Cruz Maintenance & Construction, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. RFP No. 2016-04 General Contracting Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary Cruz, Christopher Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFI r • • e• • REBECCA BENAVIDEZ ..•��Notary Public, State of Texas t My Commission Expires � I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. r 1 June 03, 2017 '.. Sig" nature of authorized age f contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE �'t j� 1 (� Sworn to and subscribed before me, by the said l �1{ cIS\ Q `., ice C- . , this the `}-A day of 20 1 to , to certify which, witness my hand and seal of office. �/ / or `/✓/ddd4 [rot_ 1 F 4 l► 4 IIT/, 1 C £ fUf — ignature of office =ministering oath Printed name of officer administering oath tie of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 19, 2016 Action Item for the City Council Meeting of July 26, 2016 DATE: July 19, 2016 TO: Margie C. Rose, City Manager FROM: Edgar Leonard, Interim Director of Facilities and Property Management EdgarL(c�cctexas.com (361) 826-3567 Maria Pedraza, Procurement Manager mariape(c�cctexas.com (361) 826-3176 Service Agreement for Greenwood Senior Center Roof Repair CAPTION: Motion authorizing the City Manager, or designee, to execute a service agreement with South Texas Metal Roofing of Corpus Christi, Texas, for the roof repair of Greenwood Senior Center, in accordance with Bid Event No. 120, based on lowest, responsive and responsible bid for an amount not to exceed $184,250.00 and an additional 10% project contingency in the amount of $18,425 for unforeseen repairs. Funds have been budgeted through a Certificate of Obligation in FY 2015-2016. PURPOSE: The purpose of this Agenda Item is to execute a contract with South Texas Metal Roofing for the Greenwood Senior Center Roof Repair. BACKGROUND AND FINDINGS: The Greenwood Senior Center, approximately 8,250 square feet is located just southwest of downtown Corpus Christi next to the Health Clinic and Ben F. McDonald Public Library. It was originally built in the 1970's, so with this roof repair it should extend the life of the roof. 155 vendors were notified of this bid event via the City's Supplier Portal, of which only one bid submittal was received. City Council on July 07, 2015, approved a Five -Year Facilities Recapitalization Work Plan investment to be funded through an annual $2M Certificate Obligation. Year 1(FY14-15) of the Five -Year Facilities Recapitalization Work Plan is being executed. The Year 1 list of projects includes roof repairs and other major improvements to the Northwest, Lindale, and Greenwood Senior Centers, along with City Hall skylight repairs. Attached is a summary of to date budget expenditures and planned expenditures. Any remaining funds will be repurposed for facility improvements to other senior centers. ALTERNATIVES: Not approve the project and continue to mitigate the roof leaks. OTHER CONSIDERATIONS: Roof leaks are an ongoing issue. Several areas of the facility have interior damage to the walls and ceiling. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures along with the State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Facilities and Property Management FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,000,000.00 $0 $2,000,000.00 Encumbered / Expended Amount $327,218.00 $0 $327,218.00 This item $184,250.00 $0 $184,250.00 BALANCE $1,488,532.00 $0 $1,488,532.00 Fund(s): Certificate of Obligation Comments: Certificate of Obligation utilized to fund comprehensive Facilities Improvement. The above Financial Impart Table does not include a 10% Project contingency in the amount of $18,425 identified for unforeseen repairs, calculated as follows: $184,250 Total Cost of repair $18,425 10% Contingency $202,675 Total not to exceed project cost RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement Expenditure Surrlmar} Facilities & Property Managemet Fund 5115 Year 1 of 5 -Year Facilities Recapitali2ation Work Plan - $001(0 Certificates of Obligation - Series 2M5 Bond Issuance Costs & Agent Fees Net Proceeds Available for Improvements 2,00,6'30 $ 64,244.50 1,935, 755.58 LOCATION WORK DESCRIPTION COST REMARKS City Hall R.epalrSky ight $ 224,691 Other Ault incident to leak needed Sub -total: $ 224,691 Greenwood Senior Center Repair Roof $ 229;472 Repair Foundation - Est. Cost $ 156,450 Perform Field Assessments & Gen. Gonstr. Improv. $ 50,&83 Perform Engineering Design & Structure? Services $ 21,900 Install Vinyl Flooring -Est. Cost $ 12,600 Replace Ceiling Tale -'Fsta Cost $ 8,684 Sub -total $ 479,389 Lindale Senior Center Repair Roof $ 175;315 Perform Field Assessments & Gen. Constr. Improv. $ 93,845 Install 12.5 & 4 Ton HVAC Units $ 36;465 Paint & Repair Kitchen $ 23,018 Install Vinyl Flooring - Est_ Cost $ 12,630 Replace Ceiling Tile - Est. Cost $ 8,584 Sub-tatai $ 346,327 North West Senior Center Repair Roof $ 56,124 Perform Field Assessments & Gen. Cflnstr. Improv. $ 27,175 Repair Farting Lot Signs & Stripe $ 21,130 Paint Facility- Interaar & Exterior $ 12,304 Sub -total $ 116,732 Total Facility Impry Expenditures to Date: $ 1,167 138 Remaining Balance: $ 768,617 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: DOMINGO VALDEZ BID TABULATION BID EVENT NO. 120 GREENWOOD SENIOR CENTER ROOF REPAIR Recorded by: Jamye Clark South Texas Metal Roofing Corpus Christi, Texas ITEM DESCRIPTION QTY. UNIT UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 1.00 2.00 Base Bid Allowance 1 1 LS LS $179,250.00 $5,000.00 $179,250.00 $5,000.00 TOTAL AWARD: $184 250.00 Service Agreement Agreement No. 748 GREENWOOD SENIOR CENTER ROOF REPAIR THIS Greenwood Senior Center Roof Repair ("Agreement") is entered into by and between South Texas Metal Roofing ("Contractor"), Corpus Christi, TX and the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), effective for all purposes upon execution by the City Manager or designee ("City Manager"). WHEREAS, Contractor has bid to provide Greenwood Senior Center Roof Repair in response to the City's Request for Bids ("RFB No. 120") which RFB No. 120 with any related specifications, and bid response, are incorporated by reference into this Agreement as Exhibits "1 and 2"; WHEREAS, the City has determined Contractor to be the lowest, responsive, responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Scope. Contractor will provide Greenwood Senior Center Roof Repair ("Services") in accordance with this Agreement and the Scope of Work as shown in Attachment "A". 2. Term. This Agreement is for 12 weeks, commencing on the issuance of a notice to proceed (NTP). 3. Compensation and Payment. This Agreement is for an amount not to exceed $ 184,250.00 , subject to authorized extensions and changes. Payments will be allowed in accordance with Attachment "B" Schedule of Pricing attached and incorporated by reference. Payment terms are net 30 days after the goods are provided or services are completed, as required or a correct invoice is received, whichever is later. 4. Allowances. a. Allowances are an amount established in the Agreement by the City to pay Contractor for a scope of work which has been identified, but which has not yet been fully defined and may be used in whole, in part, or not at all as determined by the City. If the City has included Allowances within Agreement amount for materials and/or work, the Allowances may be used in whole, in part, or not at all as determined by the City. Page 1 of 6 b. The decision as to whether to proceed with an Allowance is within the City's complete discretion. If the City notifies Contractor of its potential intent to proceed with that scope of work outlined by the allowance, Contractor shall provide the City with pricing based from the schedule of pricing (Attachment B) for the scope of work and as required pursuant to the Contract Documents. For the defined scope of work and as required pursuant to the Contract Documents. For the defined scope of Allowance work, the City may direct Contractor to proceed on a time and materials basis, or decide not to proceed with the potential Allowance work. c. Contractor must have the City's advance written approval generally issued by task order before proceeding with an established Allowance work element. d. Any unused Allowance funds belong to the City and will revert back to the City upon completion of the Work. A change order will be issued to reduce the Agreement value for any unused allowance funds that remain. 5. Contract Administrator. The contract administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator or designee ("Contract Administrator") as follows: Contract Administrator: Andres Gonzalez Contract Administrator Department: Facilities Contract Administrator Address: 1201 Leopard Street Contract Administrator Phone: 361-720-3350 Email: AndresG@cctexas.com 6. Independent Contractor. Contractor will perform the Services as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of Contractor be considered an employee of the City. 7. Insurance. Before Services can begin under this Agreement, Contractor's insurance company (ies), must deliver a Certificate of Insurance, as proof of the required insurance coverage, to the Contract Administrator. Contractor's insurance requirements are attached to the Agreement as Attachment "C". 8. Assignment. No assignment of this Agreement or of any right or interest contained in this Agreement by Contractor is effective unless the City Manager first gives its written consent to such assignment. The performance of this Agreement by Contractor is of the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. Page 2 of 6 9. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on September 30th) is subject to appropriations and budget approval providing for such contract item as an expenditure in the budget. The City does not represent that said budget item will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 10. Waiver. No waivers by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 11. Governing Law. This Agreement is subject to all federal, state and local laws, rules and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 12. Subcontractors. Contractor may use subcontractors in connection with the Services to be performed under this Agreement. When using subcontractors, however, Contractor must obtain prior written approval from the Contract Administrator unless such subcontractors were named and included at the time of bid. In using subcontractors, Contractor shall be responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if Contractor and its employees had performed the Services. 13. Amendments/Extensions. This Agreement may be amended only in writing and upon execution by authorized representatives of both parties. Such amendment will be in the form of a change order. Extensions to this Agreement will be at the sole discretion of the City and if offered to Contractor will be mutually agreed to in the form of a bilateral change order. 14. Termination. a. The City Manager may terminate this Agreement for Contractor's failure to perform the Services specified in this Agreement. Failure to keep any required insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Contractor 10 days written notice of the breach and set out a reasonable opportunity to cure. If 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 without cause upon 30 days written notice to Contractor. However, the City may terminate this Agreement upon 24 hours written notice to Contractor for Contractor's failure to pay or provide proof of payment of taxes, as set out in this Agreement. Page 3 of 6 15. Taxes. 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. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 16. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 17. Notice. Notice may be given by fax, email, hand delivery or certified mail, postage prepaid, and is received on the day faxed, emailed or hand - delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attention: Andres Gonzalez 1201 Leopard Street Corpus Christi, Texas 78401 Fax: 361-826-1989 Email: AndresG@cctexas.com IF TO CONTRACTOR: South Texas Metal Roofing Attention: Sigifredo Montemayor 2217 Flour Bluff Drive Corpus Christi, Texas 78414 Fax: 361-937-7048 Email: sigi1060@gmail.com 18. Severability. Each provision of this Agreement is considered to be severable and if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 19. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS CONTRACT OR THE PERFORMANCE OF THIS Page 4 of 6 CONTRACT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 20. Order of Precedence. In the event of conflicts or inconsistencies between this Agreement and its exhibits or attachments, such conflicts or inconsistencies will be resolved by reference to the documents in the following order of priority: a. this Agreement and its Attachments, b. the RFB documents including Addenda, c. the bid response. 21. 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. 22. Bonds. Contractor shall keep current a performance bonds and payment bonds for the full value of the contract. Bonds shall automatically increase with any changes that occurs during the term of this Agreement. 23. Warranty. Contractor shall warranty all work for one year starting with the date the work is accepted by the City. The warranty under this section shall survive the expiration or earlier termination of this agreement. Page 5 of 6 CONTRACTOR Signature: PrintedName: Title: re r Vi3c) a i Date: OS—ha/ l..9- 0 /6, CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attachments: Attachment A: Scope of Work Attachment B: Schedule of Pricing Attachment C: Insurance Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 120, Greenwood Senior Center Roof Repair Exhibit 2: Contractor's Bid Response Page 6 of 6 Attachment A- Scope of Work 4.1 GENERAL REQUIREMENTS/BACKGROUND INFORMATION The Contractor shall provide all labor, supervision, equipment, tools, consumables, safety equipment (Hard hats, safety glasses, steel toed boots, and proper work attire) to perform the work as outlined in this Scope of Work. 4.2 SCOPE OF WORK Contractor to remove existing roof and gutters including haul off and disposal of debris at the Greenwood Senior Center located at 4040 Greenwood Dr., Corpus Christi, TX 78404. Repairs will consist of: Contractor will be required to obtain a permit for roof work. City Project Manager (P.M.) will inspect Contractor's equipment before and/or during the project for safety. 2. Inspect selected roof deck area and replace as needed, in conjunction with the P.M. Ten percent of the deck will be replaced under the base bid. Any additional deck replacement needed will be done under the Allowance at the price per sheet. Install tapered insulation system as per code requirements (minimum 1/4 inch slope per every 1 foot). 3. Install a new modified and composition shingle roof which consists of: A. Modified Mop Down System (five -layer course); (approximately 120 squares) on all flat areas with a 30 -year warranty. B. Composition Roof System (shingles) on all pitch areas (approximately 40 squares) with a 30 -year warranty. 1. Remove and replace composition roof shingles (approximately 40 squares) and haul away debris 2. Remove and replace all plumbing pipe jacks on shingle roof area that is being replaced. 3. Install 30 pound underlayment felt paper on entire shingle area. 4. Install 2 inch by 2 inch drip edge on entire perimeter pitch roof area. 5. Install a starter course on top of drip edge. 6. Install a 30 -year class A fire resistant composition roof shingle. 7. Install 8 inch roof to wall cap flashing where applicable. 8. Install roof to wall flashing on the last upper shingle. (pitch and flat) 4. Mechanically fasten fiberglass base using a #14 heavy duty with 3 inch galvalume metal plates as per code. The installation of the glass sheet will only take place once the P.M. inspects and gives the final approval. Page 18 of 21 5. Install modified and primed gravel guard before applying hot asphalt to ensure a better attachment. The gravel guard will be installed on the entire perimeter of the replaced build-up flat roof system. A. Install new pitch pans and fill with pourable sealant (flexible) on all steel anchor supports around air condition area. B. Replace any existing expansion joints on areas being worked on. C. Remove and replace all standard exhaust roof jacks, and remove and seal penetration in inoperative vents in conjunction with the City Project Manager that exist on work areas. 6. Apply 3 layers of ply IV fiberglass interplay sheets on hot asphalt. Ensure all areas are free from ponding conditions. During walk through areas with ponding issues have been identified by paint markings, fill areas with asphalt and ply 4 sheets to get it to drain properly. 7 Install a modified class A bitumen mop down cap sheet on areas being worked on the flat system. 8. Install one way breather vents, 1 per every 1000 square foot to release trapped air pressure and moisture. 9. Remove and install approximately 1300 linear feet of 6 inch residential seamless gutters (15" coil .032 aluminum). Install 250 linear feet of 3 inch by 4 inch downspouts. 10. Install 12 one way breather vents, 1 per every 1000 square foot to release trapped air pressure and moisture. 11. Remove and replace 5 skylights. 12. Inspect and replace all damaged facia. 13. During every phase of the project, provide the P.M. notice and access to take pictures for documentation, of the different phases of work. 14. Have the roof inspected by a licensed engineer and provide a windstorm certificate to the City before acceptance of work. 15. Insurance must be kept current throughout the term of the contract. 16. The contractor will be required to participate in a project kick off meeting with the City Project Manager and a final walk through prior to acceptance of the work by the City. 17. Contractor will have to provide their own portable restrooms. Page 19 of 21 18. Provide a minimum 1 year warranty for all workmanship. 19. Complete a 1 -year warranty walk through on the 11 th month after the project is Accepted by the City. 4.3 CITY CONTRACT ADMINISTRATOR: The Contract Administrator for the City of Corpus Christi is as outlined below. The Contract Administrator shall approve all phases of performance and operations under this Contract including authorization for payment. The Contract Administrator or designee shall be the single point of contact for the Contractor for all matters. The Contract Administrator may change over time and any such changes will be given to the Contractor in writing. Contract Administrator - Name Andres Gonzalez Address 1201 Leopard Street Phone Number (361) 720-3350 Email Address AndresG@cctexas.com 4.4 WORK SITE AND CONDITIONS The work shall be performed at the Greenwood Senior Center at 4040 Greenwood Dr., Corpus Christi, TX 78404. 4.5 CONTRACTOR QUALITY CONTROL AND SUPERINTENDENCE The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to ensure 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. Page 20 of 21 PURCHASING DIVISION ATTACHMENT B- SCHEDULE OF PRICING CITY OF CORPUS CHRISTI BID FORM RFB O. 120 RFB Title: Greenwood Senior Center Roof Regale DATE: S _cu ,5 tAi--Y1 --Fe-x0. S et -co r' BIDDER AUTHORSGATUE 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices; b. Bidder is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true • c. Bidder is current with all taxes due and company is in good standing with all required governmental agencies. JTEM DFSCRIPTION QTY UNIT UNIT TOTAL 1.0 2.0 Base Bid plus 10% for unforeseen deck repair -Bidder shall furnish all necessary labor, materials, equipment, and supervision to remove existing roof and gutters including haul off and disposal debris at the Greenwood Senior Center per scope of work. Allowance of 1 1 LS AL $ 19-ci ,2.50. $5,000.00 - MI 250-= Price per sheet above the base bid plus 10% to be issued by the Contract Administrator via task orders using the referenced above. PPS: ), Attachment "C" 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 to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Facilities and Property Management, 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 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 $500,000 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.U. 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 perfon-ned 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. 2016 Insurance Requirements Facility and Property Management Roof Replacement Project 3/24/2016 ds Risk Management CERTIFICATE OF INI1RESTED PARTIES FORM 1295 loft Complete Complete Nos. 1- 4 and 6 if there are iritrtrested Nos. 1, 2, 3, 5, and 6 if there ere parties. no interested parties. OFFICE CERTIFICATION USE ONLY OF FILING 1 Nettie of business. South Corpus of business entity filing form, and Texas Metal Roofing Christi, TX United States the city, state and country of the business entity's place Certificate 2016-54422 Date Filed: Number: 2 Name being City of governmental entity or state agency filed. Of Corpus Christi that is a party to the contract for which the form is 05/12/2016 Date Acktjo JI !edged: 3 Provide description Contract Greenwood the identification number use of the services, goods, or 748 Senior Center Roof repair by the governmental entity or state agency to track or identify the contract they property to be provided under the contract. and provide a Name of Interested Party City, State, Country (place of business) 'Nature of interest (check applicable) Controlling Intermediary Montemayor, Sigifredo Corpus Chris, TX United States 1 X l 5 Check only if there is NO Interested Party. ❑ i 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclos Ire is true and correct. " BRITNIE CRUMBLY ti,4= MY COMMISSION EXPIRES y„� March 21, 2017 i i AFFIX Swo NOTARY STAMP / SEAL ABOVE n to and subscribed before me, by said Signature of authorized agent of contracting business vi p� . .Swo S �gi K u °�oA f Mnamor , this the ar tla entity of May lat/ 20 the , to certify which, witness my rand and seal of office. ' 2r -vi, L Cr UM 1j1(.1 CC G.' Signature of officer ministering oath) Printed name of officer admin tering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 19, 2016 Action Item for the City Council Meeting July 26, 2016 DATE: July 12, 2016 TO: Margie C. Rose, City Manager FROM Jim Davis, Director of General Services iimd(a)cctexas.com (361) 826-1909 Lawrence Mikolajczyk, Director of Solid Waste Operations LawM c(�cctexas.com (361) 826-1972 Maria Pedraza, Procurement Manager mariabe(c�cctexas.com (361) 826-3176 Lease -Purchase of Four Peterbilt 367 Trucks CAPTION: Motion approving the lease -purchase of four Peterbilt 367 trucks from Rush Truck Centers of Texas, L.P., of Houston, Texas for a total amount not to exceed $855,000.00. Two trucks will be truck tractors used to pull large refuse trailers and two trucks will be equipped with Heil low lift 22 ft. roll -off beds to carry roll -off refuse containers. The award is based on the cooperative purchasing agreement with the Houston -Galveston Area Council (H -GAC). (2) Peterbilt 367 Haul Truck Tractor (2) Peterbilt 367 with Roll -Off $343,922.00 $456,350.00 Total Lease -Purchase Price: Total Allowable Interest for Lease Grand Total: $800,272.00 $54,728.00 $855,000.00 PURPOSE: This item is to approve the lease -purchase of four Peterbilt 367 trucks. BACKGROUND AND FINDINGS: Two Peterbilt 367 trucks will be equipped with hydraulic kits and function as truck tractors to the support operations of the J.C. Elliott Transfer Station. These two truck tractors will haul large refuse trailers from the J.0 Elliott Transfer Station to the Cefe Valenzuela Landfill. The remaining two units will be outfitted as roll -off trucks to be used by the Transfer Station, but may be utilized interchangeably to support the Wastewater sludge hauling program, a service managed by the Solid Waste Operations Department. The purpose of these two trucks is to haul roll -off containers from the Transfer Station. This purchase allows for the replacement of haul trucks that have been in service since 2007 and roll -off units acquired in 2004. ALTERNATIVES: The equipment identified is the optimum choice for the tasks to be performed. The power configuration for these trucks is not compatible with a CNG fuel application. OTHER CONSIDERATIONS: Financing for the lease -purchase of the four trucks is based on a sixty month term with an estimated interest rate of 2.50% for an annual payment of $170,432.64. The total estimated cost over the five-year period, including principal of $800,272 and interest of $51,890.99, is $852,162.99. A not to exceed tolerance of $2,837.01 has been added to allow for the possible fluctuation of the interest rate. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Solid Waste FINANCIAL IMPACT: ❑ Operating ❑ Revenue x Capital ❑ Not applicable Fund(s): General Fund Comments: The department has reserved $14,202.72 for a 1 month payment in FY2016 however; delivery of the trucks is scheduled during FY2016-2017. Payments will be requested in future years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet. Project to Date Fiscal Year: 2015- Expenditures Current 2016 (CIP only) Year Future Years TOTALS Line Item Budget $506,203.00 $855,000.00 $1,361,203.00 Encumbered / Expended Amount $392,483.93 $0.00 $392,483.93 This item $0.00 $855,000.00 $855,000.00 BALANCE $113,719.07 $0.00 $113,719.07 Fund(s): General Fund Comments: The department has reserved $14,202.72 for a 1 month payment in FY2016 however; delivery of the trucks is scheduled during FY2016-2017. Payments will be requested in future years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet. CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ ITEM 1 2. DESCRIPTION QTY. UNIT PRICE SHEET PETERBILT 367 TRUCKS H -GAC CONTRACT: HT06-16 RUSH TRUCK CENTERS OF TEXAS, L.P. HOUSTON, TEXAS UNIT PRICE Peterbilt 367 "Autoshift Plus" With Heil Low Lift 22 Ft Roll -Off Peterbilt 367 "Autoshift Plus" Haul Truck Tractor EA $228,175.00 EA $171,961.00 Total Price Allowable Interest Grand Total EXTENDED PRICE $456,350.00 $343,922.00 $800,272.00 $54,728.00 $855,000.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 19, 2016 Action Item for the City Council Meeting of July 26, 2016 DATE: TO: July 19, 2016 Margie C. Rose, City Manager FROM: Bill Mahaffey, Director of Gas Operations BillM@cctexas.com (361) 826-1801 Maria Pedraza, Procurement Manager mariape@cctexas.com (361) 826-3176 Natural Gas Supply CAPTION: Resolution authorizing the City Manager, or the City Manager's designee, to execute a five-year natural gas supply contract with NextEra Energy Power Marketing, LLC ("NextEra"), Juno Beach, Florida for an estimated amount $125,000,000.00, of which $1,500,000.00 is needed for the remainder of the FY 2015-2016, for the purchase of 100% of the City's natural gas requirement from August 1, 2016 to July 31, 2021. PURPOSE: The purpose of this Agenda Item is to execute a five year contract with NextEra to continue to provide natural gas. The current Natural Gas Supply contract as amended expires on August 1, 2016. BACKGROUND AND FINDINGS: On May 31, 2011, the City Council approved a resolution to execute a five year natural gas supply, transportation, and facilities construction contract with National Energy & Trade, LP ("NET") for the purchase of 100% of the City's natural gas requirement to begin on July 1, 2011 and expire on August 1, 2016. During the fifth year of the contract NET was purchased by NextEra Energy Resources, LLC. Currently, the City of Corpus Christi purchases 100% of its daily natural gas requirements from NextEra Energy Resources, LLC. The present five-year contract expires on July 1, 2016. An amendment for one month was executed to allow time for the new agreement to be approved. Current contract price is Houston Ship Channel Index daily (HSCI) plus $0.40 per one million British thermal units (MMBTU). A reservation fee of $0.0275 per MMBTU based on the capacity reservation of 60,000 MMBTU per day (or $1,650 per day) is also included in the contract price. Requests for proposals were advertised and one proposal was submitted by NextEra. NextEra, the City's current natural gas supplier, proposed a commodity price component and a fixed reservation fee of HSCI + $0.40 or $0.41 per MMBTU dependent on payment date and $1,650 per day respectively. Both are for a sixty (60) month term. The reservation fee equates to approximately $0.0275 per MMBTU and includes the cost of the facilities to be added, pipeline integrity management, any and all third party upstream pipeline fees, ad valorem taxes, legal, operations and maintenance (O&M) and general and administrative cost (G&A). Current Price: (HSCI + $0.40)/MMBTU + $1,650/day NextEra's Proposed Price: (HSCI + $0.40 or $0.41)/MMBTU + $1,650/day NextEra has existing interconnects to provide redundancy at the City's three major purchase points and meet all past supply obligations. Gas supplied has met quality requirements. The City of Corpus Christi — Gas Department, with the assistance of ReSolved Energy Consulting, LLC, evaluated the proposal based on the weighted factors of deliverability, price, acquisition of interconnects, gas quality, marketing proposal and past performance, and recommends the 5 -year natural gas supply contract be awarded to NextEra Energy Resources, LLC. The financial impact of this item is approximately $25 million per year over the five-year term of the contract. The acquisition costs will be offset by the gas ratepayers. ALTERNATIVES: Not approve the contract and no longer have the capabilities of supplying natural gas to current and future customers. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures along with the State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Gas Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $21,736,499.00 $123,500,000.00 $145,236,499.00 Encumbered / Expended Amount $7,375,827.87 $0 $7,375,827.87 This item $1,500,000.00 $123,500,000.00 $125,000,000.00 BALANCE $12,860,671.13 $0 $12,860,671.13 Fund(s): Gas Comments: RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Resolution Contract RESOLUTION AUTHORIZING THE CITY MANAGER, OR CITY MANAGER'S DESIGNEE, TO EXECUTE A FIVE-YEAR NATURAL GAS SUPPLY CONTRACT WITH NEXTERA ENERGY POWER MARKETING, LLC ("NEXTERA"), JUNO BEACH, FLORIDA FOR AN ESTIMATED AMOUNT OF $125,000,000.00 OF WHICH $1,500,000.00 IS NEEDED FOR THE REMAINDER OF THE FY 2015-2016, FOR THE PURCHASE OF 100% OF THE CITY'S NATURAL GAS REQUIREMENT FROM AUGUST 1, 2016 TO JULY 31, 2021. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or the City Manager's designee, is authorized to execute a five-year natural gas supply contract with NextEra Energy Power Marketing, LLC ("NextEra"), Juno Beach, Florida for an estimated amount of $125,000,000.00 of which $1,500,000.00 is needed for the remainder of the FY 2015-2016, for the purchase of 100% of the City's natural gas requirement from August 1, 2016 to August 1, 2021. Section 2. The City Manager or the City Manager's designee is authorized to execute up to three monthly extension agreements at the same terms and conditions with NextEra if a new contract has not been awarded upon the expiration of the original contract period. Section 3. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Corpus Christi, Texas Nelda Martinez Mayor of , 2016 The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn NATURAL GAS SUPPLY CONTRACT INDEX Article Page I. Definitions 1 II. Quantity & Price 3 III. Points of Delivery and Pressure 7 IV. Measurement 7 V. Measuring Equipment & Testing Provisions 10 VI. Quality 13 VII. Invoicing, Payment and Audit. 15 VIII. Term 17 IX. Force Majeure 17 X. Successors and Assigns 18 XI. Warranty of Title 19 XII. Indemnity and Limitation of Liability 19 XIII. Transfer of Title to and Possession of Gas 22 XIV. Regulatory Bodies 22 XV. Contract Administrator 23 XVI. Independent Contractor 23 XVII. Insurance 24 XVIII. Certificate of Interested Parties 24 XIX. Conflict of Interest 25 XX. Subcontractors 25 XXI. Fiscal Year 25 XXII. Waiver 26 XXIII. Compliance with Laws 26 XXIV. Venue 26 XXV. Amendments 27 XXVI. Termination 27 XXVII. Notice 29 GAS SUPPLY CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI,TEXAS AND NEXTERA ENERGY POWER MARKETING, LLC GAS SUPPLY CONTRACT NO. THIS CONTRACT is entered into by and between NextEra Energy Power Marketing, LLC, hereinafter referred to as "Seller," and the CITY OF CORPUS CHRISTI, TEXAS, a municipality, hereinafter referred to as "Buyer." ARTICLE! DEFINITIONS Except as otherwise specified, the following terms as used in this Contract shall be construed to have the following scopes and meanings: 1 Day means the period from nine o'clock (9:00) a.m. CST to the next nine o'clock (9:00) a.m. CST. 2. Month means a period of one (1) calendar month commencing at nine o'clock (9:00) a.m. local time on the first day of any calendar month and ending at nine o'clock (9:00) a.m. local time on the first day of the next succeeding calendar month. 3. Year means a period of three hundred sixty-five (365) consecutive days provided, however, that any such period which contains the date of February 29 shall consist of three hundred sixty-six (366) consecutive days. 4. Psia means pounds per square inch, absolute. 5. Gas means natural gas that meets the quality standards contained in this Contract, including those under Article VI, "Quality." 6. Cubic Foot of Gas means the volume of dry gas contained in one (1) cubic foot of space at a standard pressure base of fourteen and seventy-three hundredths (14.73) psia and a standard temperature base of sixty (60) degrees Fahrenheit, hereinafter referred to as "F." 7 MCF means one thousand (1,000) cubic feet. 8. British Thermal Unit or BTU means one (1) the measurement unit of the quantity of heat required to raise the temperature of one (1) avoirdupois pound of pure water from fifty-nine and five -tenths (59.5) degrees F to sixty and five -tenths (60.5) degrees F at a constant pressure of fourteen and seventy-three hundredths (14.73) psia. 9. MMBTU means one million (1,000,000) BTUs. 10. Gross Heating Value means the number of BTUs produced by the complete combustion at constant pressure of one cubic foot of gas saturated with water vapor, at a constant pressure of fourteen and seventy-three hundredths (14.73) psia and under standard gravitational force (acceleration 32.175 feet per second per second) with air of the same temperature and pressure as the Page 1 of 28 gas, when the products of combustion are cooled to the initial temperature of the gas and air and when the water formed by such combustion is condensed to the liquid state. The Gross Heating Value of gas delivered under this Contract shall be corrected from the conditions of testing to those of the actual conditions, expressed in BTU per cubic foot and reported at a pressure base of fourteen and seventy-three hundredths (14.73) psia; however, if the gas as delivered contains seven (7) pounds of water or less per one million (1,000,000) cubic feet, such gas shall be deemed to be dry. 11. MAOP means the maximum allowable operating pressure of the City's system as shown in Exhibit "A." 12. Mineral interest gas means that royalty share of gas owned by Buyer from wells producing, or will in the future produce, on City of Corpus Christi property or on non -City property of which Buyer has a legal right to take in kind, and which Buyer, in its sole discretion, receives directly into Buyer's distribution system. 13. Effective Date means the first day of July, 2016. 14. Points of Delivery means the delivery points described on Exhibit "A. 11 ARTICLE II QUANTITY & PRICE 1. Subject to the terms and conditions of this Contract, commencing with the effective date and continuing throughout the Term of this Contract, Seller agrees to deliver and sell and Buyer agrees to accept and purchase one hundred (100) percent of Buyer's total daily gas requirement for resale within the operation of Buyer's distribution system (the "Total Daily Gas Requirement"), a list of delivery points is attached and incorporated with this Contract as Exhibit "A" and a map of which is attached and incorporated with this Contract as Exhibit "B", as such distribution system exists and may be reduced, enlarged, or extended from time to time; provided, however, that as Buyer, the City retains the right to accept "mineral interest gas" or royalty gas, from production facilities producing natural gas on City properties from wells in which the City owns a mineral interest or royalty. 2. The "Contract Price" for gas delivered into the Buyer's gas distribution system for the Term shall be comprised of four components: a. For all gas not priced at a Fixed Price, gas shall be priced on a daily index price, which price shall be comprised of the daily Houston Ship Channel/Daily Midpoint price as published in Platts Gas Daily Report in the table titled "Daily Price Survey ($/MMBTU)," section "East Texas," row "Houston Ship Channel" and column "Midpoint," and Page 2 of 28 referred to as the "Daily HSC Index," plus a fixed adder (the "Adder") of $0.41 per MMBtu, inclusive of fuel and L&U, for each day of the Term (the "Index Price"). b. Seller shall give Buyer the right to fix the price for up to 5,000 MMBtu per day (the "Fixed Quantity") on a year to year basis at any time during the Term starting on the date of contract execution. The fixed price will be established using the then current price of Henry Hub natural gas futures contracts and adding a basis differential to reflect the difference in price between Henry Hub and Houston Ship Channel prices and adding any additional costs required consistent with Seller's pricing methodology for transactions with similar risk parameters (the "Fixed Price") . The parties shall agree to such Fixed Price and Fixed Quantity in a separately negotiated, mutually agreed upon and executed confirmation in a form substantially similar to Exhibit E, which shall be considered a firm obligation for both parties. In compliance with Exhibit D, in the event that the Total Daily Gas Requirement is less than the agreed Fixed Quantity, Seller will use commercially reasonable efforts to dispose into the market the difference in volume between the Total Daily Gas Requirement and the Fixed Quantity with the proceeds from these sales credited or debited to Buyer as applicable. c. A reservation fee of $0.0275 per MMBtu based on a capacity reservation of 60,000 MMBtu per day (or $1,650 per day) (the "Daily Reservation Fee"). d. For the Padre Island System, there is no incremental charge for service directly to the Padre Island System as defined in Exhibits A & B via third party provider prior to September 1, 2016. Beginning September 1, 2016, Seller will pass through any actual incremental costs incurred from third party provider until such time as the connection between the Corpus Christi System as defined in Exhibits A & B and the Padre Island System is completed, where actual incremental costs is defined as the difference between the Index Price calculated in paragraph II.2.a. and the actual cost of gas delivered to the Padre Island System. Seller shall send documentation to Buyer sufficient to show Buyer the actual cost of gas delivered to the Padre Island System in a commercially reasonable form. 3. If at any time the HSC Index should cease to be published or otherwise becomes unavailable or not calculable, Buyer and Seller shall meet as soon as practicable not to exceed three (3) calendar days to determine and agree upon a comparable "Substitute Index." The Substitute Index shall be implemented retroactively as of the first day in which the HSC Index became unavailable. 4. Buyer and Seller agree to consider alternative pricing options, and the Page 3 of 28 pricing method may be changed by mutual agreement, as evidenced by a written amendment executed by both parties to this Contract. ARTICLE 111 POINTS OF DELIVERY AND PRESSURE 1 The Points of Delivery for all gas to be sold and purchased under this Contract shall be at the outlet of Seller's (or Seller's designee's) existing metering and pressure regulating facilities identified in Exhibit "A," which is attached to and made a part of this Contract and which may be amended from time to time as Points of Delivery are added or deleted. 2. The gas delivered under Points of Delivery (Exhibit "A") of this Contract shall be measured through facilities which will be maintained by Seller (or Seller's designee). ARTICLE IV MEASUREMENT The measurement provisions for Points of Delivery shall be as follows: a. Unit of Volume -- The unit of volume for measurement of gas sold and purchased shall be one (1) cubic foot of gas as provided by Sections 91.051 through 91.062 of the Texas Natural Resources Code. b. Basis -- All measurement facilities under this Contract shall be operated under the standards approved by the American National Standards Institute of June 28, 1977 and prescribed in the Gas Measurement Committee of the American Gas Association, referred to in this Contract as AGA, Report Number 3/American Petroleum Institute Manual of Petroleum Measurement Standards, Chapter 14.3 (AGA Report No. 3/API 14.3), as it is now and from time to time may be revised, amended, or supplemented. Where measurement is by other than orifice meters, determination of the necessary factors for proper volume shall be as mutually agreed in writing by the parties. c. Atmospheric pressure -- The atmospheric pressure applicable at all points of delivery shall be determined in accordance with AGA Report No. 3/API 14.3 as it is now and from time to time may be revised, amended or supplemented. d. Ideal Gas Laws -- Measurement under this Contract shall be corrected for deviation from Ideal Gas Laws, and corrections shall be determined in accordance with AGA Report No. 3/API 14.3 as it is now and from time to time may be revised, amended or supplemented. e. Where a displacement meter is used, the square of the orifice meter super compressibility factor shall be applied, except as Page 4 of 28 may otherwise be agreed in writing by the parties. f. Determination of Flowing Temperature -- The temperature of gas flowing through the measuring facilities under this Contract shall be determined by means of the continuous use of a recording thermometer or by such other method as the parties hereto may agree in writing. The arithmetic average temperature of the gas recorded each day, during periods of flow only, shall be used in computing the quantity of gas delivered for that day. g. Determination of Specific Gravity -- The specific gravity of gas flowing through the measuring facilities under this Contract shall be determined by use of a continuously recording gravitometer. The arithmetic average specific gravity recorded each day, during periods of flow only, shall be used in computing the gas volume for that day. In the event a recording gravitometer is not installed, the specific gravity of the gas under this Contract shall be determined at approximately 30 -day intervals or at such other intervals as may be mutually agreed upon in writing by the parties hereto, by means which are approved by the AGA as set forth in its Gas Measurement Manual or by fractional analysis by the use of a spot or continuous sample taken at the Point of Delivery. h. Fractional analysis will be on a real gas basis in accordance with ANSI/ASTM D3588-79, as it is now and from time to time may be revised, amended or supplemented. Specific gravities so determined will be used in calculating gas volumes under this Contract for the month in which the test is made and all succeeding months until that month in which a new sample is taken. i. Determination of Gross Heating Value -- The Gross Heating Value of the gas shall be determined by means of a recording calorimeter, employing the Thomas principle of calorimetry, proportional to flow continuous sample, or such other method mutually agreed upon in writing by the parties hereto. The arithmetic average of the hourly Gross Heating Value recorded each day, during periods of flow only, shall be considered as the heat content of the gas during such day. If a recording calorimeter is not available, the Gross Heating Value shall be determined at 30 -day intervals or at such other intervals as may be mutually agreed upon in writing by the parties hereto, by the use of spot or continuous samples taken at the points of delivery. Gross Heating Value of a sample to be obtained either by calorimeter or chromatographic analysis using values of physical constants for the gas compounds, and the procedure for determining the Gross Heating Value of the gas shall be on a real gas basis in Page 5 of 28 accordance with ANSI/ASTM 03588-79, as it is now and from time to time may be revised, amended, or supplemented. The Gross Heating Value of gas so determined shall be considered for all purposes to be the Gross Heating Value of the gas for the month in which the sample is taken and all succeeding months until that month in which a new sample is taken. ARTICLE V MEASURING EQUIPMENT AND TESTING PROVISIONS 1 The measuring equipment and testing provisions for points of delivery shall be as follows: a. Access -- The parties hereto shall at all reasonable times have access to the premises of each other insofar as such premises are connected with any matter or thing covered hereby, for inspection, operation, installation, removal, repair and testing of equipment, but the operation of measuring equipment and changing of charts shall be done only by the employees or agents of the owner of such equipment. b. Testing and Repair of Equipment -- Seller (or Seller's designee) and Buyer shall keep their respective measuring equipment, pressure regulators and overpressure protective equipment, including chromatographs, accurate and in repair. Monthly tests will be required on measuring equipment. Buyer and Seller (or Seller's designee) agree to provide each other sufficient advance notice of the time of such tests so that Buyer or Seller (or Seller's designee) may conveniently have its representative present. In the event measuring equipment is found to be inaccurate, it will be adjusted to register accurately. In the event either party or Seller's designee desires a special test of any measuring equipment, the parties shall cooperate to secure prompt verification of the accuracy of such equipment. If upon any test, the percentage of inaccuracy of the measuring equipment is found to be in excess of one (1) percent, registrations thereof shall be corrected for a period extending back to the time such inaccuracy occurred if such time is ascertainable, and if not ascertainable, then back one-half (1/2) of the time elapsed since the last date of calibration not to exceed fifteen (15) days. c. Correction for Inaccurate Measurement -- If for any reason any measuring equipment is out of service or out of repair so that the quantity of gas delivered through such equipment cannot be ascertained or computed from the readings thereof, the quantity of gas so delivered during the period such equipment is out of service or out of repair shall be estimated and agreed upon by the parties hereto based upon the best available data, using the Page 6 of 28 first of the following methods which is feasible: (1) By using the registration of any check measuring equipment registering accurately; (2) By correcting the error if the percentage of error is ascertainable by calibration, test or mathematical calculation; or (3) By estimating the quantity of gas delivered under this Contract based on quantities delivered during preceding periods under similar conditions when the respective measuring equipment was registering accurately. d. Inspection of Charts and Records -- The charts and records from the measuring equipment shall remain the property of the owner thereof and same shall be retained for a period of not less than five (5) years. At any time within such period, upon request, each party or Seller's designee will submit records and charts from the measuring equipment, together with calculations therefrom, for inspection and verification by the other party or Seller's designee. Such records and charts shall be returned to the party providing same within thirty (30) days after receipt. e. Installation of Check Meters -- Buyer may, at its option, install a check meter for checking the metering equipment at the Points of Delivery; same shall be so installed as not to interfere with the operation of metering facilities of Seller or Seller's designee. 2. Seller must provide filters, chromatographs and moisture detectors for the Corpus Christi System and the Annaville/Calallen System. ARTICLE VI QUALITY 1 The quality provisions for Points of Delivery shall conform to the following specifications: a. Oxygen -- The oxygen content must not exceed two tenths (0.2%) percent by volume. b. Hydrogen Sulfide/Mercaptan -- Neither the hydrogen sulfide nor the mercaptan content shall exceed one-half (1/2) grain per one hundred (100) cubic feet. c. Sulfur -- The total sulfur content must not exceed five (5) grains per one hundred (100) cubic feet. d. Carbon Dioxide -- The carbon dioxide content must not exceed two (2) percent by volume. e. Total Inerts - Not more than four (4) percent by volume including carbon dioxide and nitrogen. f. Liquids -- The gas shall be free of water and hydrocarbons in liquid form at the temperature and pressure at which the gas is delivered and shall have been dehydrated prior to being delivered by any method other than the use of calcium chloride as Page 7 of 28 a desiccant for removal of water present therein in a vapor state and shall in no event contain water vapor in excess of seven (7) pounds per one million (1,000,000) cubic feet. Seller shall be responsible for collection and disposal of any liquids that may accumulate. g. Dust, Gums, and Solid Matter -- The gas shall be free of dust, gums, and other solid matter. h. Gross Heating Value -- The gas delivered shall have a Gross Heating Value of not less than nine hundred fifty (950) BTUs per cubic foot. i. Temperature -- The gas shall have a temperature of not less than forty (40) degrees F and not more than one hundred twenty (120) degrees F. 2. Any gas delivered by Seller to Buyer under this Contract which is accepted by Buyer without protest within five (5) days of delivery, shall be deemed to have met all of the quality specifications under the Contract. If at any time gas tendered under this Contract fails to conform to any of the quality specifications set forth above, Buyer shall notify Seller and Buyer may, at its sole option, and in addition to pursuing any other legal or equitable remedies available, refuse to accept delivery pending correction of the deficiency by Seller. If Seller has not corrected any failure to meet quality specifications within fifteen (15) days after receiving notice from Buyer of such failure, then Buyer has the right to terminate this Contract after said fifteen (15) day period and Seller shall be obligated to pay Buyer for any reasonable damages and expenses incurred by the Buyer. I t is expressly agreed that such damages may include direct damages and expenses incurred by the Buyer as well as any direct damage to Buyer's gas distribution system pipelines or facilities incurred by the City resulting from Seller's failure to comply with the Contract's quality specifications. 3. Buyer will not accept delivery of gas under this Contract at a Gross Heating Value of less than nine hundred fifty (950) BTU per cubic foot. 4. Seller agrees that the gas delivered to Buyer during the Term may not contain any odorant which is not first approved in writing by Buyer. After the odorant to be used is approved by Buyer, it may not be changed by Seller without the written consent of Buyer. Such consent may not be withheld unreasonably. As of February 2016, the Buyer is using t h e odorant Spotleak@ 1 007 or Sentinel S-20. The use of this odorant, or its equivalent, by Seller is approved by Buyer. ARTICLE VII INVOICING, PAYMENT, AND AUDIT 1 Invoice -- On or before the tenth (10th) day of each month, Seller shall send toBuyer via email (s) as designated by Buyer, an Page 8 of 28 invoice reflecting the quantity of gas delivered to and purchased by Buyer during the preceding calendar month, which shall not be less than the Fixed Quantity, if applicable. 2. Payment - Thirty (30) days after receipt of invoice, Buyer shall pay to Seller the amount due pursuant to this Contract for deliveries during the preceding calendar month. Payment shall be the sum of the daily Index Price multiplied by the difference between the Total Daily Gas Requirement and the Fixed Quantity; plus the sum of the daily Fixed Quantity Payment as defined in and based on the payment structure in Exhibit D; plus the sum of the Daily Reservation Fees for the month; plus beginning September 1, 2016 the difference between the Index Price and the actual cost of gas delivered to the Padre Island System as defined in Exhibits A & B multiplied by the actual volumes delivered to the Padre Island System. Provided, however, if the Buyer pays to Seller the amount due by the fifteenth (15) day after receipt of invoice, then Buyer shall receive a credit in the next month's invoice equal to $0.01 multiplied by the MMBtus reflected in the corresponding delivery month's invoice. The remittance shall be via ACH transfer: Pay: Bank of America, N.A. For the Account of: NextEra Energy Power Marketing, LLC Account No.: 3751227650 Fed. ABA No.:1 1 10-0001-2. If Buyer in good faith disagrees with the amount of any invoice, Buyer shall notify Seller of such disagreement so that it may be resolved before the date for payment of such invoice. If Buyer fails to give such notice of disagreement, or if Buyer and Seller do not resolve such disagreement before the due date, the amount of the invoice not in dispute shall be paid by Buyer on the due date. Such payment shall be subject to adjustment without penalties upon final resolution of the disagreement. 3. Adjustment of Errors -- In the event an error is discovered in any invoice or payment hereunder, such error shall be adjusted within ninety (90) days of the determination thereof; provided, however, that claim therefore shall have been made within two (2) years from the date of such invoice or payment. 4. Audit -- Each party hereto shall have, at its expense, the right at all reasonable times to examine the books and records of the other party pertaining to the performance of the Contract to the extent necessary to verify accuracy of any invoice, charge, computation, or demand made under or pursuant to this Contract. Each party agrees to keep records and books of account in accordance with generally Page 9 of 28 accepted accounting principles and practices in the industry. Any invoice shall be final as to both parties unless questioned within two (2) years after payment of such invoice. ARTICLE VIII TERM Subject to the provisions of this Contract, this contract shall be effective and continue in full force from the date of the termination of the Gas Supply Purchase Contract entered into as of July 1, 2011 between Seller and Buyer until 9:00 a.m., CST, on July 31, 2021 (the "Term"). ARTICLE IX FORCE MAJEURE 1 Definition of Force Majeure -- The term " force majeure" as employed herein shall mean acts of God, strikes, lock outs, or other industrial disturbances, acts of public enemy, sabotage, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, high water, washouts, or other natural disasters, threat of physical harm or damage resulting in the evacuation or shutdown of facilities necessary for the production, delivery, receipt or storage of gas, arrests and restraints of governments and people, civil disturbances, explosions, breakage or accident to machinery or lines of pipe, the necessity for testing or for making repairs or alterations to machinery or lines of pipe, partial or entire failure of wells, processing, storage or transportation facilities, or gasification and gas manufacturing facilities, the orders of any court, regulatory body or government authority or agency having jurisdiction, or the refusal or withdrawal of any necessary order, certificate or permit by any court, regulatory body or governmental authority or agency having jurisdiction, operational flow orders or implementation of system management plans or any other acts or omissions (including failure to take or deliver gas) of a transporter of Gas for either Buyer or Seller not caused by any acts or omissions of Buyer or Seller, and any other causes, whether of the kind herein enumerated or otherwise, not within the control of the party claiming suspension of Contract obligations and which, by the exercise of due diligence, such party or its subcontractor is unable to overcome. Nothing contained herein, however, shall be construed to require either party to settle a strike against itswill. 2. Effect of Force Majeure -- In the event either Seller or Buyer is rendered unable by force majeure to itself or a necessary third party to wholly or in part carry out its obligations under the provisions of this Contract, it is agreed that the party so affected shall give notice within seventy-two Page 10 of 28 (72) hours to the other party, and the obligations of the party affected by such force majeure, other than the obligation to make payments hereunder, shall be suspended during the continuance of any inability so caused but for no longer period, and such cause shall so far as possible be remedied with all reasonable dispatch. ARTICLE X SUCCESSORS AND ASSIGNS No assignment of this Contract or any of the rights or obligations under this Contract, whether by purchase, merger, consolidation, or otherwise, shall be made unless there first shall have been obtained the written consent to the assignment of the non -assigning party. Such consent may not be withheld unreasonably. Seller or Buyer may pledge or assign its respective right, title, and interest in, to and under this Contract to a trustee or trustees, individual, or corporate, as security for bonds or other obligations or securities without the necessity of such trustee(s) becoming in any respect obligated to perform the obligations of the assignor under this Contract. This Contract i s for the sole benefit of the parties hereto and their respective successors and permitted assigns, and shall not inure to the benefit of any other person or entity whomsoever, it being the intention of the parties hereto that no third person shall be deemed a third party beneficiary of this Contract or otherwise have any rights hereunder. ARTICLE XI WARRANTY OF TITLE SELLER WARRANTS THE TITLE TO ALL GAS DELIVERED UNDER THIS CONTRACT. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES WHETHER WRITTEN, ORAL, IMPLIED OR STATUTORY. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, SELLER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ARTICLE XII INDEMNITY AND LIMITATION OF LIABILITY TO THE EXTENT ALLOWED BY TEXAS LAW, SELLER, ITS OFFICERS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, AND LICENSEES (FOR THE PURPOSES OF THIS ARTICLE CALLED " SELLER") HEREBY FULLY INDEMNIFIES, SAVES AND HOLDS HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AGENTS, LICENSEES, AND INVITEES ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS ,CLAIMS, DEMANDS, AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURY (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND Page 11 of 28 WHATSOEVER, WHICH ARISES OUT OF OR IS IN ANY MANNER CONNECTED WITH, OR IS CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH SELLER'S INTENTIONAL OR NEGLIGENT ACTS IN ITS RESPECTIVE CONTROL WITH REGARD TO THE DELIVERY OF GAS. SELLER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL THOSE CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COST AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, OR ACTIONS. TO THE EXTENT ALLOWED BY TEXAS LAW AND SUBJECT TO COMPLIANCE WITH APPLICABLE TEXAS CONSTITUTIONAL REQUIREMENTS, THE CITY HEREBY FULLY INDEMNIFIES, SAVES AND HOLDS HARMLESS SELLER, ITS OFFICERS, EMPLOYEES, AGENTS, LICENSEES, AND INVITEES ("SELLER GROUP") AGAINST ANY AND ALL CLAIMS, FOR PERSONAL INJURY (INCLUDING WORKERS' COMPENSATION AND DEATH CLAIMS) OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH, THE CITY'S INTENTIONAL OR NEGLIGENT ACTS IN ITS RESPECTIVE CONTROL WITH REGARD TO THE RECEIPT OF GAS BY THE CITY. THE CITY MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL SUCH CLAIMS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO SELLER, AND PAY ALL CHARGES FOR ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID CLAIMS. THE PARTIES CONFIRM THAT THE EXPRESS REMEDIES AND MEASURE OF DAMAGES PROVIDED IN THIS AGREEMENT SATISFY THE ESSENTIAL PURPOSES HEREOF. FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY, THE OBLIGOR'S LIABILITY SHALL BE LIMITED AS SET FORTH IN SUCH PROVISION AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY HEREIN PROVIDED, THE OBLIGOR'S LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. UNLESS OTHERWISE EXPRESSLY PROVIDED HEREIN, IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTR ACT, WARR ANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER WISE, SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR LOSS OF PROFIT OR REVENUES, OR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES. ARTICLE XIII TRANSFER OF TITLE TO AND POSSESSION OF GAS Page 12 of 28 1. As between Buyer and Seller, Seller shall be deemed in control and possession of the gas sold and purchased under this Contract and responsible for any damage or injury caused thereby until the same shall have been delivered to Buyer at the Points of Delivery in accordance with terms of this Contract. 2. As between Buyer and Seller, Buyer shall be in control and possession of the gas sold and purchased under this Contract and responsible for any damage or injury caused thereby after the same shall have been delivered to Buyer at the Points of Delivery in accordance with terms of this Contract. ARTICLE XIV REGULATORY BODIES 1 This Contract is subject to all valid orders, rules and regulations of any State, federal or other regulatory body having jurisdiction over the purchase, sale or use of the gas sold, and the parties agree to comply with such orders, rules, and regulations. Should either of the parties, by law or regulation, be ordered or required to do any act inconsistent with the provisions of this Contract, this Contract shall be deemed to be modified to conform with such law or regulation. 2. Each of the parties understands that, should the Texas Railroad Commission, or other governmental regulatory body, require approval for the sale and purchase of gas under this Contract, then, each of the parties will make any necessary applications or filings and will submit any records or data to the regulatory body so that requisite regulatory authorization may be granted. 3. If any order, rule or regulation of any State, federal or other regulatory body significantly alters the relative benefits and burdens of the parties under this Contract, Buyer and Seller shall revise this Contract to restore the balance of risks, rewards, and costs originally set forth i n this Contract; provided, however, if the parties cannot mutually agree to revise the Contract, the matter may be submitted to either a dispute resolution process in accordance with the provisions herein or as otherwise agreed to by the parties. ARTICLE XV CONTRACT ADMINISTRATOR The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Contract including deductions for non-performance and authorizations for payment. All of Seller's notices or communications regarding this Contract must be directed to Bill Mahaffey, Director of Gas Operations, 2726 Holly Road, Corpus Christi, TX 78415. ARTICLE XVI Page 13 of 28 INDEPENDENT CONTRACTOR Seller will perform the services hereunder as an independent contractor and will furnish services in its own manner and method, and under no circumstances or conditions may any agent, servant, or employee of Seller be considered as an employee of the City. ARTICLE XVII INSURANCE 1 Insurance requirements are attached to and incorporated with this Contract as Exhibit "C", and may be revised annually by the Contract Administrator upon 30 days written notice to Seller. Notwithstanding the aforementioned, any such revision shall be subject to the following: (i) Seller's prior written consent, not to be unreasonably withheld, delayed or conditioned; (ii) that the requested insurance is both reasonably and commercially available; and (iii) that any incremental insurance -related costs resulting from the City's request would be assumed and paid by the City." 2. Before activities can begin under this Contract, Seller's insurance company must deliver a Certificate of Insurance as proof of the required insurance coverage to the Contract Administrator. 3. Additionally, the Certificate must state that the City will be given at least 30 days notice of cancellation or intent not to renew any of the policies. 4. The City must be named as an additional insured in each applicable policy identified in Exhibit "C", Section II(D). The City Attorney must be given copies of all certificates of insurance within 15 days of the Contract Administrator's written request to Seller. ARTICLE XVIII CERTIFICATE OF INTERESTED PARTIES Seller agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. ARTICLE XIX CONFLICT OF INTEREST Seller 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 Page 14 of 28 information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. ARTICLE XX SUBCONTRACTORS Seller may use subcontractors and affiliates of Seller in connection with the work performed under this Contract. When using subcontractors and affiliates of Seller, however, Seller must obtain prior written approval from the Contract Administrator, which shall not be unreasonably withheld. In using subcontractors, Seller is responsible for all their acts and omissions to the same extent as if the subcontractor or affiliate and its employees were employees of Seller. All requirements set forth as part of this Contract are applicable to all subcontractors and affiliates and their employees to the same extent as if the Seller and its employees had performed the services. ARTICLE XXI FISCAL YEAR All parties recognize that the continuation of any Contract after the close of any fiscal year of the City, which fiscal year ends on September 30 annually, is subject to appropriations and budget approval providing for such Contract item as an expenditure in that budget. The City does not represent that the budget item will be actually adopted, that determination being within the sole discretion of the City Council at the time of adoption of each budget. ARTICLE XXII WAIVER No waiver of any breach of any term or condition of this Contract waives any subsequent breach of this Contract. ARTICLE XXIII COMPLIANCE WITH LAWS This Contract is subject to all applicable federal and State laws. All duties of the parties will be performed in Nueces County, Texas. The applicable law for any legal disputes arising out of this Contract is the law of the State of Texas. ARTICLE XXIV VENUE The venue for any disputes under this Contract is the United States District Court for the Southern District of Texas - Corpus Christi Division Located in Nueces County, Texas, and if such court refuses jurisdiction, then the appropriate district, county, orjustice court in and for Nueces County, Texas. Page 15 of 28 ARTICLE XXV AMENDMENTS This Contract may be amended only by written agreement signed by duly authorized representatives of both parties to this Contract. ARTICLE XXVI TERMI NATION 1 Either party may terminate this Contract for the other parties' failure to perform the services specified in this Contract. Failure to keep all insurance policies in force for the entire term of this Contract is grounds for termination by City. 2. The terminating party must give the other party twenty (20) business days written notice of the breach and set out a reasonable opportunity to cure. 3. If the breaching party has not cured within the cure period, the other party may terminate this Contract immediately after the cure period. Such date is an "Early Termination Date". As of the Early Termination Date, the non -defaulting party shall determine, in good faith and in a commercially reasonable manner, the amount owed (whether or not then due) with respect to, the "Net Settlement Amount," which is the sum of (i) the quantity of gas which was not part of the Fixed Quantity delivered and received between the parties on and before the Early Termination Date for which payment has not yet been made by the City under this Contract multiplied by the Index Price, plus all other applicable charges; plus (ii) the Replacement Value; plus (iii) the Fixed Price Termination Value. Neither party shall be liable for any delivery or receipt obligations after the Early Termination Date, except for the Fixed Price Termination Value. The "Replacement Value" shall be the Non -Delivered Gas Quantity multiplied by the Adder, plus the Daily Reservation Fee times the days remaining in the Term. The "Non -Delivered Gas Quantity" is the total estimated daily gas requirement for resale within the operation of City's distribution system for the remainder of the Term, minus the Fixed Quantity. The " Fixed Price Termination Value" means the difference (if any) between the Fixed Price and the Market Price multiplied by the Fixed Quantity for the remainder of the Term, plus all of Seller's out of pocket costs to market and sell the Fixed Quantity. Page 16 of 28 "Market Price" means the price for gas in a similar transaction at the Delivery Point determined by the non -defaulting party in a commercially reasonable manner. Notice shall be given by the non -defaulting party to the defaulting party of the Net Settlement Amount due to Seller from Buyer (the "Notice"). The Notice shall include a written statement explaining in reasonable detail the calculation of the Net Settlement Amount. The Net Settlement Amount as well as any applicable set -offs between the parties as allowed by law, shall be paid by the close of business on the second Business Day following such Notice, which date shall not be earlier than the Early Termination Date. Interest on any unpaid portion of the Net Settlement Amount as adjusted by setoffs, shall accrue from the date due until the date of payment at a rate equal to the lower of (i) the then -effective prime rate of interest published under "Money Rates" by The Wall Street Journal, plus two percent per annum; or (ii) the Texas maximum applicable lawful interest rate for municipalities. Notwithstanding any other provision of this Contract, if Buyer fails to pay Seller any amounts due under the Contract on a timely basis, Seller shall have the right to (a) suspend performance under the Contract until such delinquent amounts plus accrued interest calculated at a rate equal to the lower of (i) the then -effective prime rate of interest published under " Money Rates" by The Wall Street Journal, plus two percent per annum; or (ii) the Texas maximum applicable lawful interest rate for municipalities, have been paid or (b) exercise any remedy available at law or in equity to enforce payment of such amount plus interest, provided, however, that if the City, in good faith, disputes the amount of any such billing or part thereof and pays such amounts as it concedes to be correct, no suspension shall be permitted. ARTICLE XXVII NOTICE Notice 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 deposit if sent certified mail. Notice shall be sent as follows: If to Buyer: City of Corpus Christi Attn: Bill Mahaffey Director of Gas Operations 2726 Holly Road Corpus Christi, TX 78415 If to Seller: NextEra Energy Power Marketing, LLC Attn: John Ragan VP Midstream Operations 601 Travis Street, Suite 1900 Houston, TX 77002 Page 17 of 28 Telephone: (361) 826-1801 (561) 304-5343 Facsimile: (361) 826-1889 (713) 225-1464 Email: BillM@cctexas.com John.Racgan©nexteraenergy.com Page 18 of 28 AGREED TO BY: BUYER: CITY OF CORPUS CHRISTI SELLER: NextEra Energy Power Marketing, LLC City Manager Date: Date: Attest: Rebecca Huerta City Secretary Approved as to form: This day of , 2016 Miles Risley City Attorney By: Lisa Aguilar Assistant City Attorney EXHIBITS: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E List of Points of Delivery Map of Delivery Points Insurance Requirements Fixed Price Addendum Fixed Price Confirmation Page 19 of 28 EXHIBIT "A" POINTS OF DELIVERY (EXISTING AND POSSIBLE) LOCATIONS CORPUS CHRISTI SYSTEM 1 BUSH STATION 2 SHELL ROAD STATION 3 KOSAR STATION 4 OLD BROWNSVILLE RD/SARATOGA STATION 5 BEAR LANE STATION 6 OLD BROWNSV1 LLE RD»WEST POINT STATION ANNAVILIE/CALALLEN SYSTEM 1 GUTH STATION 8 TULOSO STATION 9 LEOPARD STREET/CLARKW'OOD STATION 10 RHEWAND LEOPARD STATION 11 PADRE ISLAND SYSTEM PADRE ISLAND SYSTEM NOTE: Other delivery points can be considered NORMAL OPERTAING PRESSURE MAXIMUM ANTICIPATED PRESSURE MAXIMUM ANTICIPATED FLOW RATE 145 150 135C MCF/HR 145 150 1350 MCF/HR 145 150 135C MCF/HR 145 150 135C MCF/HR 145 150 135C MCF/HR 145 150 135C MCF/HR 145 100 200MCl/ HR 145 100 150 MCF/HR 145 100 200MCF/HR 165 200 MCF/HR REMARKS: See exhibit "B", Map of Possible Delivery Points Possible Alternate Delivery Pant location Possible Alternate Delivery Pant location Possible Alternate Delivery Point Location Possible Alternate Delivery Point location Possible Alternate Delivery Pant location Possible Alternate Delivery Point location Possible Alternate Delivery Point Location Possible Alternate Delivery Point Location Possible Alternate Delivery Point Location Existing City of Corpus Christi Delivery Point & ROW Existing Sothcross Pipeline Delivery Point - 150 150 150 MCF/DAY City owned easement, regulation and measurement facilities Current construction will interconnect Corpus Christi system with Padre island system. This delivery point will be short term. Page 20 of 28 Exhibit B Et •=- O • s LA OZ/NA/IfADRE -GULF OF MEXICO Page 21 of 28 Exhibit C INSURANCE REQUIREMENTS CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City, such approval not to be unreasonably withheld. Contractor must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Gas Department, one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. Contractor may satisfy the additional insured and waiver of subrogation endorsement requirements by using blanket endorsements. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Underground Hazards 7. Explosion & Collapse $5,000,000 Per Occurrence (Satisfied with any combination of primary and excess insurance) AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement Company is not domiciled in Texas) Employer's Liability if Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all non -privileged accident reports by Page 22 of 28 the later of either (i) 10 days after Contractor's receipt of such report, or (ii) 10 days after the City's request for such report. 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 Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement Certificate of Insurance to City upon reasonable request at the address provided below within 10 days as requested by the City. Contractor shall pay any costs incurred resulting from providing a copy of any replacement Certificate of Insurance. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy and employer's liability policy. • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; Page 23 of 28 • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within thirty (30) calendar days of a cancellation, non -renewal, or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2015 Insurance Requirements Gas Utilities Natural Gas Supply Agreement 11/23/2015 ds Risk Management Page 24 of 28 Exhibit D Price Addendum for Fixed Quantity (as defined in the Natural Gas Supply Contract) Note: For each Fixed Price Option, the "Fixed Quantity Payment" will be calculated as described in that Option. Fixed Price Option A - All Fixed Price: The Fixed Price for the Fixed Quantity shall be (i) Fixed HSC Price plus (ii) Adder Fixed Quantity - no more than 5,000 MMBtu per day Fixed Price Term - TBD Fixed HSC Price - $X.XX per MMBtu Adder - As per contract paragraph I11.2.a. (A) For any day during the Fixed Price Term where the Total Daily Gas Requirement is below the Fixed Quantity, the Buyer shall pay the Seller the Fixed Quantity Payment, which shall be: (i) Fixed Price for the Total Daily Gas Requirement plus or minus (ii) applicable Usage Shortfall Payment. If the Usage Shortfall Payment is positive, Buyer shall pay Seller the Usage Shortfall Payment and if the Usage Shortfall Payment is negative, Seller shall pay Buyer the absolute value of the Usage Shortfall Payment. Where, "Usage Shortfall Payment" shall mean (i) Usage Shortfall multiplied by (ii) Net Liquidation Value. "Usage Shortfall" shall mean (i) Fixed Quantity minus (ii) Total Daily Gas Requirement "Net Liquidation Value" shall mean (i) Fixed HSC Price minus (ii) HSC Index "HSC Index" shall have the meaning as defined in Article II, subsection 2 (B) For any day during the Fixed Price Term where the Total Daily Gas Requirement is equal to or above the Fixed Quantity, the Buyer shall pay the Seller the Fixed Quantity Payment, which shall be: (i) Fixed Price for the Page 25 of 28 Fixed Quantity plus (ii) Index Price for the amount of the Total Daily Gas Requirement that exceeds the Fixed Quantity. Where, "Index Price" is defined in Article II, subsection 2 Fixed Price Option B - Fixed Henry Hub Price with floating Basis: The Fixed Price for the Fixed Quantity shall be (i) Fixed Henry Hub Price plus (ii) Adder plus (iii) Actual Basis Fixed Quantity - no more than 5,000 MMBtu per day Fixed Price Term - TBD Fixed Henry Hub Price - $X.XX per MMBtu Adder - As per contract paragraph I11.2.a. Where, "Actual Basis" shall mean (i) HSC Index minus (ii) Daily Henry Hub Index "Daily Henry Hub Index" shall mean the price per MMBtu posted in Platts, Gas Daily, under the headings "Daily Price survey ($/MMBtu)", in the section "Louisiana/Southeast", in the row "Henry Hub" and in the column titled "Midpoint". "HSC Index" shall have the meaning as defined in Article II, subsection 2 (A) For any day during the Fixed Price Term where the Total Daily Gas Requirement is below the Fixed Quantity, the Buyer shall pay the Seller the Fixed Quantity Payment, which shall be: (i) Fixed Price for the Total Daily Gas Requirement plus or minus (ii) applicable Usage Shortfall Payment. If the Usage Shortfall Payment is positive, Buyer shall pay Seller the Usage Shortfall Payment and if the Usage Shortfall Payment is negative, Seller shall pay Buyer the absolute value of the Usage Shortfall Payment. Where, "Usage Shortfall Payment" shall mean (i) Usage Shortfall multiplied by (ii) Net Liquidation Value. "Usage Shortfall" shall mean (i) Fixed Quantity minus (ii) Total Daily Gas Requirement Page 26 of 28 "Net Liquidation Value" shall mean (i) Fixed Henry Hub Price minus (ii) Daily Henry Hub Index (B) For any day during the Fixed Price Term where the Total Daily Gas Requirement is equal to or above the Fixed Quantity, the Buyer shall pay the Seller the Fixed Quantity Payment, which shall be: (i) Fixed Price for the Fixed Quantity plus (ii) Index Price for the amount of the Total Daily Gas Requirement that exceeds the Fixed Quantity. Where, "Index Price" is defined in Article II, subsection 2 Page 27 of 28 Exhibit E Sample - Fixed Price Confirmation The parties hereby agree: Fixed Quantity - MMBtu per day Fixed Price Term - Fixed Henry Hub Price - $ per MMBtu Fixed HSC Price - $ per MMBtu Fixed Price Option Type: Option A (Fixed HSC Price) _ Option B (Fixed Henry Hub Price) AGREED TO BY: BUYER: CITY OF CORPUS CHRISTI SELLER: NextEra Energy Power Marketing LLC City Manager Date: Date: Attest: Rebecca Huerta City Secretary Approved as to form: This day of , 2016 Miles Risley City Attorney By: Lisa Aguilar Assistant City Attorney Page 28 of 28 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-76865 Date Filed: 06/27/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. NextEra Energy Power Marketing, LLC Juno Beach, FL United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi, TX 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. RFP No. 12 Natural Gas Supply to City 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Van Camp, Stacey Houston, TX United States X Ridder, Allison Juno Beach, FL United States X North, Jack 1 Corpus Christi, TX United States X Marye, David Houston, TX United States X Guerra, Michael Houston, TX United States X Wall, Jr., Lawrence Houston, TX United States X NextEra Energy Resources, LLC Houston, TX United States X iievier+QW By Legal 5 Check only if there is NO Interested Party. L l 6 . WO.. aisl AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. �a��;Yi4'��.i MIA FIGUEROA ': Notary Public, Slate of Texds , 4'Comm. Expires 01-14.2020 ''4 o Notary 10 126033175 --••~ ,Hit _ Siri ti • of authorized hent of contracting business entity J AFFIX NOTARY STAMP / SEAL ABOVE -176 Sworn to and subscribed before me, by the said O CCU-- , this the 1D day of �I�Mk—. 20 !LO , to certify which, witness my hand and seal of office. illiagar. - -..-..All - .. . i i. .- of offic . i !storing oath Printed name of officer dministering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 AGENDA MEMORANDUM City Council Meeting of July 19, 2016 DATE: June 30, 2016 TO: Margie C. Rose, City Manager FROM: Ethics Commission Ethics Commission Ethics Code Recommendations OUTSIDE PRESENTER(S): Name 1. Dr. Haysam Dawod BACKGROUND: Title/Position Chair Organization Ethics Commission The Ethics Commission has completed its review of the Ethics Code and is recommending the following changes: Remove Section 2-311(4) which currently allows Council, but prohibits employees and board members, from using the prestige of their position with the City on behalf of any political party or cause. Amend Section 2-311 (8) (A) which currently prohibits City officials, employees, and board members from taking action on a matter before them that benefits any of their "relatives". The term "relatives" is currently defined as spouse, parents, children, siblings, spouses of children, spouses of siblings. The proposed amendment would expand the "circle of influence" to also grandparent, grandchildren, clients, members of households, outside employer of spouse or member of household, entities in which any of the relatives listed has an economic interest or entity in which the City official serves in policy making position. Add new Section 2-311(8)(B) to prohibit any City employee/official or their family member or friend from profiting from privileged information discussed in confidential city meetings. Add new Section 2-311(8)(E ) to prohibit a city official from using their position to influence a contract or business transaction before the City involving an individual or organization who contributed $2,700 or more to the official's most recent election campaign. Adds new Section 2-311 (16) to prohibit use of confidential information other than for performing official duties. Also Adds new Section 2-311 (17) to prohibit disclosure of confidential information relating to city affairs. Confidential information is any information not available to the public under the Texas Public Information Act and also any information from a closed session meeting. Amends Section 2-311 (21) by adding new subsection (E) to prohibit participation in appointments if the person contributed $2,700 or more to most recent election campaign. Amends Section 2-316 by adding new subsection (D) to prohibit person from registering as a lobbyist within 2 years of City service. Amends Section 2-316 (a) (3) to codify Ethics Commission current practice in reviewing annual financial disclosure statement, to request additional information regarding possible conflict of interest. Amends Section 2-330 to expand "Rules of Conduct" for which an ethics complaint may be filed, to expand to include a violation of the Preamble to the Code of Ethics. LIST OF SUPPORTING DOCUMENTS: PowerPoint — Code of Ethics Presentation July 19, 2016 Draft Ordinance Code of Ethics Recommendations Ethics Commission City Council Presentation July 19, 2016 Section 2-311 (4) - Special Privileges C: "Unless you are a council member, you shall not use the prestige of your position with the city on behalf of any political party or cause." EC: Recommend removal. C: Current M: Mureen Report EC: Ethics Comm. Section 2-311 (8) (A) Conflict of Interest Expand "circle of influence" C: Employee/Official, spouse, parent, child, siblings, in-laws M: Grandchildren/grandparents Clients Members of household Employers & Employers of spouse/child/parent/household Entity in which official has policy making position Official/spouse offered/sought employment 1 yr Official/spouse ongoing business negotiations with entity Section 2-311 (8) (A) Conflict of Interest Expand "circle of influence" - continued City official or employee shall not take any action and shall not fail to take any action related to their position that is likely to affect the economic interest of anyone within the expanded circle of influence. EC: Recommend following Mureen recommendation Section 2-311 (8) regarding conflict of interest, new subsection (B) EC: "No city employee, city official, appointed or elected, family member, friend, or business associate of a city employee or city official appointed or elected should profit from privileged information discussed in confidential city meetings. Any council member already involved in any city projects should immediately recuse themselves from any Executive Session council meetings as well as City Council votes where such matters are being discussed." 5 Section 2-311 (8)regarding conflict of interest, new subsection (E) EC: "Elected city officials may not use their position to influence the action of a city official or city employee in the performance of their duties related to a contract or business transaction involving an individual or organization who contributed $2,700 or more to the official's campaign contributions during the most recent election either directly, or indirectly via a third party." New Sections 2-311(16) and (17) — Confidential Information Current 2-311 (13): "You shall not disclose information that could adversely affect the property or affairs of the city, except as required by law." M: 1) Do not use official position to obtain official information about a person other than for performing official duties. 2) Do not disclose confidential information relating to city affairs that you obtain through your position. EC: Recommend following Mureen recommendation Section 2-311 ( 21)regarding appointments, new subsection (E) C: 2-311 (19) Prohibits council participation in appointments EC: 2-311(21) renumbered and the following paragraph added (E) Contributed $2,700 or more to your total campaign contributions during the previous election. Section 2-316 Lobbyist — new subsection D EC: new subsection added "D. A person may not register as a lobbyist with the City for a period of two years from end of City service." Section 2-326 (a) (3) Ethics Commission duties regarding financial disclosure reports EC: Codifies the current EC practice "Review all financial disclosure reports which are filed with the City pursuant to this Article. If the commission identifies a possible conflict of interest or needs further disclosure from its review of the financial disclosure report, the commission shall notify the filing official to request additional information regarding the possible conflict of interest." Section 2-330 expand "Rules of Conduct" to include provisions of the Preamble to the Code of Ethics EC: "A sworn complaint alleging violation of the code of ethics shall specify the provisions of the Rules of Conduct (Section 2- 310 and Section 2-311) alleged to have been violated and facts alleged to constitute the violation. Draft Ordinance amending the City's Code of Ethics BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That City Code of Ordinances, Chapter 2, Article V, regarding the Code of Ethics, Division 1, Rules of Conduct, is revised. The deleted text is shown in redlined form, with the new text shown in underlined text. DIVISION 1. - RULES OF CONDUCT Sec. 2-310. - Preamble. The purpose of this code of ethics is to promote public trust by establishing rules of conduct for city council members, board members, and employees; by providing a fair process for receiving and adjudicating complaints; and by requiring periodic financial disclosure. The rules of conduct form the basis for possible sanctions, and are therefore intended to clearly define proper conduct so that those who must comply may understand the rules and carry out their responsibilities consistently with the rules. It is recognized that situations with ethical implications will arise outside the prohibitions of the rules; in such situations, council members, board members, and employees are encouraged to keep in mind the ideal of the public trust and to conduct themselves in a manner to avoid the appearance of impropriety even where not compelled by the rules. If a council member believes that he/she should abstain from voting on an item to avoid the appearance of impropriety, as encouraged by this code of ethics Ordinance, or who in discussing or voting on an issue is unable to take an unbiased position, that council member shall be disqualified from discussions about and subsequent voting for that item under this city ordinance. The city recognizes that city council members are also members of the society and, therefore, cannot and should not be without any personal and economic interest in the decisions and policies of government; that city council members retain their rights as citizens to interests of a personal or economic nature and their rights to publicly express their views on matters of general public interest. It is not the intent of this ordinance to diminish the rights of city council members as citizens of the community. However, city council members may not use their positions in dealing with the city manager or city employees to advance their personal economic interest, their families' economic interest, or the entities in which they have a substantial interest. (Ord. No. 23772, § 1, 9-21-1999; Ord. No. 028170, § 1, 5-12-2009; Ord. No. 028271, § 2, 8-18-2009; Ord. No. 029428, § 1, 3-27-2012) Sec. 2-311. - Standards. The following rules of conduct apply to all council members, board members, and employees: Special privileges. 2 (1) You shall not use your office for private advancement or gain or to secure special privileges or exemptions for yourself or others. (2) You shall not grant any special consideration, treatment or advantage to any person or group beyond that which is available to others generally. (a) You shall not use city facilities, personnel, equipment or supplies for purposes unrelated to the interests of the city, except to the extent such are lawfully available to the public. Notwithstanding the foregoing sentence, Corpus Christi police officers, airport public safety officers and municipal court marshals may wear their city -issued uniforms, badges, and other uniform attire, may use their city -issued radios, and may carry their city -issued weapons, on approved off-duty law enforcement employment; and Corpus Christi fire fighters may wear their city - issued uniforms, badges, and other uniform attire, and use their city -issued radios on approved off-duty fire watch employment. (b) You may not spend or authorize the spending of public funds for political advertising. This prohibition does not apply to a communication that factually describes the purposes of a measure if the communication does not advocate passage or defeat of the measure. This paragraph shall be construed consistently with Texas Election Code Section 255.003. (3) (�) Unles you are a council member, you shall not use the prestige of your position with the city on behalf of any political party or cause. (5)(4) You shall maintain appropriate relationships with other officials, employees, customers, defendants, and individuals receiving services from you or your organizational unit, and shall not use your position to engage in any inappropriate personal relationships. Gifts: (6)L5j. You shall not accept or solicit any money, property, service or other thing of value by way of gift, favor, loan or otherwise that might reasonably tend to influence you in the discharge of your official duties or which you know or should have known was offered with the intent to influence or reward your official conduct. (7) (a) Special applications. Subsection 2-311( x') does not include: (1) A gift to a city official or employee relating to a special occasion, such as a wedding, anniversary, graduation, birth, illness, death, or holiday, provided that the value of the gift is fairly commensurate with the occasion and the relationship between the donor and recipient; (2) Advancement for or reimbursement of reasonable expenses for travel in connection with official duties provided by third parties must be disclosed in the travel report; payment for or reimbursement of expenses for travel in excess of authorized rates under city policy will be treated as a personal gift to the official or employee for any applicable reporting requirement; A public award or reward for meritorious service or professional achievement, provided that the award or reward is reasonable in light of the occasion and it is not prohibited under Texas Penal Code Section 36.08 (Gift to Public Servant by Person Subject to His Jurisdiction); (4) A loan from a lending institution made in its regular course of business on the same terms generally available to the public; (3) (7) 3 (5) A scholarship or fellowship awarded on the same terms and based on the same criteria that are applied to other applicants; (6) Any solicitation for civic or charitable causes; (7) Admission to an event in which the city official or employee is participating in connection with his or her spouse's position; (8) Ceremonial and protocol gifts presented to city officials from a foreign government or international or multinational organization and accepted for the City of Corpus Christi; Admission to a widely attended event, such as a convention, conference, symposium, forum, panel discussion, dinner, viewing, reception or similar event, offered by the sponsor of the event, and unsolicited by the city official or employee, if attending or participating in an official capacity, including: (A) the official or employee participates in the event as a speaker or panel participant by presenting information related to matters before the city; or (B) the official or employee performs a ceremonial function appropriate to that individual's position with the city; or (C) attendance at the event is appropriate to the performance of the official duties or representative function of the official or employee; (10) Admission to a charity event provided by the sponsor of the event, where the offer is unsolicited by the city official or employee; (11) Admission to training or education program or other program, including meals and refreshments furnished to all attendees, if such training is related to the official or employee's official duties and the training is in the interest of the city. In the event you receive any gift or loan of property or services on behalf of the city, you shall promptly deliver such gift or loan to the city manager for official acceptance and inventory of the city. (9) Conflicts of interest: comcs bcforc you in thc performancc of your official dutics, you shall takc thc following Vis: (i) Immcdiatcly makc a writtcn disclosurc of your intcrcst in thc mattcr to (ii) Abstain from any votc or dccision. council, thc city managcr, or city cmployccs. cmploycc in thc performancc of thcir dutics rclatcd to a contract or busincss transaction in which you or one of your rclativcs havc a conflict of intcrcst or potcntial conflict of intcrcst. 4 (8) (A) General rule. To avoid the appearance and risk of impropriety, a City official or employee shall not take any action or fail to take any action related to their position that is likely to affect the economic interests of: 1. The official or employee; 2. His or her parent, child, spouse, or other family member within the second degree of consanguinity or affinity; 3. His or her outside client; 4. A member of his or her household; 5. The outside employer of the official or employee or of his or her parent, child (unless the child is a minor), spouse, or member of the household (unless member of household is a minor); 6. An entity in which the official or employee knows that any of the persons listed in Subsections (8)(Aa)1{-1-)or (8)(Aa)2{24 holds an economic interest as that term is defined herein; 7. An entity which the official or employee knows is an affiliated or partner of an entity in which any of the persons listed in Subsections (8)(Aa)1{4) or (8)(A)(024 holds an economic interest as defined herein 8. An entity for which the City official or employee serves as an officer or director or in any other policy making position; e -r 9. A non-profit board to which the official or employee is appointed by the City Council or City management to represent the best interests of the City, if the action by the City official or employee as a member of the board is related to an item pertaining to the City, and the City official or employee would be involved in the negotiation, development or implementation of that item on behalf of the City; or 10. A person or entity with whom, within the past twelve (12) months: a. The official or employee, or his or her spouse, directly or indirectly has: 1) Solicited an offer of employment for which the application is still pending; 2) Received an offer of employment which has not been 5 refected: or 3) Accepted an offer of employment; or b. The official or employee, or his or her spouse, directly or indirectly engaged in negotiations pertaining to business opportunities, where such negotiations are pending or not terminated. (B) No city employee, city official, appointed or elected, family member, friend, or business associate of a city employee or city official appointed or elected should profit from privileged information discussed in confidential city meetings. Any council member already involved in any city projects should immediately recuse themselves from any Executive Session meetings as well as City Council votes where such matters are being discussed. (C) Recusal and disclosure. A City official or employee whose conduct would otherwise violate Subsection (8)(A) or (8) (B) must recuse himself or herself. From the time that the conflict is, or should have been recognized, he or she shall: (1) Immediately refrain from further participation in the matter, including discussions with any persons likely to consider the matter; and (2) Promptly file with the City Secretary the appropriate form for disclosing the nature and extent of the prohibited conduct. In addition: (3) A supervised employee shall promptly bring the conflict to the attention of his or her supervisor who will then, if necessary, reassign responsibility for handling the matter to another person; and (4) A member of a board shall promptly disclose the conflict to other members of the board and shall not be present during the board's discussion of, or voting on, the matter. (D) Definitions. For purposes of this rule in subsection (8): (1) An action 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. (2) The term "client" includes business relationships of a highly personalized nature, but not ordinary business -customer relationships. (3) A relationship by "affinity" (by marriage) is defined in Government Code Sections 573.024 and 573.025. (4) A relationship by "consanguinity" is defined in Government Code Sections 6 573.022 and 573.023. (5) For purposes of this subsection (8), the term "official" includes the following persons: The Mayor; Members of the City Council; Municipal Court Judges and Magistrates; C ity Manager; Deputy City Manager; Assistant City Managers; Assistants to the City Manager; City Secretary; Deputy City Secretary; Assistant to the City Secretary; Municipal Court Clerk, Deputy Court Clerks; All department heads and assistant department heads; Internal Auditor and all Assistant Internal Auditors; Assistant to Mayor; Executive secretaries; and Members of all boards, commissions (except the Youth Commission whose members are minors), committees, and other bodies created by the City Council pursuant to federal or state law or City ordinance, including entities that may be advisory only in nature, who are appointed by the Mayor, the City Council, or who are designated in the by-laws or organization papers of the entity to serve on behalf of the City; and board members of any entity who are appointed by the Mayor or City Council to such board membership. This list is updated annually by the Human Resources Department. All updates are incorporated into this Code without further action by the City Council. The Human Resources staff shall provide the list annually to the City Council and City Secretary. The City Secretary shall promptly post it on the City's ethics webpage. (E) Elected city officials may not use their position to influence the action of a city official or city employee in the performance of their duties related to a contract or business transaction involving an individual or organization who contributed $2,700 or more to the official's campaign contributions during the most recent election either directly, or indirectly, via a third party. (0) (FG) If you were initially not aware that you or a relative has a conflict or potential conflict of interest, you must comply with {-7-4,4) (8) (--B4 LC as soon as you become aware that you have or should have been aware that you have the conflict or potential conflict of interest. (D) However, you may apply for city services or discuss your personal interest with a city representative on behalf of your own interest if you notify the city secretary and city manager in writing that you have a personal interest in a matter that requires action by the city, and that you are acting strictly in your private capacity, and not as a member of the city council or board or as a city employee and you advise any member of the city council, city board or commission, or any city employee you are dealing with that you are appearing only in your private capacity. 7 (9) You shall not engage in any outside activities or employment which will conflict or be incompatible with the full and proper discharge of your official duties, impair your independent judgment in the performance of your duties, or reflect discredit upon the city. (10) You shall not represent any other private person, or group or interest in any action or proceeding against or adverse to the interest of the city or in any litigation in which the city is a party. (11) You shall not represent any other private person or group in any action or proceeding in the municipal courts of the city which was instituted by city officers or employees in the course of their official duties. (12) You shall not receive any fee or compensation for your official services from any source other than the city except as may be provided by law or authorized by the city council. Actions adverse to the city: (13) You shall not disclose information that could adversely affect the property or affairs of the city, except as required by law. (14) You shall not knowingly perform or refuse to perform any act in order to deliberately thwart the execution of federal, state or local laws or regulations or the achievement of any official city programs. (15) You shall not engage in any felony crime, misdemeanor involving moral turpitude, or other conduct that reflects discredit on the city. Confidential Information 1 (516) Improper access. A City official or employee shall not use his or her position to obtain official information about any person or entity for any purpose other than the performance of official duties. (4417) Improper disclosure or use. A City official or employee or former City official or employee shall not intentionally, knowingly, or recklessly disclose any confidential government information gained by reason of said official's or employee's position concerning the property, operations, policies or affairs of the City. This rule does not prohibit: (1) Any disclosure that is no longer confidential by law; or (2) The confidential reporting of illegal or unethical conduct to authorities designated by law. For purposes of this subsection (1617), "confidential government information" includes all information held by the City that is not available to the public under the Texas Public Information Act and any information from a meeting closed to the public 8 pursuant to the Texas Open Meetings Act, unless disclosure is permitted under the Open Meetings Act. Provisions for council members: 46 (18) As a city council member, individually, you shall not have a substantial interest in any contract with the City of Corpus Christi. (17)(19) In order to preserve and promote independent advice and decisions from city boards and the integrity of the independent board process as a council member, you shall not speak before any city board, commission or committee except on behalf of your own financial interest; in which case, you shall publicly state the nature of your financial interest and that you are appearing only in your private capacity. {x8 (20) As a council member, you shall not give any orders to any employee except through the city manager as provided by the City Charter. 494(21) As a council member, you shall not participate in the process for the appointment of or the confirmation of the appointment of a member to a board, commission or committee of the city, or to the governing body of an independent entity all or part of whose members are appointed by the city council, after you are aware that an individual seeking, being promoted for, or being considered for the position: {-1--)(A) Is related to you within a degree described by Section 573.002, Texas Government Code; (2)(B) Is your employer; (3)(C) Is a director or officer of a business entity (as defined in Section 171.001, Texas Local Government Code) which is your employer;GF {4}(D) Owns ten (10) per cent or more of the voting stock or shares of a business entity which is your employer; or € (E) Contributed $2,700 or more to your total campaign contributions during the previous election. Provisions for board members: {29(22) As a board member, you shall not have a substantial interest in any contract with the city in which your board or commission, or the city department related thereto, has jurisdiction. (21 )(23) As a board member, you shall not represent or appear on behalf of the private interest of others before your board, commission or committee, the city council, or any board which has appellate jurisdiction over your board, commission or committee, 9 concerning a matter which is within the subject matter jurisdiction of your board. (This rule does not prohibit you from appearing on behalf of your own financial interest even though others may have the same or a similar interest.) Provisions for employees: {22)(24) As an employee you shall not have an interest in any contract with the city. This prohibition does not include any employment contract which may be authorized for the employee, a contract of sale for real property or a contract for services which are available for all citizens. {2-3}(25) Unless previously recommended by the city manager, and approved by the ethics commission, as an employee, you shall not, within twelve (12) months after leaving city employment, represent any other person or organization in any formal or informal appearance with the city council or any other agency or employee of the city concerning a project for which you had responsibility as an employee. {244(26) As an employee, you shall not represent or appear on behalf of the private interest of others before the city council or any board, commission or committee of the city. (This rule does not prohibit you from appearing on behalf of your own financial interest even though others may have the same or a similar interest). {254(27) As an employee, you may not be employed by any business or individual who has business dealings with or for your department, including any work that is subject to review or inspection by your department, even if you do not personally review or inspect the work of the business or individual. {264 (al As an employee, you may not violate the confidentiality or privacy of an individual, including a juvenile and adult defendants or detainees or juvenile clients being counseled through a city program, unless it is to seek emergency assistance or consultation services from within the city's program or school campus; the individual has threatened to harm themselves or others; or to provide details of any criminal activity or enterprise. (Ord. No. 20781, § 1, 9-19-1989; Ord. No. 20913, § 1, 5-1-1990; Ord. No. 23772, § 2, 9-21- 1999; Ord. No. 24613, § 1, 10-9-2001; Ord. No. 025769, § 1, 5-25-2004; Ord. No. 027642, § 1, 4-8-2008; Ord. No. 028170, § 1, 5-12-2009; Ord. No. 028271, § 2, 8-18-2009; Ord. No. 029428, § 1, 3-27-2012; Ord. No. 029467, § 1, 5-8-2012) Sec. 2-312. - Definitions. The following definitions apply to the above rules of conduct: Board member: A member of any board, commission or committee of the city, including the board of any corporation created by the city. Conflict of interest: Any interest, reasonable expectation of an economic benefit, substantial interest, or anticipated substantial interest in a matter or business transaction involving the city that could influence an individual's ability to make an impartial decision. Economic benefit: An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. Employee: Any person employed by the city, whether under civil service or not, including part-time employees and employees of any corporation created by the city. 10 Interest: Any direct or indirect pecuniary or material benefit in a contract or transaction other than: (1) An interest which is shared by and available to all other persons similarly situated; or (2) A remote or incidental interest which would not increase or decrease materially due to the action of the city or is less than two hundred dollars ($200.00) in value; or An interest of a subcontractor which has no direct contractual relationship with the city, is receiving fair and reasonable compensation, and is not operating as a subterfuge to circumvent the code of ethics; or (4) An interest in real property acquired by the city which could otherwise be accomplished only through eminent domain provided that the property must be acquired for a public purpose and just compensation must be paid under the Texas Constitution after obtaining an independent appraisal. Relative: Spouse, father, mother, brother, sister, son, daughter, spouse's children, father-in- law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law and adoptive relationships being treated the same as natural relationships. Substantial interest: Any interest in a business entity if the person or relative owns ten (10) per cent or more of voting stock or shares of the business entity or owns ten (10) per cent or more or five thousand dollars ($5,000.00) or more of the fair market value of the business entity or funds received from the business entity exceeds ten (10) per cent or more of the person's gross income for the previous year. A person has a substantial interest in real property if he or his relative controls or has an equitable or legal ownership interest with a fair market value of two thousand five hundred dollars ($2,500.00) or more. (3) (Ord. No. 20781, § 1, 9-19-1989; Ord. No. 028170, § 2, 5-12-2009; Ord. No. 028271, § 3, 8-18- 2009; Ord. No. 029428, § 1, 3-27-2012) Sec. 2-313. - Effect of violation. A violation of these rules of conduct shall subject the council member, board member or employee to appropriate disciplinary proceedings, but such violation shall not render the action of the city voidable by the city unless the action would not have been approved without the vote of the person who violated the rules of conduct. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-314. - Exceptions to abstention requirement. The requirement that a council member or board member abstain from voting on a matter or participating in discussion as contained in rule 7 of the rules of conduct shall not apply in the following situations, provided that such person has complied with the requirements of written disclosure of the interest: (a) In the event a majority of the members of the council or the board, commission or committee have filed a written disclosure of a conflict of interest on the matter and would be required to abstain; or (b) On the final approval of the budget when the person has abstained from a separate vote taken on the particular budget item pertaining to the conflict of interest and action or that particular item has been resolved. 11 (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-315. - Freedom of expression. Nothing contained in the code of ethics shall abridge the right of any citizen, whether or not a council member, board member or employee, to exercise his or her right of expression under the U.S. or Texas Constitutions. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-316. - Lobbyist registration. Subsection A. Persons required to register as lobbyists. (a) A person who engages in lobbying must register with the city secretary if, with respect to any client, the person engages in lobbying activities for compensation. City officials shall not engage in discussions with any lobbyists who terminated City service within two years of such discussions. (b) The following persons are not required to register under subsection (a): (1) Media outlets. A person who owns, publishes or is employed by: (A) a newspaper; (B) any other regularly published periodical; (C) a radio station; (D) a television station; (E) a wire service; or (F) any other bona fide news medium that in the ordinary course of business disseminates news, opinions, or paid advertisements that directly or indirectly oppose or promote municipal questions to seek to influence official action relating thereto, if the person does not engage in other activities that require registration under Part E. This subsection does not exempt the news media or a person whose relation to the news media is only incidental to a lobbying effort or if a position taken or advocated by a media outlet directly impacts, affects, or seeks to influence a municipal question in which the media outlet has a direct or indirect economic interest. (2) Mobilizing entity constituents. A person whose only lobbying activity is to encourage or solicit the members, employees, or owners (including shareholders) of an entity by whom the person is compensated to communicate directly with one or more city officials to influence municipal questions. This exception is intended to apply to neighborhood and other similar not-for-profit organizations. (3) 12 Governmental entities. Governmental entities and their officers and employees, provided the communications relate solely to subjects of governmental interest concerning the respective governmental bodies and the city. (4) Unknown municipal questions. A person who does not know and has no reason to know that a municipal question is pending at the time of contact with a city official. Dispute resolution. An attorney or other person whose contact with a city official is made solely as part of resolving a dispute with the city, provided that the contact is solely with city officials who do not vote on or have final authority over any municipal question involved and so long as such an attorney complies with Rule 4.02 of the Texas Disciplinary Rules of Professional Conduct, as amended. (5) Subsection B. Definitions. The following words and phrases have the meaning ascribed to them in this section unless the context requires otherwise: (a) City official means the members of the city council, city manager, deputy and assistant city managers, city secretary, city attorney, assistant city attorneys, department heads, municipal court judges, and all members of any board, commission or committee of the city, including the board of any corporation created by the city. (b) Client means any person on whose behalf lobbying is conducted. In the case of a coalition or association that employs or retains other persons to conduct lobbying activities, the client is the coalition or association and not its individual members. (c) Compensation means money, service, facility or other thing of value or financial benefit that is received or is to be received in return for or in connection with services rendered or to be rendered. Compensation does not include a payment made to any individual regularly employed by a person if (1) the payment ordinarily would be made regardless of whether the individual engaged in lobbying activities and (2) lobbying activities are not part of the individual's regular responsibilities to the person making the payment. Compensation does not include the financial gain that a person may realize as a result of the determination of a municipal question, unless that gain is in the form of a contingent fee. (d) Lobby or lobbying means any oral or written communication (including an electronic communication) to a city official, made directly or indirectly by any person in an effort to influence or persuade an official to favor or oppose, recommend or not recommend, vote for or against, or take or refrain from taking action on any municipal question. The term lobby or lobbying does not include a communication: (1) merely requesting information or inquiring about the facts or status of any municipal question, matter, or procedure, and not attempting to influence a city official; (2) made by a public official or employee acting in his or her official capacity; (3) made by a representative of a media organization if the purpose of the communication is gathering and disseminating news and information to the public; (4) made in a speech, article, publication, or other material that is distributed and made available to the public, or through radio, television, cable television, or any other medium of mass communication; 13 (5) made at a meeting open to the public under the Open Meetings Act; (6) made in the form of a written comment filed in the course of a public proceeding or any other communication that is made on the record in a public proceeding; made in writing as a petition for official action and required to be a public record pursuant to established city procedures; (8) made in writing to provide information in response to an oral or written request by a city official for specific information; the content of which is compelled by law; (7) (9) (10) made in response to a public notice soliciting communications from the public and directed to the official specifically designated in the notice to receive such communications; (11)made on behalf of an individual with regard to that individual's employment or benefits; (12) made by a fact witness or expert witness at an official proceeding; or (13) made by a person solely on behalf of that individual, his or her spouse, or his or her minor children. (e) Municipal question means a public policy issue of a discretionary nature pending or impending before city council or any board or commission, including but not limited to proposed action, or proposals for action, in the form of ordinances, resolutions, motions, recommendations, reports, regulations, policies, nominations, appointments, sanctions, and bids, including the adoption of specifications, awards, grants, or contracts. The term municipal question does not include the day-to-day application, administration, or execution of city programs and policies. Subsection C. Registration. (a) A registration form shall be completed and filed by a person required to register prior to the commencement of lobbying activity for a client. (b) A separate registration form must be filed for each client. (c) The registration shall be on a form prescribed by the city secretary and shall include, to the extent applicable: (1) the full name, phone number, permanent address, and nature of the business of: (A) the registrant; (B) the client; (C) any lobbying firm for which the registrant is an agent or employee with respect to the client; and (D) each employee or agent of the registrant who has acted or whom the registrant expects to act as a lobbyist on behalf of the client; (2) a statement of all municipal questions on which the registrant will lobby for the client. (d) A registrant shall file an amended registration if the information contained in the current registration changes or is incorrect. (e) A registrant may file a termination of registration when no longer required to register. 14 Subsection D. A person may not register as a lobbyist with the City for a period of two years from end of City service. (Ord. No. 23772, § 3, 9-21-1999) Secs. 2-317-2-319. - Reserved. SECTION 2. That City Code of Ordinances, Chapter 2, Article V, regarding the Code of Ethics, Division 2, Ethics Commission, Section 2-326, Duties, is amended to clarify the Commission's duties with financial disclosure reports. In addition, Section 2-330, Complaints, is amended to identify that Rules of Conduct includes the Section 2-310 preamble section. The deleted text is shown in redlined form, with the new text shown in underlined text as follows: DIVISION 2. - ETHICS COMMISSION Sec. 2-320. - Establishment. An ethics commission is created and shall consist of nine (9) members. The city council shall solicit nominations for the ethics commission from a wide variety of professional and community organizations in the city. Interested individuals may also submit their names for consideration. Members of the commission may not hold or be a candidate for any city elected or appointed office. The city council shall appoint the members of the ethics commission by a two-thirds (2/3) vote of the full council. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-321. - Terms. Members shall hold office for three-year terms commencing October 1. In order to establish staggered terms, however, the initial terms of three (3) members shall be one year, and the initial terms of another three (3) members shall be two (2) years. The persons serving such shorter terms shall be determined by lot. No holding over is permitted except as expressly provided in this code of ethics. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-322. - Removal. In addition to the council's usual powers of removal, members of the commission may be removed by a majority of the council for cause. In considering a complaint filed with the city secretary or on its own initiative, the council may follow the procedures hereinafter set forth regarding the disposition of such alleged violations. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-323. - Vacancies. All vacancies shall be filled for the unexpired terms. A member shall hold office until his successor has been appointed, and shall continue to hold office after his successor has been appointed for the limited purpose of disposition of all complaints filed and for which presentation of evidence was commenced during that member's term. 15 (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-324. - Chairperson; quorum. The commission shall elect a chairperson and a vice -chairperson. The vice -chairperson shall act as chairperson in the absence of the chairperson or in the event of a vacancy in that position. The officers of the commission shall serve one-year terms. A majority of the members of the commission shall constitute a quorum. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-325. - Meetings. The commission shall have such meetings as may be necessary to fulfill its responsibilities. The chairperson or any three (3) members may call a meeting provided that reasonable notice is given to each member. The commission shall meet at least once a year. The date of the annual meeting shall be in September as set by the commission. The commission shall comply with the Texas Open Meetings Act. (Ord. No. 20781, § 1, 9-19-1989; Ord. No. 23460, § 1, 10-13-1998; Ord. No. 24614, § 1, 10-9- 2001) "Sec. 2-326. - Duties. (a) The commission shall, in addition to its other duties: (1) Review all proposed changes to this ordinance and make recommendations to city council before being placed on a city council agenda for action. (2) Prepare and publish pamphlets and other materials explaining the duties of individuals subject to the code of ethics. Such materials shall include instructions to the public about how to obtain information such as financial disclosures, campaign reports, and the like from the city. Review all statements and financial disclosure reports which are filed with the city pursuant to this Article. If the commission identifies a possible conflict of interest or needs further disclosure from its review of the financial disclosure report, the Commission shall notify the filing official to request additional information regarding the possible conflict of interest. (3) (4) Annually review the code of ethics and make appropriate recommendations to the city council after conducting a public hearing on any such recommendations. (5) Review all public opinions related to the code of ethics that are issued by the city attorney. (6) Prepare and disseminate a report listing all campaign contributions and expenditures for each candidate within thirty (30) days following the deadline for 16 filing the last campaign finance reports for each city council election. For the purposes of this provision, a general election and run-off election shall be considered as a single city council election. (b) The commission may: (1) Adopt rules of procedure for the conduct of its business and to carry out the provisions of the code of ethics, consistent with the code of ethics and other applicable law. (2) Prepare reports and studies to advance the purposes of the code of ethics. (3) Request the city council and city manager to provide such assistance as it may require in the discharge of his duties. (Ord. No. 20781, § 1, 9-19-1989; Ord. No. 028271, § 4, 8-18-2009) Sec. 2-327. - Staffing. The commission shall be assigned staff by the city attorney to assist in its duties. The commission shall also designate independent legal counsel, and when complaints are filed, such independent legal counsel may be utilized to advise the commission and participate in hearings. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-328. - Legal opinions and services. (a) Any council member, employee or board member may submit a written request to the city manager for an opinion concerning the meaning or effect of any section, word or requirement of the code of ethics as it affects such official, employee or board member. The city manager shall submit such request to the city attorney, who will promptly issue a written opinion to the city manager. Such opinion shall be filed with the city secretary with a copy to the requesting person shall constitute an authoritative determination of the meaning of this article, until amended by the council. (b) If a complaint is filed with the ethics commission about any specific action, omission or alleged conflict of interest by the charged person which has been the subject, in whole or in part, of a city attorneys opinion, the independent legal counsel shall act as the commission's attorney on said complaint. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-329. - Jurisdiction of commission. The ethics commission shall have jurisdiction of complaints involving any "city official" which includes the mayor and members of the city council, city manager, deputy and assistant city managers, city secretary, city attorney, department heads, and municipal court judges (including substitute judges), and all members of any board, commission or committee of the city, including the board of any corporation created by the city. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-330. - Complaints. 17 (a) A sworn complaint alleging violation of the code of ethics shall specify the provisions of the Rules of Conduct (section 2-311 or Section 2-310) alleged to have been violated and facts alleged to constitute the violation. In lieu of a complaint sworn to under oath, the complainant may subscribe to the complaint using an unsworn declaration prepared in compliance with the Texas Unsworn Declaration Act, V.T.C.A., Civil Practice and Remedies Code ch. 132, as amended. (b) Upon the complaint of any one (1) person filed with the city secretary's office, the commission shall consider possible violations of the code of ethics by city officials and board members and former city officials and board members other than members of this commission. In addition, the commission shall consider such possible violations when referred to it as a complaint by majority vote of all council members holding office and qualified to vote thereon. The council may direct the city attorney to draft such referred complaint, which shall be reviewed as other complaints hereunder. The council members voting for the complaint shall sign the complaint. (c) A complaint alleging a violation must be filed with the city secretary within six (6) months from the date the complainants knew or should have known of the action alleged as a violation, and not afterward. (d) (1) The city secretary, after receiving a complaint submitted in accordance with subsection (a) above, shall, within three (3) working days, acknowledge receipt to the complainant and provide a copy to the city attorney, the commission, and the person complained against. (2) The person complained against shall have ten (10) calendar days, from receipt of the complaint, to submit a written response to the complaint to the city secretary. (3) The commission shall, not earlier than the time allotted in subsection (d)(2) and not later than thirty (30) calendar days after receipt of a complaint by the city secretary, notify in writing the person who made the complaint and the person complained against whether it intends to schedule a hearing or take other action concerning the complaint. (4) The complainant shall have one (1) opportunity within fifteen (15) calendar days of any denial of their original complaint by the commission to amend their complaint and refile the same with the commission. (e) If the commission determines such party's complaint or defense was groundless, legal fees incurred by the complainants, the commission, and the party complained against, in an amount determined reasonable by the commission may be awarded against the unsuccessful party. "Groundless" means: (1) without basis or fact; or (2) not warranted by law or reasonably arguable interpretation thereof. The complainants shall not be liable for such fees if the commission has determined grounds exist for a hearing. (Ord. No. 20781, § 1, 9-19-1989; Ord. No. 20896, § 1, 3-27-1990; Ord. No. 23772, § 4, 9-21- 1999; Ord. No. 029428, § 1, 3-27-2012; Ord. No. 030573, § 1, 8-11-2015) Sec. 2-331. - Ex parte communications. 18 After a complaint has been filed and during the pendency of a complaint before the commission, a member of the commission may not communicate directly or indirectly with any party or person about any issue of fact or law regarding the complaint, except at a meeting of the commission. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-332. - Hearing. (a) The hearing shall be held as expeditiously as possible following the determination by the commission to conduct a hearing on a particular matter. The commission may grant two (2) postponements, not to exceed fifteen (15) days each, upon the request of the person complained against; provided, however, the commission may also delay commencement of a hearing for good cause such as a hurricane or unavailability of a material witness. (b) The issue at hearing shall be whether the violation alleged in the complaint occurred. The commission shall make its determination based on the preponderance of credible evidence in the record. All witnesses shall testify under oath. Strict rules of evidence shall not be required; however, the commission shall require that all evidence be of such quality that persons customarily rely on in the conduct of serious affairs. If the commission determines that a violation has occurred, it shall state its findings in writing, shall identify the particular provisions which have been violated, and within five (5) working days shall deliver a copy of the findings to the complainants, the person complained against, and the city secretary. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-333. - Oaths. If a complaint proceeds to hearing, the commission may subpoena witnesses to attend and testify, administer oaths, take evidence and subpoena the production of books, papers, records or other evidence needed for the performance of the commission's duties or exercise its powers, including its duties and powers of investigation. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-334. - Sanctions. (a) If the commission determines that a violation occurred, it shall proceed directly to determine its recommendation of appropriate sanctions. The affirmative vote of a majority of the members present at the meeting shall be required for the determination that a violation has occurred and the recommendation any sanction under this code of ethics. The commission may receive additional testimony or statements before considering sanctions, but is not required to do so. (b) If the commission determines that a violation has occurred: (1) Against a council member or against a board member or city official appointed or confirmed by the council, it may recommend to the full city council a reprimand, temporary suspension, removal or any other sanction or corrective action within the power of the city council, or recall by the citizens. (2) Against a city official other than those in subsection (b)(1), it may recommend to the city manager that appropriate action be taken, as deemed necessary by the city manager. (c) In determining its recommendation, the commission shall consider the seriousness of the violation, the importance of deterrence, the impact on public confidence in government, the violations' repeated or isolated nature, the mental state with which the violation was committed, and the prior 19 record of the person complained against. The recommendation shall be reduced to writing and transmitted to the supervisory authority and to the person complained against. (d) If the commission finds that conduct occurred which, if willful, would violate the rules of conduct, but the commission cannot determine that the conduct was a willful violation because of ambiguity as to the meaning of the standard of conduct involved, the commission will recommend no sanction, but will issue a clarifying interpretation to guide future cases. (e) Nothing in the code of ethics shall change or affect the civil service, at will, or other status of any employee, city official, or board member as established by the City Charter and ordinances. The city council or supervisory authority shall consider the recommendation of the commission, but will exercise its own judgment and discretion in determining what action, if any, to take. If the commission determines that a violation of any criminal law has occurred, it shall deliver a copy of its findings to the complainants, the person complained against, and the city attorney, recommending whether prosecution should be initiated or setting forth requirements to be complied with in order that voluntary compliance requirements may be had. Said findings shall also be delivered to the county attorney or district attorney, if a violation may be within their jurisdiction. (f) (g) (Ord. No. 20781, § 1, 9-19-1989; Ord. No. 030573, § 1, 8-11-2015) Secs. 2-335-2-339. - Reserved. DIVISION 3. - FINANCIAL DISCLOSURE Sec. 2-340. - Required reports. On or before the last Friday of April of each year, reporting officials shall file with the city secretary an annual report of financial information covering January 1 through December 31 of the previous year. Council members and planning commission members shall also file with the city secretary a supplemental report of financial information by the last Friday of July of each year covering the most recent January 1 through June 30. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-341. - Definitions. The following definitions shall apply to these financial disclosure provisions: Person: An individual, proprietorship, firm, partnership, joint venture, syndicate, trust, company, corporation, association, committee, estate, receiver, entity or any other organization or group of persons acting in concert, whether profit or nonprofit. Relative: Spouse, father, mother, brother, sister, son, daughter, spouse's children, grandfather, son- in-law, daughter-in-law, grandmother, uncle, aunt, nephew, niece, grandson, granddaughter, first cousin, father-in-law, mother-in-law, brother-in-law, sister-in-law, grandfather -in-law, grandmother -in-law, uncle by marriage, aunt by marriage, nephew's wife, niece's husband, grandson -in-law, granddaughter -in-law, and first cousin's spouse, adoptive relationships being treated the same as natural relationships. Reporting official: The mayor and members of the city council, city manager, deputy and assistant city manager, city secretary, city attorney, department heads, municipal court judges (including substitute judges), and all members of the planning commission, ethics commission, civil service board, civil service commission, Corpus Christi Health Facilities Development Corporation, Corpus Christi Housing Finance Corporation, Corpus Christi Housing Improvement Corporation, Corpus Christi Industrial Development Corporation and the attorney who serves as local issuer's counsel for and any executive employee hired by the above corporations. 20 (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-342. - Content of reports. The reports required shall contain the following information for the reporting period by separate listing. In this section, the report for the reporting official shall include all such information for the reporting official's spouse, but information relating to the spouse need not be segregated from that relating to the reporting official. (a) Name and residence address. (b) All professional, occupational, business licenses held by the reporting official. (c) The names of any businesses with which the reporting official was actively engaged or associated, and the principal address and phone number of each, together with the position or title held. (This list should not include interests in or positions with any businesses which are required to be reported in other provisions of this section.) (d) The names and addresses of all sources of income which exceed ten (10) per cent of the reporting official's gross income, or five thousand dollars ($5,000.00) in salary, bonuses, commissions or professional fees, or twenty thousand dollars ($20,000.00) in payment for goods, products or non-professional services. If the reporting official is self-employed or owns or controls at least a twenty (20) per cent interest in a partnership, corporation or other entity through which the reporting official does business, the reporting official shall also report the names and addresses of the clients or customers who do business with the city from whom the reporting official, partnership, corporation or other entity received at least ten (10) per cent of its gross income. Prior to each reporting deadline, the city shall publish a list of the names and addresses of the persons who do business with the city in the amount of ten thousand dollars or more each year (excluding utility services or the payment of taxes) which reporting officials may rely upon for the purposes of complying with this provision. A reporting official operating a business as a sole proprietor shall not be required to report a client or customer under this subsection he or she would not have to report if operating as a corporation or partnership. (e) The names and addresses of all corporations, partnerships or other business organizations in which the reporting official held, owned, acquired or sold stock or other equity ownership having a value exceeding five thousand dollars ($5,000) or equivalent to ten (10) per cent or more of the stock or equity in the entity or owns ten (10) per cent or more or five thousand dollars ($5,000.00) or more of the fair market value of the business organization or funds received from business organization exceeds ten (10) per cent or more of the person's gross income for the previous year. An itemized list of all real property in Nueces County or any adjoining county in which the reporting official held any legal or equitable ownership with a fair market value of two thousand five hundred dollars ($2500.00) or more, The list shall include a description sufficient to locate the property. The name and address of any person to whom the reporting official was indebted in excess of ten thousand dollars ($10,000.00) together with the dates any such debts were incurred. "Indebted" includes obligations on which the reporting official is a guarantor or co-signer, in which case the names of the borrower and lender shall be listed. (f) (g) (h) The name and address of any person who is an obligor on any note, bond, loan or any other similar obligation, written or unwritten, owed to the reporting official which in the aggregate equal ten thousand dollars ($10,000.00) or more together with the dates of such obligations. A list of all contracts with the City of Corpus Christi, including the date, term, type of good or services provided and the amount of the contract. (j) All boards of directors or governing bodies of which the reporting official is a member, and all offices or executive positions the reporting official holds in corporations, partnerships, limited (i) 21 partnerships, professional corporations, associations, or other entities, including non -business and non-profit entities, stating the name of each entity and position held, and excluding entities owned or created by the city. (k) The names and addresses of all persons from whom the reporting official received gifts or favors, including but not limited to trips, excursions, food, lodging, money, commodities or services, cumulatively exceeding two hundred dollars ($200.00) in value. The nature and date of each gift received shall be specified. Provided, however, campaign contributions reported as required by state law and gifts or favors from relatives need not be reported hereunder. (Ord. No. 20781, § 1, 9-19-1989; Ord. No. 028271, § 5, 8-18-2009) Sec. 2-343. - Financial disclosure by candidates. All candidates for city council shall file an annual report of financial information covering January 1 through December 31 of the previous year containing the information required by the above sections with the city secretary within five days after filing for office. If the deadline for candidate filing is after June 30, they shall also file a supplemental report of financial information. If any incumbent candidate has previously filed a report for the appropriate period(s), that report shall satisfy this section. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-344. - Reports to be sworn and maintained. All reports of financial information required by the code of ethics shall be sworn, and shall be preserved for five (5) years as public records. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-345. - Filing dates for reports. Reports required by this division must be physically filed with the city secretary by 4:45 p.m. on the day required for filing. When the day falls on an official city holiday as established by the city council, the deadline for receipt by the city secretary is extended to 4:45 p.m. of the next day which is not a Saturday or Sunday or official city holiday. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-346. - Failure to file report. The failure of a reporting official or employee to file a true and accurate report as required under this code of ethics shall constitute a violation of the rules of conduct. Failure to timely file a report by a member of the planning or ethics commission or the civil service board/commission shall constitute forfeiture of the office. Such forfeiture shall be automatic and immediate, except if state law requires a hearing, the forfeiture shall occur immediately upon a council determination of timely failure to file. In the event a person who has failed to file a required report no longer serves in an official capacity with the city, that person shall be barred from serving as an appointed officer, board member or employee of the city in the future until the required report has been filed. (Ord. No. 20781, § 1, 9-19-1989; Ord. No. 21195, § 1, 7-16-1991) Sec. 2-347. - Voluntary reports. 22 Any city official, employee, or board member may file reports exceeding the requirements of the code of ethics, and said reports shall be preserved in the same manner as required reports. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-348. - Disclosure of gifts by employees. Any employee of the city other than reporting officials, whether under civil service or not, who received gifts or favors, including but not limited to trips, excursions, food, lodging, money, commodities, or services, cumulatively exceeding two hundred dollars ($200.00) in value in any calendar year, from any person (other than a relative) whose name is published in the list of persons doing business with the city under subsection 2-342(d), shall file a report of the names and addresses of such persons and the date and nature of each gift with the city secretary. The deadline for filing such reports shall be February 1 of each year; provided that, such a separate report shall not be required for any employee who is required to file a report as a reporting official. (Ord. No. 20781, § 1, 9-19-1989) Sec. 2-349. - Disclosure of interests by contractors. (a) Any business desiring city council, board, commission or committee consideration or action concerning that business (other than granting an electrician license, solicitation permit and approving a plat) shall, prior to its placement as an agenda item on the public notice of such body, file with the city (and if a vendor, file with the city's purchasing agent) a statement specifically naming any city employee, official and board member having an ownership interest in the business constituting three (3) per cent or more of the ownership, or having any pecuniary interest in the transaction or property which is the subject of consideration or action. (b) In the case of any business desiring to sell goods or services to the city (except when the value of the goods or services is not reasonably anticipated to exceed one hundred dollars ($100.00) per calendar year), but which does not require city council, board, commission or committee consideration or action, the business shall file with the city's purchasing agent a statement specifically naming any city employee, official and board member having any ownership into best in the business constituting three (3) per cent or more of the ownership, or having any pecuniary interest in the transaction. This provision does not apply to or include the purchase of magazine subscriptions and memberships in professional or trade organizations related to municipal operations. (c) For corporate businesses whose shares are publicly traded and listed on recognized national or regional stock exchanges or over-the-counter markets, it shall be sufficient if a current Securities and Exchange Commission Form 10-K is filed in lieu of the statements required by this section. (d) If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any city official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, he or she 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. (Ord. No. 20781, § 1, 9-19-1989; Ord. No. 028271, § 6, 8-18-2009) SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, 23 paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 4. 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. This ordinance shall take effect upon final City Council approval. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016 by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM For the City Council Meeting of July 19, 2016 DATE: July 11, 2016 TO: Margie C. Rose, City Manager FROM: Mark Van Vleck, P. E., Assistant City Manager, Utilities, and Public Work MarkVV@cctexas.com (361) 826-3082 Water Supply (Discovery) — Demands STAFF PRESENTER(S): Name Title/Position Department 1. Mark Van Vleck Assistant City Manager Public Works and Utilities 2. William J. Green Major Projects Engineer ESI OUTSIDE PRESENTER(S): Name Title/Position 1.Kristi Shaw Project Manager 2. 3. BACKGROUND: Organization HDR Engineering, Inc. This presentation is the second of a series of Discovery of the current and potential future water supplies for the City of Corpus Christi LIST OF SUPPORTING DOCUMENTS: Presentation - Water Supply (Discovery) — Demands Water Supply Discovery —Demands Council Presentation July 19, 2016 Discover, Discuss, Decide May 10, 2016 Discovery — Texas Water Planning Presentation Schedule July 19, 2016 Discovery - Demands August 30, 2016 September 20, 2016 October 18, 2016 Discussion - Demands Discovery - Current Supplies Discovery - Future Supplies Discussion- Future Supplies November 15, 2016 Decide — Adopt Water Management Plan Regional Water Supply System Choke Canyon Reservoir Lake Corpu Christi Victoria Alice Kingsville Corpus Christi Lake Texana wap phase U (Newt ar Bay L City City of Corpus Christi Existing Water System - Raw Water Pipeline - Treated Water Pipeline ■ Corpus Christi WTP ■ Customer Owned WTP * WWTP ® Intake Site 0 10 20 Miles City of Corpus Christi Water Supply Relationships Treated Raw Treated & Raw Nueces/Lavaca/Lower Colorado River Basins Lake Corpus Christi 1 Choke Canyon Reservoir! Lake Texana/ Colorado River System 7 Corpus Christi San Patricio MWD — Aransas Pass H Gregory I— Gregory Power Cogeneration H Ingleside Ingleside by the Bay — Ingleside Naval Station — Industries — Odem ▪ Portland I— North Shore Country Club H Rockport Copano Cove — Copano Heights Water Co_ — Copano Ridge — Fulton _1Taft Rincon WSC Port Aransas (54%) — Seaboard WSC — San Patrick, County- Industries Nueces River Basin South Texas Water Authority Three Rivers Agua Dulce Bishop — Driscoll H Kingsville Texas A&M - Kingsville — Kingsville NAS — Nueces County WCID 55 (Banquete) H Nueces WSC — Sablatura Park — Central (Rural) — Bishop (Rural) — Driscoll (Rural) — Agua Dulce (Rural) -- Banquete (Rural) — Aqua Texas/Gilden Acres (Partial) Lvalero Nueces County WCID #3 — North San Pedro — Robstown — River Acres WSC Alice Beeville I Mathis Pod Aransas (46%) I Violet WSC Celanese Hint Hills Nueces County- I ndustnesl — Ricardo WSC Historical Water Use 200,000 '5 - Zs ,s 150,000 ) Q a) 100,000 g To u O • 50,000 E 0 • Raw • Treated 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Drought Preparedness Combined LCC/CCR Capacity (%) 100 90 80 76 60 50 40 30 - 20 - 10 - 0- 2001 2002 2003 2004 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 - Stage 1 Stage 2 - Stage 3 - Stage 4 7 Drought Stage CCR/LCC Combined Target Demand Response Stage 1- Mild Reservoir Storage Level Always in effect Reduction Levels Not Applicable Stage 2- Moderate <80% 13% Stage 3- Severe <30% 15% Stage 4- Critical <20% 30% Stage 5- Emergency Not Applicable 50% 0- 2001 2002 2003 2004 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 - Stage 1 Stage 2 - Stage 3 - Stage 4 7 Recent Drought Management and System Response Residential Per Capita Water Use and Combined System Storage 100 90 80 a, - 70 0 60 }zr,50 ✓ - 40 30 0 To 20 ao 10 0 2009 System Storage (%) Per Capita Use (GPCD) 2010 2011 2012 2013 2014 2015 100 90 80 70 60 50 40 30 20 10 0 Combined System Storage (%) 8 Recent Water Demands Total 2014 Demand =108,000 acft ■ Industrial ■ Commercial Residential ■ Institutional Corpus Christi Water Use by Customer Class (2014) Summary- Range of Water Demands Water Demand (Ac-ft/yr) 300,000 250,000 200,000 150,000 100,000 50,000 –s–Scena rio 1- TWDB & Region N –0–Scenario 2- Current Industrial Update —Historical 0 2000 2010 2020 2030 2040 2050 2060 2070 10 300,000 250,000 '5- 200,000 Long-term Projected Demand Scenario 1- TWDB and Region N Water Plan 150,000 c _ 0 100,000 - 50,000 0 —Historical Projection 2000 2010 2020 2030 2040 2050 2060 2070 11 300,000 250,000 - 200,000 - 150,000 2 100,000 50,000 - Long-term Projected Demand Scenario 1- TWDB and Region N Regional Water Plan 2000 2010 2020 2030 2040 2050 2060 2070 STWA- Municipal ■ SPMWD- Municipal ■ San Patricio- Industry Nueces- Industry CoCC + LCC Customers Municipal Long-term Projected Demand Scenario 2 - Snapshot Based on Current Industrial Trends 300,000 250,000 a 200,000 V 150,000 -cs100,000 50,000 —Historical tProjection 0 2000 2010 2020 2030 2040 2050 2060 2070 13 Long-term Projected Demand Scenario 2 - Snapshot Based on Current Industrial Trends 300,000 250,000 - 200,000 u a _o 150,000 0 100,000 1 50,000 0 - 2000 2010 2020 2030 2040 2050 2060 2070 STWA-Municipal • SPMWD-Municipal • San Patricio-Industry Nueces-Industry • CoCC+LCC Customers Municipal CCR/LCC System Existing Water Supply Kingsville Corpus Christi City of Corpus Christi Existing Water System - Raw Water Pipeline - Treated Water Pipeline ■ Corpus Christi WTP ■ Customer Owned WTP * WWTP • Intake Site 0 10 20 Miles **Colorado River (up to 35,000 Ac-ft/yr) Lake Texana (up to 53,840 Ac-ft/yr) 15 Forward Water Supply Planning has Shaped our Current Supplies CCR/LCC Combined Storage IN 100% go% 50% 40% 20% ass — Lake Levels Percentage — Lake Levels Percentage Without Lake Texana 11111111111111111111111111.11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 0 0 0 0 0 0 00 0 0 0 0 0 0 00 0 0 0 0 0 0. N.. 2o��5Q g ' v ZQ LL,ogo5Q zQ aLL- i°'.:cg0 � Z OD ChM 0 0 O. -i . N Q1 Q� Q1 0 0 0 0 0 0 Opt °54-3 Z Q N ii What is Firm Yield? © Copyright Robert Murray and licensed for reuse under Creative Commons License • Maximum supply from reservoir system during the drought of record with no reserve storage during the worst month 17 What is Safe Yield? Photo by Jeff Stapper, Texas AgriLife Extension • Amount of supply from reservoir system so that a reserve amount remains in storage during the modeled critical drought • Provision for climate and growth uncertainty • Region N Plan yield assumes 1 year reserve in storage (125,000 ac -ft) Why Safe Yield? 200,000 160,000 E N 120,000 u u 0 80,000 40,000 0 3-yearAverageAnnual Gaged Inflow ■ Minimum Annual Influx 1950s 1960s 1980s l Average Gaged Inflows Decreased by 78,000 acft/yr (or 40%) Recent 1954-1956 1961-1963 1982-1984 1994-1996 2009-2011 19 Example of How Existing Supplies Address Future Demands *Supplies Subject to Change Based on Pending Model Update* 300,000 - 250,000 200,000 150,000 (I) 100,000 50,000 0 Region N 2016 Plan Yield = 219,000 Ac-ft/yr (2020) Safe Yield 1 Year Reserve, MRP Phase II incl Regional Water System Supply -from Region N 2016 Plan — Historical — Scenario 1 -TWDB & Region N — Scenario 2 - Current Industrial Update 2000 2010 2020 2030 2040 2050 2060 2070 Next Supply Needed Here. 20 Topic Discussion & Demand Related Topics for Next City Council Presentation • Alternative demand projection need (i.e. 1% annual growth) • Identify preferred demand projection for planning purposes • Process and schedule for revisiting demand projections • Others? May 10, 2016 Date July 19, 2016 August 30, 2016 September 20, 2016 October 18, 2016 November 15, 2016 Discovery—Texas Water Planning Discovery- Demands Discussion - Demands Discovery - Current Supplies Discovery- Future Supplies Discussion- Future Supplies Decide — Adopt Water Management Plan 21 AGENDA MEMORANDUM City Council Meeting of July 19, 2016 DATE: July 12, 2016 TO: Margie C. Rose, City Manager FROM: Rebecca Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Miles Risley, City Attorney milesr@cctexas.com (361) 826-3360 Proposed Ballot Language for November 2016 Special Election STAFF PRESENTER(S): Name 1. Rebecca Huerta 2. Miles Risley Title/Position City Secretary City Attorney Department BACKGROUND: At the June 21, 2016 Council meeting, the City Council reviewed the draft ballot language for the November 2016 Special Election. The Council requested revisions to the propositions regarding the 1/8th cent sales tax renewal and the designation of mayor pro tem; and removed the proposition regarding untreated water supply contracts. Additionally, at the July 12, 2016 Council meeting, the Council made a motion to reconsider to remove the charter amendment proposition related to Council compensation. The attached draft ordinance incorporates the requested revisions for the Council's review and comments. LIST OF SUPPORTING DOCUMENTS: Draft Ordinance — Special Election DRAFT Ordinance ordering a special election to be held on November 8, 2016, in the City of Corpus Christi on the questions of: (1) abolishing the one-eighth of one percent sales tax approved by the voters on November 5, 2002 for economic development, baseball stadium and affordable housing, administered by a Type A corporation governed by Chapter 504 of Texas Local Government Code and adopting a one-eighth of one percent sales and use tax for 20 years to be administered by a Type B corporation governed by Chapter 505 of Texas Local Government Code for economic development, affordable housing and arterial and collector streets; (2) continuing the Corpus Christi Crime Control and Prevention District and associated sales tax for 10 years; and (3) providing for consideration of amendments to the Charter of the City of Corpus Christi; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. WHEREAS, Texas Election Code § 3.004 provides that the governing body shall order elections pertaining to municipal affairs, give notice and appoint election officers to hold the election; and WHEREAS, Nueces County will be conducting an election on November 8, 2016, and the City desires to conduct its election on that date to obtain the efficiencies of a joint election; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A Special City election (hereinafter the "Election") shall be held in the City of Corpus Christi, Texas on November 8, 2016, for the purpose of submitting to the voters of the City ballot propositions on the questions of: (1) abolishing the one-eighth of one percent sales and use tax approved by the voters on November 5, 2002 for economic development, baseball stadium and affordable housing, administered by a Type A corporation governed by Chapter 504 of Texas Local Government Code and adopting a one-eighth of one percent sales and use tax for 20 years to be administered by a Type B corporation governed by Chapter 505 of Texas Local Government Code for economic development, affordable housing and arterial and collector streets (Type A sales taxes other than the one-eighth of one percent sales tax approved on November 5, 2002 are not intended to be modified pursuant to this Election); (2) continuing the Corpus Christi Crime Control and Prevention District and associated sales tax for 10 years; and (3) providing for consideration of amendments to the Charter of the City of Corpus Christi. SECTION 2. At the Election, all the qualified voters of the City of Corpus Christi shall be permitted to vote. C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@BC059330\@BCL@BC059330.docx 1 SECTION 3. The eSlate direct recording equipment (DRE) shall be employed at the Election in accordance with the Texas Election Code and the Election shall be held at the polling places in the regularly prescribed precincts of the City of Corpus Christi, as set forth on Attachment A hereto incorporated by reference and made part of this ordinance. The Election shall be held in accordance with the Election Laws of the State of Texas. The polls shall be open from 7:00 a.m. to 7:00 p.m. on the date of the Election. SECTION 4. The City Secretary shall conduct the Election as directed by ordinance of the City Council and by law in accordance with the joint election agreement to be entered into with Nueces County. SECTION 5. Early voting in person at each of the temporary branch polling places shall be conducted as follows: Early voting in person may be conducted at the main early voting polling place located in the first floor lobby of the Nueces County Courthouse, 901 Leopard, and at the temporary branch polling places set forth in Attachment B, incorporated by reference and made a part of this ordinance (said Attachment B to be approved and attached when the temporary branch polling places are determined by Nueces County) hereby established as follows. Early voting in person may be conducted at the mobile temporary branch polling places set forth in Attachment C, incorporated by reference and made a part of this ordinance, during the days and hours specified therein (said Attachment C to be approved and attached when the mobile temporary branch polling places are determined by Nueces County). The City Secretary is authorized in the event of an emergency, preventing any of the designated polling places from being utilized, to provide for suitable replacement locations. Each branch polling place and the main early polling place shall serve all Election precincts. SECTION 6. The City Secretary is directed to post and publish such election notices as are required by the election laws of the State of Texas. The City Secretary is further appointed as the authority and officer responsible for the conduct of said Election and is hereby authorized and directed to make all necessary arrangements for the holding of said Election in accordance with and subject to the laws of this State including not limited to coordinating the election process, including use of tabulation equipment, supplies and printing of ballots, in accordance with the joint election agreement to be executed with Nueces County. SECTION 7. At the Election, the voters shall be presented with the following propositions (in English and Spanish) in the form prescribed by the Texas Election Code: PROPOSITION NO. 1 ABOLISH PART OF TYPE A SALES TAX AND ADOPT TYPE B SALES TAX FOR AGAINST C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@BC059330\@BCL@BC059330.docx 2 The abolition of the additional sales and use tax within the city in the amount of one-eighth of one percent approved by the voters on November 5, 2002 for new and expanded business enterprises, baseball stadium, and affordable housing, administered by a Type A corporation governed by Chapter 504 of the Texas Local Government Code, and the adoption of an additional sales and use tax within the City of Corpus Christi at the rate of one-eighth of one percent, to be administered by a Type B corporation governed by Chapter 505 of the Texas Local Government Code, to be effective for 20 years after an effective date of October 1, 2017, with the use of the proceeds for: (1) Minimum of Fifty percent for Economic Development, specifically the promotion and development of new and expanded business enterprises to the full extent allowed by Texas law; (2) Up to $500,000 annually on affordable housing; and (3) Balance of proceeds to be used for construction, maintenance and repair of arterial and collector streets and roads." PROPOSITION NO. 2 CONTINUATION OF CRIME CONTROL DISTRICT FOR AGAINST Whether the Corpus Christi Crime Control and Prevention District should be continued for ten years and the crime control and prevention district sales tax should be continued for ten years. PROPOSITION NO. 3 RESIDENTIAL STREET RECONSTRUCTION TAX FOR AGAINST To amend the City Charter to establish a dedicated fund to be used solely for residential street reconstruction and authorizing the City Council to levy, assess and collect a property tax not to exceed Six Cents per one hundred dollars of assessed value for the purpose of residential street reconstruction, to be gradually implemented at a rate of not more than two cents per one hundred dollars of assessed value per year. PROPOSITION NO. 4 DESIGNATION OF MAYOR PRO TEM FOR AGAINST C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@BC059330\@BCL@BC059330.docx 3 To amend the City Charter to provide that in the event of disability of the Mayor for more than 30 days, the Council Member elected at large who received the highest number of votes shall become the Mayor Pro Tem and act as the Mayor during the period of disability. PROPOSITION NO. 5 INCREASE TERM FOR PROCUREMENT OF AUDITOR CONTRACTS FOR AGAINST To amend the City Charter to allow for procurement of contracts for independent auditor with terms up to five years. PROPOSITION NO. 6 ALLOW APPOINTMENT OF ALTERNATE MEMBERS TO CIVIL SERVICE BOARD FOR AGAINST To amend the City Charter to provide for the appointment of two alternate members to the Civil Service Board. PROPOSITION NO. 7 COMPLY WITH STATE LAW TO ALLOW CITY EMPLOYEES TO FILE FOR ELECTION TO MUNICIPAL OFFICE FOR AGAINST To amend the City Charter to eliminate the prohibition on City employees filing for nomination or election to municipal public office to comply with Texas Local Government Code Section 150.041. PROPOSITION NO. 8 ALLOW ISSUANCE OF BONDS IN ACCORDANCE WITH STATE LAW FOR AGAINST To amend the City Charter to provide authority to issue bonds in accordance with the laws of the State of Texas. PROPOSITION NO. 9 C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@BC059330\@BCL@BC059330.docx 4 AMEND WAITING PERIODS FOR CITY LEASES FOR AGAINST To amend the City Charter to clarify the approval process for leases, update the statutory reference, and eliminate the waiting periods for leases and lease amendments which do not exceed 5 years. PROPOSITION NO. 10 UPDATE LEGAL REFERENCES AND CLARIFY GENERAL POWERS FOR AGAINST To amend the City Charter to update legal references in the General Powers section and clarify the General Powers. PROPOSITION NO. 11 CLARIFY PURCHASING PROCEDURES TO COMPLY WITH STATE LAW FOR AGAINST To amend the City Charter to clarify the procedures regarding purchases and contracts in conformity with State law. SECTION 8. Adoption of Proposition No. 3 would amend the City Charter, ARTICLE VIII, TAXATION AND BONDS, Section 1, as follows: Sec. 1. - Taxation. (a) The city council shall have power, and is hereby authorized annually, after the budget is adopted, to levy and collect taxes up to the maximum authorized by the Constitution of Texas based on the assessed value of all real and personal property in the city, not exempt by the Constitution and laws of Texas from taxation; provided that, except as provided in paragraph (b) and paragraph (c) below, the maximum tax rate for all purposes shall not exceed sixty-eight cents ($0.68) per one hundred dollars ($100.00) of assessed value. The maximum tax rate limitation shall remain in full force and effect until changed by Charter amendment or by ordinance duly adopted after a referendum election at which a majority of the registered voters voting at such election approved adoption of the ordinance. (b) The maximum tax rate the city council may levy in support of debt service for any tax - supported obligations which are authorized by the voters of the city at an election held C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@BC059330\@BCL@BC059330.docx 5 after April 4, 1993, shall be limited to the tax rate limitation provided in the Texas Constitution. In the event any such voter -approved obligations are refunded by the issue of refunding obligations as authorized under Texas law, the debt service on such refunding obligations shall be subject to the maximum tax rate limitation in paragraph (a) above unless: (i) the refunding results in a net present value savings to the city as determined by the Texas Attorney General, or (ii) such refunding obligations are authorized by the voters of the city at an election held for such purpose. (c) A dedicated fund to be used solely for residential street reconstruction is established, and the city council is authorized each year to levy, assess and collect a property tax not to exceed Six cents ($0.06) per one hundred dollars ($100.00) of assessed value for the purpose of residential street reconstruction to be deposited in such fund. Said taxes shall be used solely for the purpose of residential street reconstruction, including associated utilities work and professional engineering services, and shall be implemented gradually at a rate not to exceed two cents ($0.02) per one hundred dollars ($100.00) of assessed value per year. For the purposes of this provision, the term "reconstruction" is defined as removing all or a significant portion of the pavement material and replacing it with new or recycled materials. The dedicated fund established by this subsection (c) may not be used for payment of debt service. (c } If for any cause the city council shall fail or neglect to pass a tax ordinance for any year, levying taxes for that year, the tax ordinance last passed shall be considered in force and effect as the tax ordinance for the year for which the city council so failed to pass a tax ordinance, and the failure to pass such ordinance in any year shall not invalidate the collection of the tax for that year. (e )The city council may also prescribe the date when taxes shall become due and prescribe penalties for nonpayment before they become delinquent. {e} (ff The city council may also levy, assess and collect any other types of taxes as provided by state law, provided that no such tax shall be greater than is authorized by such statute. SECTION 9. Adoption of Proposition No. 4 would amend the City Charter, ARTICLE II, CITY COUNCIL, Section 5, as follows: Sec. 5. Disability of Mayor. If for any reason the mayor is absent from the city or unable to perform the duties of his or her office, the mayor pro tem shall act as mayor and during such absence or disability shall perform the duties and have the powers of the mayor; provided that, in the event that any disability of the mayor extends for a period longer than thirty (30) days, the council member elected at large who received the highest number of votes at the most recent City Council election shall become mayor pro tem and shall act as mayor for the remainder of the period of such disability. He or she shall have all of the authority, rights and benefits of the mayor during such period. C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@BC059330\@BCL@BC059330.docx 6 SECTION 10. Adoption of Proposition No. 5 would amend the City Charter, ARTICLE II, CITY COUNCIL, Section 27, as follows: Sec. 27. - Independent audit. The council shall provide for an independent annual audit for all city accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the city government or any of its officers. The council may, • - = . -; . - : = -- : - - ;•; , procure dcsignatc such accountant or firm annually or for a period not exceeding three five years, provided that the designation for any particular fiscal year shall be made no later than thirty days after the beginning of such fiscal year. If the state makes such an audit, the council may accept it as satisfying the requirements of this section. SECTION 11. Adoption of Proposition No. 6 would amend the City Charter, ARTICLE VII, EMPLOYMENT REGULATIONS, Section 2, as follows: Sec. 2. Civil Service Board. There shall be a civil service board, which shall consist of three persons, citizens of Corpus Christi. No member of the board shall during his or her tenure be a candidate for or hold any city office or position, and no member of the board shall during his or her tenure hold any other public office, except notary public. The city council shall appoint the members of such board. The city council shall appoint two alternate members to serve for absent board members. The term of office of each member and alternate member of such board shall be for three years, or until a successor is appointed. The civil service board, subject to the approval of the council, shall adopt, amend and enforce a code of rules and regulations providing for appointment, employment or suspension in all positions in the classified service. The civil service board established herein shall promulgate rules and regulations that insure fair treatment of employees in hiring, promotions, grievances and disciplinary actions including suspensions, dismissals, or terminations in accordance with the policy stated herein. SECTION 12. Adoption of Proposition No. 7 would amend the City Charter, ARTICLE VII, EMPLOYMENT REGULATIONS, Section 5, as follows: Sec. 5. - Officers and employees, candidacies. (a) A member of the city council may file as a candidate for nomination or election to any public office, including a position under this Charter. Upon the election or appointment to a non -city public office, such council member shall forfeit his or her office as a member of the council. (b) A member of a city board, commission or committee may file as a candidate for nomination or election to any non -city public office. Upon the election or appointment to C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@BC059330\@BCL@BC059330.docx 7 a non -city public office or upon the filing as a candidate for any position under this Charter, such board, commission or committee member shall forfeit his or her position. (c) A city employee may file as candidates for nomination or election to any non city public office and may serve in such position if elected or appointed, so long as such activities do not interfere with his or her city employment contrary to ordinances and administrative regulations.or cicction to a position undcr this Chartcr, such cmploycc shall forfcit his or her cmploymcnt with thc city. SECTION 13. Adoption of Proposition No. 8 would amend the City Charter, ARTICLE VIII, TAXATION AND BONDS, Section 2, as follows: Sec. 2. Authority to Issue Bonds (a) Thc city council shall hcvc thc powcr and authority by resolution duly passcd, to borrow moncy on thc crcdit of thc city and may issuc bonds of thc city thcrcfor. It shaI outstanding bonds of thc city. (b) No bonds shall bc issucd for o tcrm of longcr than one ycvr or to rcfund outstanding bonds at thc samc oro highcr rotc of intcrcst and for such maturitics that thc aggrcgotc amount to bc paid on rcfunding, principal and intcrcst, will cxcccd thc oggrcgotc amount duc, principal and intcrcst, on thc cntirc outstanding bonds proposal to bc rcfundcd, unlcss opprovcd by o majority votc of thc quolificd votcrs of thc city 'eking at on cicction callcd for such p (c) No bonds shall bc issucd drawing marc than thc maximum rotc of intcrcst per annum outhorizcd by statc low. (d) Thc Bond and Warrant Low of 1031, as omcndcd, shall govcrn thc contracts of thc city and rcvcnuc bonds, ccrtificotcs of obligation, notcs or warrants issucd by it. The city council shall have the power and authority to issue bonds in accordance with the general and special laws of the State of Texas, in effect from time to time and as applicable to the City. SECTION 14. Adoption of Proposition No. 9 would amend the City Charter, ARTICLE IX, PUBLIC UTILITIES, FRANCHISES, AND LEASES, Section 3, as follows: Sec. 3. - Ordinance granting franchise or lease of city property with term exceeding 5 years. {a) Every ordinance granting, renewing, extending or amcnding or expanding a franchise or a lease of city property of thc city with a term exceeding 5 years shall be read at two regular meetings of the council, and shall not be finally acted upon until the twenty-eighth day after the first reading thereof. Within five days following each of the two readings of C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@BC059330\@BCL@BC059330.docx 8 the ordinance, a description of the franchise or lease, including the names of the parties, the term, payments to the city and the purpose of the franchise or lease, shall be published one time in a newspaper of general circulation in the city, and the expense of such publication shall be borne by the prospective franchise holder or lessee. Copies of the full text of any such ordinance shall be made available to the public at no charge in the office of the city secretary. With the exception of any ordinance authorized by election provided herein, no ordinance granting, renewing, extending or amending or expanding a lease or franchise of more than five years shall become effective until the expiration of sixty days following the date of its final adoption by the council, and every such ordinance shall be subject to referendum procedure provided by state law, Scction 282.003, Tcxas Government Codc, Section 311.073, Texas Transportation Code, as amended now or in the future. (b) Notwithstanding any othcr provision of this Chartcr, any ordinance granting or authorizing thc execution of a I&Dsc having a tcrm of fivc ycws or Icss may bc finally passcd and thc I&Dsc authorizcd without publication of any notice, and in cascs of declaration of cmcrgcncy may bc passcd without ncccssity of two r&Ddings. Section 15. Adoption of Proposition No. 10 would amend the City Charter, ARTICLE X, GENERAL POWERS AND PROVISIONS, Section 1, as follows: Sec. 1. - General powers. (a) The city shall have and may exercise, for any municipal purpose, all powers applicable to home rule cities in the Texas constitution, statutes and codes, and specifically including the powers prcscntly enumerated in Articic 1175, Tcxas Civil Statutes, and formerly enumerated in Articic 1175, which have bccn codified in other provisions of Tcxas Gtatutcs and codes, and which may bc added thereto at any timc in thc future, governmental functions contained in Texas Civil Practices & Remedies Code, Section 101.0215(a), as amended, including the power to establish fees for said functions, and the following powers, to the fullest extent it deems necessary, desirable, or convenient, except as clearly prohibited or limited by state law or this Charter: (1) To use a corporate seal. (2) To suc and bc sucd To sue in any court. (3) To contract. (4) To define and abate nuisances. (5) To levy and collect taxes and fees. (6) To borrow money by issue or sale of bonds, warrants, notes or other method (7) To appropriate and expend monies. (8) To acquire and own property or any interest therein, within and without the corporate limits, by purchase, eminent domain, gift, devise, exaction, or any other means whatsoever. (9) To sell, lease or otherwise convey city property, real or personal. (10) To manage and control all city property. (11) To establish, improve and maintain a comprehensive system of streets and public ways and all appurtenances related thereto, and to control and regulate any use thereof; provided, no street or alley may be opened or closed except after notice by one publication C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@BC059330\@BCL@BC059330.docx 9 in a newspaper of general circulation in the city and by mail to the last known address of all owners within four hundred fifty feet therefrom and hearing by the city council. (12) To assess the cost of street, sidewalk and related improvements against abutting property owners and fix a lien against such abutting property in any manner authorized by Subchaptcr E of Chaptcr 102, Tcxas Local Govcrnmcnt Codc, and Chaptcrs 312 and 313, Tcxas Transportation Codc state law, as thc samc may bc amcndcd in thc futurc, or othcr statc law, or any city ordinance, which procedures are hereby adopted as alternatives which may be exercised. (13) To levy and collect assessments and fees against property benefitted by improvements, and fix liens thereto, according to procedures established by ordinance or law. [Remainder of Section 1 left unchanged. J SECTION 16. Adoption of Proposition Amendment No. 11 would amend the City Charter, ARTICLE X, GENERAL POWERS AND PROVISIONS, Section 2, as follows: Sec. 2. - Contracts. (a) All contracts shall be authorized by the city council, except that the city manager may authorize contracts which do not require expenditures exceeding the limit at which competitive bids are required under the Texas Local Government Code, as amended, and may exceed that sum in the case of emergency which shall be reported to the council. (b) No contract shall be binding until it has been (1) signed by the city manager or the manager's authorized representative, and (2) approved or objected to in writing by the city attorney, which objection shall be filed with the city secretary; Pprovided, however, that as to standard contracts for multiple transactions, the city attorney need only approve the standard form. (c) All purchases and contracts must comply with state law. bc compctitivcly bid or proposcd or bascd upon a procurcmcnt mcthod authorizcd by statc law. For any contract managcr, advcrtiscmcnt of such contracts shall bc publishcd in a ncwspaper of gcncrai circulation in thc city at I&Dst oncc in cvch wcck for two consccutivc wccks, inviting compctitivc bids or proposals. All bids or proposals submittcd shall bc seaicd and dclivcrcd in thc manncr rcquircd by thc spccifications. At thc timc announccd in such noticc, thc bids or proposals shall bc opcncd in thc prcscncc of one or morc city cmployccs dcsignatcd by thc city managcr and in thc prcscncc of thosc biddcrs dcsiring to bc prcscnt, cxccpt that confidcntiality may bc providcd in accordancc with statc law. Thc council shall dctcrminc thc most advantagcous bid or proposal for thc city. Thc city shat always havc thc right to rcjcct any and all bids or proposals. In thc cvcnt all bids or proposals arc rcjcctcd, thc city may call for new bids or proposals at its discrction, which .nncr as thc (d) No contract shall ever be made which binds the city to pay for personal services to be rendered for any stated period of time; but all contracts for personal service shall be restricted to the doing of some particular act or thing, and upon its completion no further liability shall exist on the part of the city. C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@BC059330\@BCL@BC059330.docx 10 SECTION 17. The Election is expected to be conducted in accordance with an agreement between Nueces County and the City of Corpus Christi to hold a joint election on November 8, 2016, (which shall be approved and attached hereto as Attachment D and incorporated herein). The City Secretary is authorized to approve all lawful changes and additions to the procedures provided herein in order to implement such agreement, including but not limited to provisions for substations and mobile voting sites. SECTION 18. By approving and signing this ordinance, the Mayor officially confirms and orders as the Mayor's actions all matters recited in this ordinance which by law come within the Mayor's jurisdiction. SECTION 19. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance or the ballot herein shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect of its purpose. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016 by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the day of , 2016. C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@BC059330\@BCL@BC059330.docx 1 1 ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@BC059330\@BCL@BC059330.docx 12