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Agenda Packet City Council - 03/08/2016
Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, March 8, 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 ingles es limitado, habra un interprete ingles-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 Deacon Michael Mantz, Diocese of Corpus Christi. C. Pledge of Allegiance to the Flag of the United States to be led by Annette Rodriguez, Director of Public Health. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 16-0275 Proclamation declaring March 6-12, 2016, "Harbor Playhouse Week". Proclamation declaring March 11,18, & 25, 2016, "Fill -The -Boot for the Muscular Dystrophy Association Days". Proclamation declaring March 19, 2016, "Vestido Rojo Day". Corpus Christi Page 1 Printed on 3/7/2016 City Council Meeting Agenda - Final March 8, 2016 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. 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: 2. 16-0266 Regular Meeting of February 23, 2016. Attachments: Minutes - February 23, 2016 I. BOARD & COMMITTEE APPOINTMENTS: 3. 16-0276 Building Standards Board Civil Service Commission Civil Service Board Committee for Persons with Disabilities Island Strategic Action Committee Planning Commission Corpus Christi Page 2 Printed on 3/7/2016 City Council Meeting Agenda - Final March 8, 2016 Attachments: Building Standards Board Civil Service Commission Civil Service Board Committee for Persons with Disabilities Redacted Island Strategic Action Committee Planning Commission 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 4 - 10) 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. 4. 16-0200 Approving a Developer Participation Agreement to reimburse the developer for the City's cost to extend North Oso Parkway located south along Holly Road, east of Ennis Joslin Road and south of Paul Jones Avenue. Resolution authorizing the City Manager or designee to execute a developer participation agreement with MPM Development, L.P., ("Developer"), to reimburse the Developer up to $208,946.10 for the City's share of the cost to extend North Oso Parkway, in accordance with the Unified Development Code. Attachments: Agenda Memo - Parkview Unit 4 Resolution & Agreement - Parkview Unit 4 Form 1295 - Parkview Unit 4 Maps - Parkview Unit 4 5. 16-0181 Approving a contract for Texas Electronic Registration Remote System access for issuing birth certificates Motion authorizing the City Manager or his designee to execute a contract with the Department of State Health Services (DSHS) for the period 9/1/2015 through 8/31/2017 to provide the Corpus Christi-Nueces Corpus Christi Page 3 Printed on 3/7/2016 City Council Meeting Agenda - Final March 8, 2016 County Public Health District (CCNCPHD) access to the Texas Electronic Registration Remote System (TER Remote System) for the purpose of issuing individual birth certificates, and pay DSHS a fee of $1.83 for each Certification of Vital Record printed as a result of searches of the database; and ratifying acceptance of the contract to begin September 1, 2015. Attachments: Revised Agenda Memo - DSHS Remote Birth Cert. Access(9-1-2015 to 9-1-201 Contract - DSHS Remote Birth Cert. Access Agreement 9-1-2015 to 9-1-2017 6. 16-0182 Resolution approving a Data Usage Agreement (DUA) with the Texas Health and Human Services Enterprise agencies to facilitate creation, receipt, maintenance, use, disclosure or access to confidential information with the Health District Resolution authorizing the Director of the Corpus Christi Nueces County Public Health District (CCNCPHD), to sign on behalf of the City of Corpus Christi for the CCNCPHD, a Data Use Agreement and its Attachment A with the Texas Health and Human Services Enterprise agencies to facilitate creation, receipt, maintenance, use, disclosure or access to confidential information with the CCNCPHD and describe the CCNCPHD's rights and obligations with respect to the confidential information pursuant to 45 CFR 164.504(e)(1)-(3), for the contract period beginning on the date of execution and ending upon termination of the base contracts listed in Exhibit A. Attachments: Agenda Memo - TX HHS Data Usage Agreement Resolution - TX HHS Data Usage Agreement Agreement & Attach. A - TXHHS-CCNCPHD Data Use 7. 16-0168 Approving Amendment No. 1 to the Engineering contract for the Laguna Shores Road Force Main Replacement Motion authorizing the City Manager or designee to proceed with design phase work by executing Amendment No. 1 with LJA Engineering, Inc. of Corpus Christi, Texas in the amount of $479,977.31 for a total restated fee not to exceed $529,817.31 for Laguna Shores Road Force Main Replacement. Attachments: Agenda Memo - Laguna Madre Project Budget - Laguna Shores FM.xls Location Map - Laguna Shore FM.pdf Contract - Laguna Shores FM Presentation - Laguna Shores FM 8. 16-0204 Second Reading Ordinance - Amending the City Code regarding campfires on Gulf of Mexico Beaches (1st Reading 2/23/16) Ordinance Amending the Code of Ordinances Section 10-67 regarding Corpus Christi Page 4 Printed on 3/7/2016 City Council Meeting Agenda - Final March 8, 2016 campfires on Gulf of Mexico Beaches; providing for penalties; providing for severance; and providing for publication. Attachments: Agenda Memo - Campfire Ordinance Update Ordinance - Campfire Ordinance update 9. 16-0236 Second Reading Ordinance - Appropriating funds for the purchase of security equipment at the American Bank Center (1st Reading 2/23/16) Ordinance appropriating $176,500 from the unreserved fund balance in the No. 1130 Arena Facility Fund and transferring to and appropriating in the No. 4710 Visitors Facility Fund for the purchase of security equipment at the American Bank Center; and amending the FY 2015-2016 operating budget adopted by Ordinance No. 030620 to increase expenditures in the Arena Facility Fund by $176,500 and increase expenditures in the Visitors Facility Fund by $176,500 each. Attachments: Agenda Memo - American Bank Center Security Upgrades Ordinance - American Bank Center Security Upgrades Presentation - American Bank Center Security Upgrades 10. 16-0201 Second Reading Ordinance - Approving a Reimbursement Agreement and appropriating funds for the construction of water arterial transmission and grid main line located south along Holly Road, east of Ennis Joslin Road and south of Paul Jones Avenue (1st Reading 2/23/16) Ordinance authorizing city manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with MPM Development, L.P. ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $97,133.33 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. Attachments: Agenda Memo - Reimbursement Agreement MPM Dev. Ordinance - Reimbursement Agreement MPM Dev. Form 1295 - Reimbursement Agreement MPM Dev. Maps - Reimbursement Agreement MPM Dev. L. EXECUTIVE SESSION: (ITEMS 11 - 13) 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 Corpus Christi Page 5 Printed on 3/7/2016 City Council Meeting Agenda - Final March 8, 2016 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. 11. 16-0265 Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining matters and/or the collective bargaining agreements between the City of Corpus Christi and the Corpus Christi Firefighters Association. 12. 16-0245 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning litigation and other legal matters related to Adam Balle vs. City of Corpus Christi, Nueces County, Texas, CCPD Officer A Salines or A. Salinas #9163 and CCPD Officer Perriraz #8738 and CCPD OfficerA Salinas #1362 Ten John Doe Defendants and Ten Jane Doe Defendants, pending in the District Court of the U.S. Southern District of Texas Corpus Christi Division. 13. 16-0274 Executive Session pursuant to Texas Government Code § 551.074 (Personnel Matters) to discuss the evaluation and duties of public officers or employees, including, but not limited to, Judges of the Corpus Christi Municipal Court. M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (ITEM 14) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 14. 16-0237 Second Reading Ordinance - Amending the City Code to establish Article VI. - Transportation Network Companies (1st Reading 2/23/16) Ordinance Amending Chapter 57 of the Corpus Christi Code of Ordinances to establish Article VI. - Transportation Network Companies; and providing for severance, publication, penalty, and an effective date. Attachments: Agenda Memo with Chart - Ordinance establishing TNC regulations Ordinance - TNC regulations based on Houston regulations O. FIRST READING ORDINANCES: (ITEMS 15 - 17) 15. 16-0258 First Reading Ordinance - Second Amendment to Lease for Atlantic Aviation to extend term for fifteen years (Requires 28 Day Delay) Ordinance authorizing the City Manager, or designee, to execute a second amendment to the lease between Mercury Air Center - Corpus Christi, Inc., dba Atlantic Aviation ("Atlantic"), Atlantic Aviation FBO Holdings, LLC ("Atlantic Holdings"), and the City for completion of Corpus Christi Page 6 Printed on 3/7/2016 City Council Meeting Agenda - Final March 8, 2016 $3,300,000 in capital improvements for an additional 15 -year lease term; authorizing the execution of a short-term license agreement as part of the second amendment; and providing for severance, publication, and an effective date. Attachments: Agenda Memo - Atlantic Aviation Second Amendment Ordinance - Atlantic Aviation Second Amendment.docx Second Amendment to Lease - Atlantic Aviation TEC Form 1295 - Atlantic Aviation TEC Form 1295 - Mercury Air Center West FBO Facilities - Atlantic Aviation 16. 16-0173 First Reading Ordinance - Appropriating funds and executing agreement for replacement of the covered parking canopy and hardware at the Corpus Christi International Airport Ordinance appropriating $178,000 from the unreserved fund balance in the No. 4610 Airport Fund for replacement of the covered parking canopy fabric and hardware at the Corpus Christi International Airport ("Airport"); amending the FY2016 Operating Budget adopted by Ordinance No. 030620 to increase expenditures by $178,000; and authorizing the City Manager or designee to execute an agreement for $177,132 with USA Shade & Fabric Structures for this turnkey project at the Airport. Attachments: Agenda Memo - Parking Lot Canopy Fabric Ordinance - Parking Lot Canopy Fabric Service Agreement - Airport Canopy Replacement Price Sheet - Airport Canopy Replacement Form 1295 - Airport Canopy Replacement 17. 16-0257 First Reading Ordinance - Approving an agreement and appropriating funds to reimburse the developer for the construction of water arterial transmission and grid main line located east of Cimarron Boulevard, south of Yorktown and west of Salsa Drive Ordinance authorizing city manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with Ata O. Azali, LLC., ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $96,617.67 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. Corpus Christi Page 7 Printed on 3/7/2016 City Council Meeting Agenda - Final March 8, 2016 Attachments: Agenda Memo - Ata O. Azali-Queen's Crossing Unit 2 Ordinance - Ata O. Azali-Queen's Crossing Unit 2 Maps - Ata O. Azali-Queen's Crossing Unit 2 Form 1295 - Ata O. Azali-Queen's Crossing Unit 2 P. FUTURE AGENDA ITEMS: (ITEMS 18 - 23) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 18. 16-0256 Approving a Developer Participation Agreement to reimburse the developer for the City's cost to extend Oso Parkway east of Cimarron Boulevard located south of Yorktown and west of Salsa Drive Resolution authorizing the City Manager or designee to execute a developer participation agreement with Ata O. Azali, LLC., ("Developer"), to reimburse the Developer up to $224,662.67 for the City's share of the cost to extend Oso Parkway, in accordance with the Unified Development Code. Attachments: Agenda Memo - Queens Crossing Unit 2 Resolution - Queens Crossing Unit 2 Location Maps - Queens Crossing Unit 2 Form 1295 - Queens Crossing Unit 2 19. 16-0264 Resolution authorizing the execution of an interlocal agreement for park improvements at West Haven Park Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with Nueces County for park improvements at West Haven Park located near intersection of Cliff Maus Drive at Rockford Drive. Attachments: Agenda Memo - West Haven Park Interlocal Nueces County Resolution - West Haven Park Interlocal Nueces County Agreement - Interlocal West Haven Park 030816 w Exhibit Proposed Improvements - West Haven Park 20. 15-1357 Resolution awarding service agreements for Bayfront Parks and Medians Turf and Grounds Maintenance Resolution awarding service agreements to the lowest responsible bidder for each acreage group in response to Bid Event No. 82; and authorizing the City Manager or designee to execute all documents related to this bid award totaling up to $216,279.35. Funds have been budgeted by the Parks and Recreation Departments in FY 2015-2016. Corpus Christi Page 8 Printed on 3/7/2016 City Council Meeting Agenda - Final March 8, 2016 Attachments: Agenda Memo - Bayfront Pks and Medians Mowing Resolution - Bayfront Pks and Medians Mowing Event 82 vFinal Bid Tabulation - Bayfront Pks and Medians Mowing Maps - Mowing Groups 5 6 7 8 Presentation - Service Agreement 3.3.16 Service Agreement - JJ Lawn Event 82 Service Agreement - Dorame Event 82 1295 JJ Lawn 1295 Dorame Maps - Mowing areas 1-4 21. 16-0252 Authorizing execution of Change Order No. 5 for the McArdle Road Improvements from Ennis Joslin Road to Whitaker Drive project (BOND 2012) Motion authorizing the City Manager, or designee, to provide for the installation of a new traffic signal by executing Change Order No. 5 to a construction contract with Reytec Construction Resources, Inc. of Corpus Christi, Texas in the amount of $286,512.96 for a restated fee of $11,098,692.16 for the McArdle Road Improvements from Ennis Joslin Road to Whitaker Drive. (BOND 2012) Attachments: Agenda Memo - McArdle C05 Budget - McArdle C05 Location Map - McArdle C05 Vininity Map McArdle C05 Presentation - McArdle Road Impr BOND 2012 C05 Change Order 5 - McArdle Form 1295 - McArdle 22. 16-0235 Design - Build Agreement for Bayshore Park (Bond 2008 Proposition 7) Motion authorizing the City Manager, or designee, to execute a Design - Build Agreement with Fulton Coastcon General Contractors of Corpus Christi, Texas in the amount of $5,080,000 for the Bayshore Park project as part of the Bond 2008 Proposition 7 Bayfront Development Plan Phase 3 project. Attachments: Agenda Memo - Bayshore Park Project Budget - Design Build Services for Bayshore Park Location Map - Bayshore Park Form 1295 (Fulton) - Design Build Services for Bayshore Park Presentation - Design Build Services for Bayshore Park Corpus Christi Page 9 Printed on 3/7/2016 City Council Meeting Agenda - Final March 8, 2016 23. 16-0251 Authorizing execution of an Engineering Design Contract for the design of traffic signals approved in the 2014 Highway Safety Improvement Program grant Motion authorizing the City Manager or designee to execute the engineering design, bid and construction phase services contract with Maldonaldo-Burkett Intelligent Transportation Systems, LLP (MBITS) of Corpus Christi, Texas in the amount of $668,956.56 for the design of traffic signals approved in the 2014 Highway Safety Improvement Program grant. Attachments: Agenda Memo - 2014 Highway Safety Imp Program Budget - 2014 Highway Safety Imp Program Location Map - 2014 Highway Safety Imp Program Engineering Design Contract - 2014 Highway Safety Imp Program Presentation - 2014 Highway Safety Imp Program Form 1295 - 2014 Highway Safety Imp Program Q. BRIEFINGS: (NONE) 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 Manager, but no other action will be taken and no public comment will be solicited. R. PUBLIC INTERVIEWS FOR COUNCIL MEMBER AT -LARGE VACANCY (To be held at approximately 3:00 p.m.) The City Council will conduct public interviews with the finalists for the vacant Council Member At Large position. No public comment will be solicited. After the interviews, the Council will go into executive session to deliberate, and then will announce their selection in open session. 24. 16-0273 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, members of the City Council. S. ADJOURNMENT Corpus Christi Page 10 Printed on 3/7/2016 Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, February 23, 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 Rabbi Mary Ekroos - Kehilat B'nai Shalom. Rabbi Mary Ekroos gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Steve Viera - Benefits Manager, Human Resources. Benefits Manager Steve Viera led the Pledge of Allegiance. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. City Secretary Rebecca called the roll and verified that a quorum of the City Council and the required Charter officers were present to conduct the meeting. (Note: Council Member Magill arrived at 11:57 a.m.) Charter Officers: City Manager Ron Olson, City Attorney Miles K. Risley, and City Secretary Rebecca Huerta. Present: 9 - Mayor Nelda Martinez,Council Member Rudy Garza,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas,Council Member Lucy Rubio,Council Member Brian Rosas,Council Member Mark Scott, and Council Member Carolyn Vaughn E. Proclamations / Commendations 1. Proclamation declaring March 6-12, 2016, "Women in Construction Week". Recognition of City Council Member Lillian Riojas. Mayor Martinez presented the proclamation. Mayor Martinez recognized Council Member Lillian Riojas for her service as an Corpus Christi Page 1 Printed on 3/3/2016 City Council Meeting Minutes February 23, 2016 AI -Large Council Member and presented her with a gift and Certificate of Commendation. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER Mayor Martinez deviated from the agenda and referred to City Manager's Comments. City Manager Ron Olson spoke on the following topics: 1) City Manager Olson announced that 10 tons of glass were collected at the recent Glass Recycling Event. City Manager Olson stated the the recycle program is working well and continues to be a great service. 2) At the "Adopt -A -Beach Event" held last weekend, 51 volunteers helped collect 775 pounds of trash on the beach. 3) Fire Chief Robert Rocha named Firefighter I Paramedic Arturo Caceres "2016 Firefighter of the Year" and Fire Inspector Brian Rogers "2016 Fire Prevention Officer of the Year". 4) City Manager Olson announced the promotion of Rudy Bentancourt to Director of Housing and Community Development. 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 called for comments from the public. Gary Adams, 1929 Sandy Way, spoke regarding the condition of Sandy Way, dust control from the caliche street, and ownership of the street. Council Member McIntyre stated that a meeting with City staff will be held on March 9, 2016 for residents of Sandy Way to discuss options going forward. Bob Algeo, 15629 Three Fathoms Bank Drive, spoke in support of Agenda Item 18, an update to the Code of Ordinances regarding campfires on Gulf of Mexico beaches, and recommended adding language to cite people driving with pallets on the beach. Mr. Algeo commented on the new rules imposed by the Padre Isles Property Owners' Association. The following individuals spoke in support of Agenda Item 19, establishing regulations for Transportation Network Companies, like Uber and Lyft: Edward Espino, 5826 S. Alameda; Cecilia Cruz, 5217 Williams Drive; and Craig Jamison, 4609 Snead Drive. SirFredrickvon USA King VII, 1442 Arlington Drive, spoke regarding the collective bargaining agreement with the Corpus Christi Firefighters' Association and in support of Agenda Item 19. Allison Vela, 3526 Crestdale Drive, spoke regarding Crestmont Park, City parks being underfunded, and in opposition to the Parks Master Plan. Stacie Palacios, 7313 Candy Ridge, spoke to raise awareness of the need for volunteers at Animal Care Services. Joan Veith, 5701 Cain Drive, thanked Council Member Riojas for her service to the City. Corpus Christi Page 2 Printed on 3/3/2016 City Council Meeting Minutes February 23, 2016 H. MINUTES: 2. Regular Meeting of February 16, 2016. Mayor Martinez referred to approval of the minutes. Council Member Garza made a motion to approve the minutes, seconded by Council Member Magill and passed unanimously. I. BOARD & COMMITTEE APPOINTMENTS: (NONE) J. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 3 - 10) Approval of the Consent Agenda 3. Mayor Martinez referred to the Consent Agenda. There were no comments from the public. A council member requested that Item 6 be pulled for individual consideration. A motion was made by Council Member Riojas, seconded by Council Member Garza, to approve the Consent Agenda. The consent agenda items were approved by one vote as follows: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member McIntyre Abstained: 0 Resolution approving the submission of a grant application for funding available under the Violence Against Women Act (VAWA) Fund Resolution authorizing the submission of a grant application in the amount of $46,226.82 to the State of Texas, Criminal Justice Division, for funding available under the Violence Against Women Act (VAWA) fund for the Police Department's Family Violence Unit with a city match of $20,000.52, an in-kind match of $6,900.00, for a total project cost of $73,127.34; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. This Resolution was passed on the Consent Agenda. Enactment No: 030771 4. Resolution approving the submission of a grant application for Corpus Christi Page 3 Printed on 3/3/2016 City Council Meeting Minutes February 23, 2016 5. 7. funding available under the Victims of Crime Act (VOCA) Fund Resolution authorizing the submission of a grant application in the amount of $179,149.24 to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit to continue the Victim Outreach Program with a city match of $21,340 and $40,480 in-kind services, for a total project cost of $240,969.24; and authorizing the City Manager or designee to apply for, accept, reject, alter or terminate the grant. This Resolution was passed on the Consent Agenda. Enactment No: 030772 Resolution authorizing the purchase of an Eco -Filter System for the Greenwood Wastewater Treatment Plant Emmissions and Odor Control Improvement Project Resolution authorizing the City Manager or designee to purchase an EcoFilter System from BioAir Solutions, LLC, of Voorhees Township, New Jersey, for a total cost of $257,740 for the Greenwood Wastewater Treatment Plant Emissions and Odor Control Improvement Project. This Resolution was passed on the Consent Agenda. Enactment No: 030773 Approving two Real Estate Sales Contracts for aquisition of right of way for the County Road 52, Phase 2, Extension Project (Bond 2012) Motion authorizing the City Manager or designee to execute Real Estate Sales Contracts with Nueces Electric Cooperative, Inc. (NEC) in the amount of $715,980 plus $6,000 in estimated closing costs for acquisition of Parcel 1 and with Solomon Abdo and A.L. Hernden in the amount of $128,350 plus $2,300 in estimated closing costs for acquisition of Parcel 2, for a total expenditure of $852,630 for both parcels, for the purpose of acquiring fee simple surface rights to two tracts of land containing a total of 11.57 acres including 2,400 linear feet of existing paved road improvements across the NEC property, both located 0.6 miles south of Northwest Boulevard (FM624) and west of FM 1889, required for the construction of the County Road 52 Extension Project - CR69 to FM 1889. (Bond 2012) This Motion was passed on the Consent Agenda. Enactment No: M2016-023 Corpus Christi Page 4 Printed on 3/3/2016 City Council Meeting Minutes February 23, 2016 8. 9. 10. Resolution authorizing the submission of a grant application in the amount of up to five million dollars ($5,000,000) to the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of up to five million dollars ($5,000,000) to the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program. This Resolution was passed on the Consent Agenda. Enactment No: 030774 Second Reading Ordinance - Appropriating reimbursement funds from the Texas State Library and Archives Commission (1st Reading 2/16/16) Ordinance appropriating reimbursement received from the Texas State Library and Archives Commission for participation in Interlibrary Loan Program in the amount of $16,972.92 into the Library Grant Fund No. 1068 to be used for library technology services; and increasing expenditures in the Library Grant Fund No. 1068 by $16,972.92. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030775 Second Reading Ordinance - Accepting and appropriating donation and approving Contract Change Order No. 1 for the Development & Improvements at HEB Tennis Center and Al Kruse Tennis Center (Bond 2012) (1st Reading 2/16/16) Ordinance accepting and appropriating a donation in the amount of $100,000 from the Corpus Christi Tennis Association in Fund No. 3280 for the HEB and Al Kruse Tennis Centers; changing the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to increase revenues and expenditures by $100,000; and authorizing the City Manager, or designee, to execute Change Order #1 with Safenet Services, LLC. of Corpus Christi, Texas in the amount of $390,873.00 for the HEB and Al Kruse Tennis Centers for the replacement and reconstruction of the elevated viewing platform at the HEB Tennis Center. (Bond 2012) The Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030776 Corpus Christi Page 5 Printed on 3/3/2016 City Council Meeting Minutes February 23, 2016 6. Approving a Construction Contract for the Navigation Boulevard Street project from Up River Road to Leopard Street (Bond 2012) Motion authorizing the City Manager, or designee, to execute a construction contract with Clark Pipeline Services, LLC of Corpus Christi, Texas in the amount of $7,808,705.83 and to execute a construction materials testing agreement with Rock Engineering and Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $56,471.00 for the Navigation Boulevard Street project from Up River Road to Leopard Street for the Base Bid Part 2 (Hot Mix Asphaltic Concrete) BOND 2012. Mayor Martinez referred to Item 6, Navigation Boulevard Street Project from Up River Road to Leopard Street (Bond 2012). In response to a council member, Director of Engineering Services Jeff Edmonds stated that the project would be constructed with asphalt. Mr. Edmonds explained that the project was bid with 30 -year design standards for both asphalt and concrete and no bids were received for the concrete alternative. Council members spoke regarding the following topics: the reason contractors did not bid for the concrete alternative; the maintenance on an asphalt street; the 30 -year design standards for asphalt and concrete; the traffic count for Navigation Boulevard; the original bid for concrete; monitoring and maintenance of the street; holding the contractor accountable; a policy that places a new or reconstructed asphalt street in the Street Preventative Maintenance Program; and expansion of the contractor base. Council Member Garza made a motion to approve the motion, seconded by Council Member Scott. This Motion was passed and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: M2016-022 L. EXECUTIVE SESSION: (ITEMS 11 - 12) 11. Mayor Martinez referred to the day's executive sessions. The Council went into executive session. Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining matters and/or the collective bargaining agreements between the City of Corpus Christi and the Corpus Christi Firefighters Association. This E -Session Item was discussed in executive session. 12. Executive Session pursuant to Texas Government Code § 551.071 Corpus Christi Page 6 Printed on 3/3/2016 City Council Meeting Minutes February 23, 2016 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the regulation of transportation network companies and vehicles for hire and enforcement of ordinances related thereto. This E -Session Item was discussed in executive session. O. REGULAR AGENDA: (ITEM 19) 19. First Reading Ordinance - Amending the City Code to establish Article VI. - Transportation Network Companies Ordinance Amending Chapter 57 of the Corpus Christi Code of Ordinances to establish Article VI. - Transportation Network Companies; and providing for severance, publication, penalty, and an effective date. Mayor Martinez referred to Item 19. This item was discussed as part of the Executive Session Item 12, establishing regulations for Transportation Network Companies, drivers and vehicles. Mayor Martinez stated that the City Council welcomes companies like Uber and competition for vehicles -for -hire. Mayor Martinez explained that the proposed ordinance parallels the regulations established in the City of Houston for transportation network companies with the following exceptions: there is no requirement for a local office in Corpus Christi and no provisional period for background checks. There were no comments from the public. Council members spoke regarding the following topics: public safety being a priority; the model established in College Station and San Marcos, Texas; concern that the proposed ordinance overregulates transportation network companies; the last rate discussion for taxicabs; there is an element of buyer beware when using transportation network companies; and the process after the background check and the information provided to the Police Department. MOTION OF DIRECTION Council Member Magill made a motion directing the City Manager to come back to the City Council with a timeframe for when the taxicab rate discussion will begin, seconded by Council Member McIntyre and passed unanimously. Council Member Garza 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: 7 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Nay: 2 - Council Member McIntyre and Council Member Scott Abstained: 0 M. PUBLIC HEARINGS: (NONE) Corpus Christi Page 7 Printed on 3/3/2016 City Council Meeting Minutes February 23, 2016 N. REGULAR AGENDA: (ITEMS 13 - 17) 13. Resolution in support of the Avanti at Calallen Apartments an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as the Avanti at Calallen Apartments to be developed by MDS Housing Leopard, Ltd. Mayor Martinez referred to Item 13. Director of Housing and Community Development Rudy Bentancourt stated that Items 13 - 16 are resolutions in support of affordable housing projects to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) for Housing Tax Credits. The proposed projects are: Avanti at Calallen, Calallen Apartments and Mar Bella Providence Apartments, which are competing in the Region 10 Urban category, and Samuel Place Apartments, which is competing in the At -Risk Set -Aside category along with other projects in the State. And, Item 17 is a resolution identifying Samuel Place Apartments, located at 4315 Carroll Lane, as a project that will significantly contribute to the revitalization of the City Central Corridor Community Revitalization Plan. Clark Colvin, Mar Bella Providence Apartments, spoke regarding development of tax credit properties. Mr. Colvin requested consideration to amend the resolution to construct 129 apartments. He also spoke regarding the submission of a letter to be signed by the City Manager regarding at -risk dedicated permit fees. William Bonilla, 5102 Wooldridge Road, urged the support of the Mar Bella Providence Apartments project, which if approved could provide affordable housing for citizens 62 years of age or older. Henry Flores, Avanti at Calallen, stated that this project proposes no more than 120 affordable housing units for individuals 62 years of age and older with a preference for military veterans. In response to a council member, the developers explained the distiction between the Mar Bella and Avanti projects. There were no comments from the public on Item 13. Council Member Scott made a motion to approve the resolution, seconded by Council Member McIntyre. This Resolution was passed and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: 030777 14. Resolution in support of Calallen Apartments an Affordable Corpus Christi Page 8 Printed on 3/3/2016 City Council Meeting Minutes February 23, 2016 15. Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as CalaIlen Apartments to be developed by ProsperaHCS CalaIlen, LP. Mayor Martinez referred to Item 14. The purpose of this item was provided during the discussion on Item 13. There were no comments from the pubic. In response to a council member, Brad McMurray, developer of ProsperaHCS, stated that the site was selected because it is in an eligible area with the least concentration of affordable housing and zoned appropriately. Mr. McMurray said they are sensitive to the concerns of the school district regarding over -crowding, however this project would not come on line for two years. A council member stated the following concerns with the site: over -crowding affecting the school district; traffic issues; and infrastructure problems. There were no comments from the public. Council Member Scott made a motion to approve the resolution, seconded by Council Member McIntyre. This Resolution was passed and approved with the following vote: Aye: 7 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rosas and Council Member Scott Nay: 2 - Council Member Rubio and Council Member Vaughn Abstained: 0 Enactment No: 030778 Resolution in support of Mar Bella Providence Apartments an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as the Mar Bella Providence Apartments to be developed by the ITEX Group, LLC. Mayor Martinez referred to Item 15. The purpose of this item was discussed during Item 13. Mayor Martinez called for comments from the public. Butch Escobedo, 4902 Saratoga, spoke in support of the project. Council Member Magill made a motion to amend the resolution from 128 units to 129 units, seconded by Council Member McIntyre and passed unanimously. Council Member Rubio made a motion to approve the resolution as amended, seconded by Council Member Magill. This Resolution was passed as amended and approved with the following vote: Corpus Christi Page 9 Printed on 3/3/2016 City Council Meeting Minutes February 23, 2016 16. 17. Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: 030779 Resolution in support of Samuel Place Apartments an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Samuel Place Apartments to be developed by TG 110 Samuel Place, LP. Mayor Martinez referred to Item 16. The purpose of this item was discussed during Item 13. There were no comments from the public. In response to council members, Raymond Lucas, developer of Samuel Place Apartments, stated that the current structure is proposed to be demolished because the current building has foundation problems and asbestos that need to be repaired and larger floor size and accessibility standards need to be configured. Council members spoke regarding the following topics: the current condition of the building; a mechanism that would allow City Council to recommend where affordable housing projects are done; and great work by TG 110 at the project on Glenoak in Flour Bluff. Council Member McIntyre made a motion to approve the resolution, seconded by Council Member Rosas. This Resolution was passed and approved with the following vote: Aye: 7 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rosas and Council Member Scott Nay: 2 - Council Member Rubio and Council Member Vaughn Abstained: 0 Enactment No: 030780 Resolution identifying the project known as Samuel Place Apartments located at 4315 Carroll Lane, in the City Central Corridor Community Revitalization Plan which will contribute to revitalization efforts Resolution of the City Council of the City of Corpus Christi, Texas identifying the project known as Samuel Place Apartments as a development that will contribute most signifcantly to the concerted revitalization efforts of the City in the City Central Corridor; and providing for an effective date. Corpus Christi Page 10 Printed on 3/3/2016 City Council Meeting Minutes February 23, 2016 Mayor Martinez referred to Item 17. The purpose of this item was discussed during Item 13. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the resolution, seconded by Council Member Riojas. This Resolution was passed and approved with the following vote: Aye: 7 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rosas and Council Member Scott Nay: 2 - Council Member Rubio and Council Member Vaughn Abstained: 0 Enactment No: 030781 After the approval of the regular agenda items, council members provided the following comments regarding the support of future affordable housing projects: steering affordable housing projects to address the needs of the community; the ability to encourage an interest to redevelop older areas; awareness of zoning; providing the City Council with information on process changes every two years and the impacts of those changes; and encouraging changes through the legislative agenda to address scoring for revitalization and economic development. O. FIRST READING ORDINANCES: (ITEMS 18, 20 and 21) 18. First Reading Ordinance - Amending the City Code regarding campfires on Gulf of Mexico Beaches Ordinance Amending the Code of Ordinances Section 10-67 regarding campfires on Gulf of Mexico Beaches; providing for penalties; providing for severance; and providing for publication. Mayor Martinez referred to Item 18. Interim Director of Parks and Recreation Stacie Talbert Anaya stated that the purpose of this item is to amend the Code of Ordinances regarding campfires on Gulf of Mexico beaches by increasing the distance campfires must be from structures, defining the materials that may not be used, and requiring campfires to be completely doused before covering with sand. There were no comments from the public. Council members spoke regarding the following topics: signage when entering the beach; the reason the amendment requires that the campfire be doused rather than burn out; enforcement of the ordinance; and public awareness of the amendments. 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: Corpus Christi Page 11 Printed on 3/3/2016 City Council Meeting Minutes February 23, 2016 Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 20. First Reading Ordinance - Appropriating funds for the purchase of security equipment at the American Bank Center Ordinance appropriating $176,500 from the unreserved fund balance in the No. 1130 Arena Facility Fund and transferring to and appropriating in the No. 4710 Visitors Facility Fund for the purchase of security equipment at the American Bank Center; and amending the FY 2015-2016 operating budget adopted by Ordinance No. 030620 to increase expenditures in the Arena Facility Fund by $176,500 and increase expenditures in the Visitors Facility Fund by $176,500 each. Mayor Martinez referred to Item 20. Business Liaison Alyssa Barrera stated that the purpose of this item is to approve appropriations to fund security upgrades at the American Bank Center Arena in the amount of $176,500. The Type A Board recommended approval of this request at its February meeting. There were no comments from the public. Council members spoke regarding the following topic: informing the public of the requirement to use clear bags through additional signage in the parking lots; on the website, and included on printed tickets. 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: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 21. First Reading Ordinance - Approving a Reimbursement Agreement and appropriating funds for the construction of water arterial transmission and grid main line located south along Holly Road, east of Ennis Joslin Road and south of Paul Jones Avenue. Ordinance authorizing city manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with MPM Development, L.P. ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $97,133.33 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. Mayor Martinez referred to Item 21. Assistant Director of Development Services Corpus Christi Page 12 Printed on 3/3/2016 City Council Meeting Minutes February 23, 2016 Julio Dimas stated that the purpose of this item is to execute a water arterial transmission and grid main construction and reimbursement agreement with MPM Development LP for the construction of a water arterial transmission and grid main line in the amount of $97,133.33. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Riojas. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 22 - 25) Mayor Martinez referred to Future Agenda Items. City Manager Olson stated that staff had a planned presentation on Item 23. A council member requested information on Item 25. 22. Approving a Developer Participation Agreement to reimburse the developer for the City's cost to extend North Oso Parkway located south along Holly Road, east of Ennis Joslin Road and south of Paul Jones Avenue. Resolution authorizing the City Manager or designee to execute a developer participation agreement with MPM Development, L.P., ("Developer"), to reimburse the Developer up to $208,946.10 for the City's share of the cost to extend North Oso Parkway, in accordance with the Unified Development Code. This Resolution was recommended to the consent agenda. 23. Approving a contract for Texas Electronic Registration Remote System access for issuing birth certificates Motion authorizing the City Manager or his designee to execute a contract with the Department of State Health Services (DSHS) for the period 9/1/2015 through 8/31/2017 to provide the Corpus Christi-Nueces County Public Health District (CCNCPHD) access to the Texas Electronic Registration Remote System (TER Remote System) for the purpose of issuing individual birth certificates, and pay DSHS a fee of $1.83 for each Certification of Vital Record printed as a result of searches of the database; and ratifying acceptance of the contract to begin September 1, 2015. This Motion was recommended to the consent agenda. Corpus Christi Page 13 Printed on 3/3/2016 City Council Meeting Minutes February 23, 2016 24. Resolution approving a Data Usage Agreement (DUA) with the Texas Health and Human Services Enterprise agencies to facilitate creation, receipt, maintenance, use, disclosure or access to confidential information with the Health District Resolution authorizing the Director of the Corpus Christi Nueces County Public Health District (CCNCPHD), to sign on behalf of the City of Corpus Christi for the CCNCPHD, a Data Use Agreement and its Attachment A with the Texas Health and Human Services Enterprise agencies to facilitate creation, receipt, maintenance, use, disclosure or access to confidential information with the CCNCPHD and describe the CCNCPHD's rights and obligations with respect to the confidential information pursuant to 45 CFR 164.504(e)(1)-(3), for the contract period beginning on the date of execution and ending upon termination of the base contracts listed in Exhibit A. This Resolution was recommended to the consent agenda. 25. Approving Amendment No. 1 to the Engineering contract for the Laguna Shores Road Force Main Replacement Motion authorizing the City Manager or designee to proceed with design phase work by executing Amendment No. 1 with LJA Engineering, Inc. of Corpus Christi, Texas in the amount of $479,977.31 for a total restated fee not to exceed $529,817.31 for Laguna Shores Road Force Main Replacement. This Motion was recommended to the consent agenda. Q. BRIEFINGS: (ITEMS 26 - 27) 26. Flood Hazard Prevention Mayor Martinez referred to Item 26. Assistant Director of Development Services Julio Dimas stated that the purpose of this item is to provide an overview of the flood hazard prevention proposed higher standards. Mr. Dimas provided the following information: the purpose of updating the maps; the higher standard to propose one foot of freeboard; the insurance savings with freeboard; other communities that have adopted freeboard; an explanation of the limit of moderate wave action (LiMWA) higher standard; graphical representation of the coastal zones including LiMWA; how LiMWA will affect new construction; the velocity zone (v -zone) design and construction certificate higher standard; the non -conversion agreement higher standard; the cumulative substantial improvement higher standard; and the reason for adopting higher standards. Council members spoke regarding the following topics: island property owners' concerns with elevated requirements; whether approving all of the higher standards are required to upgrade from a 7- to a 6 -rated community; which higher standard has the highest points; the cost projections for adding one foot of freeboard; the insurance savings with freeboard; an explanation of Corpus Christi Page 14 Printed on 3/3/2016 City Council Meeting Minutes February 23, 2016 the cumulative substantial improvements; the next steps; options for property owners with structures that are currently non-compliant in the Flour Bluff and North Beach areas; if there is flexibility on the substantial repairs and improvements time period; the City's current rating; the criteria for the point system; the potential flood insurance savings for adopting higher standards; concern that approving the cumulative substantial improvement standard will discourage citizens from remodeling or improving their homes; and the number of properties that will be non-compliant by adding one foot of freeboard. 27. Update on Desalination Projects Mayor Martinez referred to Item 27, an update on Desalination Projects. City Secretary Huerta stated that Council Member Riojas recused herself from the discussion on this item. Bob Paulison, Executive Director for the Port Industries of Corpus Christi provided the following information on the industrial desalination project: a recap of the desal feasibility study; the industrial desal study partners; goals and objectives; additional issues and questions that are being considered; what the study has determined; next steps; the milestones to date; and the expected timeframe. Assistant City Manager Mark Van Vleck provided a comparison of the City's desalination pilot project and industrial desal; the progress to date; the desal demonstration timeline; and the steps moving forward. Council members spoke regarding the following topics: the timeline to receive the final report from Freese and Nichols; the projected costs per 1,000 gallons; the impact on the City's water rates; participation from industrial partners; cost of the infrastructure and transmission lines; the industrial stakeholders working with worst-case scenario cost estimates; emphasizing an expandable scale water supply; the percentage of water supply that is surface water; continuing to be "bullish" on the City's water supply; the Corpus Christi Aquifer Storage District; and consideration of a request for information process to identify additional water supply. MOTION OF DIRECTION Council Member Magill made a motion directing the City Manager to solicit innovative and sustainable long-term groundwater supply project concepts and ideas through an open and transparent "Request for Information process," to include, but not limited to: 1) A quantifiable alternative/additional supply of non -surface water; 2) The options for the best delivery point and timing for the city to take additional water; 3) Options to lease the proposed supply, or existing city supplies, to generate additional revenue resources for the benefit of the city; 4) The best available price of such water for City use or lease; 5) Desired water quality; 6) Preparation by the responders to the RFI of future water supply and demand estimates for evaluation and consideration of acceptance by the City; 7) The results of the RFI be brought to council for further consideration; and 8) This does not interfere with desalination or effluent processes; seconded by Council Member Rubio. Discussion topics on the motion of direction included: whether the timing was appropriate; a realistic timeframe for a request for information process; the 10 water supply projects that did not go forward; the Regional Water Planning group; when will the next water supply be needed; the reason the motion does not include surface water; water supply versus water demand; waiting to Corpus Christi Page 15 Printed on 3/3/2016 City Council Meeting Minutes February 23, 2016 R. ADJOURNMENT consider the request for information process until after reviewing the results of the desal project; and staff resources to pursue a request for information. City Manager Olson stated that staff will provide information on the City's water supply resources and demand. City Manager Olson expressed concern that a request for information would have to be structured to not commit the City to a project until we are comfortable to move forward. Based on the feedback from council members, Council Member Magill withdrew his motion of direction until the City Council receives information on the water supply resources and strongly urged that the discussion be held at the Council retreat or before. Mayor Martinez recommended that the Council discuss the water supply during a workshop in Council Chambers. Council Member Rubio withdrew her second. The meeting was adjourned at 5:46 p.m. Corpus Christi Page 16 Printed on 3/3/2016 City Of Corpus Christi BUILDING STANDARDS BOARD BOARD DETAILS SIZE 7 Seats TERM LENGTH 3 Years OVERVIEW TERM LIMIT 6 Years The Building Standards Board hears appeals under the Building Standards and Housing Code, which shall be construed to secure the beneficial interests and purposes of safety, health, and general welfare, through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards incident to the construction, alteration, repair, removal, demolition, use and occupancy of buildings or structures. I -q DETAILS COMPOSITION Seven (7) members, three (3) members at -large of w hom shall be residents of the City and home owners; one (1) shall be a lawyer, three (3) chosen from: realtor, architect, engineer, general contractor, home builder or building materials dealer. Appointed by the City Council for three-year staggered terms. Elects its ow n chairman. CREATION / AUTHORITY Section 13-23, Code of Ordinances. Ordinance No. 7506 - 3-3-65; Ord. No. 9811 - 6-24-70; Ord. No. 13546 - 1-05-77; Ord. No. 022423 - 11-28-95. MEETS Every other month on the 4th Thursday, 1:30 p.m., Council Chambers. The board shall meet w ithin 30 days after notice of an appeal. Meetings are at City Hall. The Building Official or his designee shall keep a record of the business of this office. The records shall be open to public review. TERM DETAILS Three-year staggered terms. DEPARTMENT Housing and Community Development Position Building Standards Board Members March 8, 2016 Two (2) vacancies with terms to 3-3-19 representing the following categories: 1- At -Large and 1- chosen from: realtor, architect, engineer, general contractor, home builder or building materials dealer. ER I Board Name Term End Date Cateor Clarissa Beltran BUILDING STANDARDS BOARD Met six-year term limitation District 4 2 Shane Torno BUILDING STANDARDS BOARD Met six-year term limitation District 5 2 03/03/16 Member At -Large Vice -Chair 03/03/16 Engineer Chair Joel E. De La Garza BUILDING STANDARDS BOARD Active District 4 1 03/03/17 Lawyer Matthew Ezell BUILDING STANDARDS BOARD Active District 2 1 03/03/17 General Contractor Lee Hassman BUILDING STANDARDS BOARD Active District 5 1 03/03/17 Member At -Large Tim Honea BUILDING STANDARDS BOARD Active District 5 1 03/03/18 Home Builder Craig Loving BUILDING STANDARDS BOARD Active District 2 1 03/03/18 Member At -Large Building Standards Board Applicants March 8, 2016 Boards A . • I in For District Em •lo er Work Address Cit Work Phone Gary K. Adams BUILDING STANDARDS BOARD District 4 Retired At -Large or Architect 7 Mark Flores BUILDING STANDARDS BOARD District 1 IBEW 278 At -Large 2301 SARATOGA CORPUS CHRISTI TX 361-816-9597 Denise Gallimore BUILDING STANDARDS BOARD District 4 Group One Real Estate At -Large or Realtor 5302 EVERHART RD. CORPUS CHRISTI TX 361-991-9111 Dante C. Miller BUILDING STANDARDS BOARD District 5 NRL Mortgage/Dream Home Builders/Dansing At -Large or Home Builder 5801 5. STAPLES #E CORPUS CHRISTI TX 361-851-5100 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Aug 06, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Gary K Adams Prefix First Name Middle Last Name Initial Email Address Suffix Which Boards would you like to apply for? BUILDING STANDARDS BOARD Street Address Suite or Apt City District 4 State Postal Code What district do you live in? Primary Phone Retired WorkAddress - Street Address and Suite Number WorkAddress - City WorkAddress - State WorkAddress- Zip Code Alternate Phone Retired Architect Job Title Work Phone gkadams1308@att.net WorkE-mai? address Work 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) Past member of BOCA and ICC. Participated in creating some sections of building code and ADA standards. Registered Voter? QQ Yes QNo Current resident of the city? Yes QNo 12 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement IX I Agree Consent for Release of Information XI IAgree Oath V IAgree Board -specific questions (if applicable) Question applies to BUILDING STANDARDS BOARD. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * g Architect Question applies to BUILDING STANDARDS BOARD. Are you a Homeowner in the City of Corpus Christi? • Yes O No BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: May 05, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Mark Flores Prefix First Name Middle Last Name Suffix Initial Email Address Which Boards would you like to apply for? BUILDING STANDARDS BOARD, ELECTRICAL ADVISORY BOARD Street Address Suite or Apt City District 1 State Postal Code What district do you live in? luggimmig. Primary Phone IBEW 278 2301 SARATOGA WorkAddress - Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State 78417 WorkAddress- Zip Code Alternate Phone ASST. BUSINESS MANAGER Job Title 361-816-9597 Work Phone Work E-mail address Work 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) (1980-1984) TEXAS GULF COAST ELECTRICAL JOINTAPPRENTSHIP PROGRAM AND TRAINING PROGRAM. 34 YEARS ELECTRICAL EXPERIENCE Registered Voter? S Yes Q No Current resident of the city? Qi Yes Q No 39 If yes, how many years? Upload a Resume FLORES.pdf Please upload any additional supporting documents Demographics Hispanic Ethnicity Male Gender Verification City Code Requirement Z !Agree Consent for Release of Information !Agree Oath M !Agree Board -specific questions (if applicable) Question applies to BUILDING STANDARDS BOARD. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® None of the above Question applies to BUILDING STANDARDS BOARD. Are you a Homeowner in the City of Corpus Christi? •Yes 0No STATE OF TEXAS MARK A FLORES JOURNEYMAN ELECTRICIAN UCENSE NUMBER 24503 EXPIRES 05/25/2015 ff) TEXAS DEPARTMENT OF LICENSING AND REGULATION BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Mar 02, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Denise Prefix First Name Email Address Gallimore Middle Last Name Initial Suffix Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE, BUILDING STANDARDS BOARD, HOUSING AUTHORITY, NUECES COUNTY TAX APPRAISAL DISTRICT Street Address Suite orApt City District 4 What district do you live in? Primary Phone Alternate Phone GROUP ONE REAL ESTATE Employer 5302 EVERHART RD. WorkAddress - Street Address and Suite Number CORPUS CHRISTI WorkAddress- City TX WorkAddress - State 78411 WorkAddress- Zip Code State Postal Code PROPERTY MANAGER & SALES AGENT Job Title 361-991-9111 Work Phone Work E-mail address Home/PrimaryAddress 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) LICENSED TEXAS REALTOR MEMBER OF CORPUS CHRISTIASSOCIATION OF REALTORS MEMBER OF NATIONALASSOCIATION OF RESIDENTIAL PROPERTY MANAGERS LICENSED MASSAGE THERAPIST Registered Voter? Qi Yes Q No Current resident of the city? QQ Yes Q No If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Asian or Pacific Islander Ethnicity Female Gender Verification City Code Requirement ® IAgree Consent for Release of Information ® IAgree Oath IX IAgree Board -specific questions (if applicable) Question applies to BUILDING STANDARDS BOARD. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Realtor Question applies to BUILDING STANDARDS BOARD. Are you a Homeowner in the City of Corpus Christi? O Yes 0 No BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Feb 20, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Dante C Miller Prefix First Name Middle Last Name Suffix Initial Email Address Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION, BUILDING CODE BOARD OF APPEALS, BUILDING STANDARDS BOARD, COMMISSION ON CHILDREN & YOUTH, CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE, CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, HOUSING AUTHORITY, MAYOR'S FITNESS COUNCIL, NUECES COUNTY TAX APPRAISAL DISTRICT, PLANNING COMMISSION Street Address Suite orApt City District 5 What district do you live in? wisomme State Postal Code olisaimme Primary Phone Alternate Phone NRL Mortgage/Dream Home Builders/Dansing Branch MGR/ Builder/ Director Employer Job Title 5801 S Staples #E WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress- City Tx WorkAddress- State 78413 WorkAddress-Zip Code 3618515100 Work Phone dante.miller@nrlmortgage.com Work 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 in Banking, Finance, Accounting, Insurance and Real Estate Registered Voter? QQ Yes No Current resident of the city? QQ Yes QNo 20 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement • I Agree Consent for Release of Information ® I Agree Oath ® IAgree Board -specific questions (if applicable) Question applies to BUILDING STANDARDS BOARD. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Home Builder Question applies to BUILDING STANDARDS BOARD. Are you a Homeowner in the City of Corpus Christi? O Yes 0 No City Of Corpus Christi CIVIL SERVICE COMMISSION BOARD DETAILS OVERVIEW SIZE 3 Seats TERM LENGTH 3 Years TERM LIMIT 6 Years DETAILS COMPOSITION FOR FIREFIGHTERS AND POLICE OFFICERS ONLY - The Civil Service Commission adopts, amends, and enforces a code of rules and regulations providing for appointment, employment, or suspension in all positions in the classified service based upon citizenship, character, merit, efficiency, and industry, which shall have the force and effect of law; and also, rules regulating promotions, demotions, reduction of force of employees in the classified service and in what order they shall be dismissed and reinstated. With additional duties as outlined under Chapter 143, Texas Local Government Code. Three (3) members shall be appointed by the Chief Executive of the City and confirmed by a majority of the City Council. Members must (1) be of good moral character, (2) be a U. S. Citizen, (3) be a resident of the City and have lived in the City for three years preceding appointment, (4) be over 25 years of age, and (5) not have held a public office w ithin the preceding three years. CREATION / AUTHORITY Chapter 143, Texas Local Government Code. MEETS Meets third Thursday of every month and on call, 9:00 a.m., Human Resources Conference Room, 2nd Floor, City Hall. TERM DETAILS Three-year terms. DEPARTMENT Human Resources Im• Paul Grivich CIVIL SERVICE BOARD Resigned District 4 Partial 06/15/16 Member Tammy F. McDonald CIVIL SERVICE BOARD Active District 1 1 06/15/18 Member Guy Nickleson CIVIL SERVICE BOARD Active District 5 1 06/15/17 Chair Civil Service Commission Members March 8, 2016 One (1) vacancy with term to 6-15-16. (Note: The City Manager appoints to the Civil Service Commission, subject to confirmation by the City Council.) (Note: City Manager Ron Olson is recommending the new appointment of Rixio Medina.) Civil Service Commission Applicant March 8, 2016 Name Boards Applying For Rixio Medina CIVIL SERVICE BOARD District 5 BOARD OF CERTIFIED SAFETY PROFESSIONALS BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Feb 01, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Rixio Medina Prefix First Name Middle Last Name Initial Email Address Suffix Which Boards would you like to apply for? CIVIL SERVICE BOARD, CIVIL SERVICE COMMISSION Street Address Suite or Apt City District 5 State Postal Code What district do you live in? Primary Phone Alternate Phone BOARD OF CERTIFIED SAFETY PROFESSIONALS Employer Job Title WorkAddress - Street Address and Suite Number WorkAddress - City WorkAddress - State WorkAddress- Zip Code Work Phone Work E-mail address Home/PrimaryAddress 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) SEE ATTACHED RESUME MS, INDUSTRIAL SECURITY FROM UNIVERSITY OF CENTRAL MISSOURI BS, ENGINEERING TECHNOLOGY FIRE PROTECTION AND SAFETY FROM OKLAHOMA STATE UNIVERSITY MEMBER OF THE BOARD OF DIRECTORS AND PAST PRESIDENT, BOARD OF CERTIFIED SAFETY PROFESSIONAL (BCSP) NO PRESENT COMMUNITYACTIVITY Registered Voter? QQ Yes Q No Current resident of the city? Qi Yes Q No 4 If yes, how many years? MEDINA.pdf Upload a Resume Please upload any additional supporting documents Demographics Hispanic Ethnicity Male Gender Verification City Code Requirement ® IAgree Consent for Release of Information iXI IAgree Oath V IAgree Board -specific questions (if applicable) Question applies to CIVIL SERVICE BOARD, CIVIL SERVICE COMMISSION. Have you resided in the City for at least 3 years? 0 Yes 0 No Question applies to CIVIL SERVICE BOARD, CIVIL SERVICE COMMISSION. Have you held public office during the past 3 years? Q Yes Qi No Question applies to CIVIL SERVICE BOARD, CIVIL SERVICE COMMISSION. Are you over 25 years of age? Qi Yes Q No Education RIXIO E. MEDINA, CSP, CPP, CMIOSH M.S., Industrial Security, University of Central Missouri (1982) B.S., Engineering Technology Fire Protection and Safety, Oklahoma State University (1977) A.D., Fire Protection and Safety Technology, Oklahoma State University (1976) Summary of Experience Senior executive, manager and technical leader accomplished in aspects of occupational safety and health, fire protection, security, process safety and risk management at corporate and facility level. Over thirty-six years of experience in risk management in the oil and gas, refining and petrochemical industries. Key areas of expertise include: • Safety and process safety regulatory interpretations and practical compliance. • Auditing of safety and health performance and process safety management programs. • Strategic planning for sustainable and continuous performance improvement in safety, security and process safety management. • Development, communication and cost effective implementation of Health, Safety, Security and Environmental (HSSE) management systems. • Develop and manage of safety, health, fire protection, process safety, security, emergency response and crisis management policies, procedures, directives and body of knowledge. • Development, tracking and communication of key HSSE performance indicators. • Organizing, budgeting, staffing, directing and control of HSSE and shared services functions in diverse and fast paced work environments. • Mentoring and professional development and succession planning for HSSE staff. • Build and maintain effective relationship with communities, governmental agencies, and professional, industry and trade organizations. Certified Safety Professional (CSP), Certified Protection Professional Board Certified in Security Management (CPP), and a Chartered Member of the Institution of Occupational Safety and Health (CMIOSH) of the UK. Elected to serve as Director of the Board of Certified Safety Professional (BCSP) for the 2009-2014 term of office and served as President in 2013. A Fellow of the American Society of Safety Engineers (ASSE) and served on the Board of Directors as the Vice President for Professional Affairs. Honored by Oklahoma State University as a Distinguished Alumni in 2009 and inducted in the Hall of Fame of the College of Engineering, Architecture and Technology in 2013. Appointed by the President of the United States, with review and consent of the U.S. Senate, to serve as a Board Member on the U.S. Chemical Safety and Hazard Investigation Board in Washington, DC. He has also received four appointments from the U.S. Secretary of Labor Rixio E. Medina Page 2 during Presidents' Clinton, Bush and Obama administrations, to serve as Occupational Safety Professional Representative on the National Advisory Committee on Occupational Safety and Health (NACOSH) in Washington, DC. Served on the Technical Advisory Committee of Texas A&M University's Mary K. O'Conner Process Safety Center, the American Petroleum Institute Fire and Safety Committee and in the American Fuel and Petrochemical Manufacturers (previously National Petrochemical and Refiners Association) Fire and Accident Prevention and Security Committees. Served on the Local Emergency Planning Committees and the Contractors' Safety Councils of Lake Charles, Louisiana and Corpus Christi, Texas, and as President and Board Member of the Refinery Terminal Fire Company (RTFC) in Corpus Christi. Professional Experience Rixio Medina & Associates, L.P (2009 - present) Corpus Christi, TX General Partner and Consultant. Provide fire, safety, process safety, regulatory compliance, governmental affairs and security consultation services for the petroleum, refining and petrochemical industries. Performed PSM Audits for refineries in the USA and provided safety and security consulting services for a grass - root refinery project completed in India and facilities in Australia, Europe, South America and in the United States. Responsibility includes facilitating and participation in process hazards analyses (PHA) and development and implementing safe work practices, and programs and procedures for pre -startup safety review, contractor safety management, process safety information, safe work practices, emergency planning and response, incident investigations, and management of change. Assisted companies with the interpretation, strategic planning and compliance with the OSHA general industry, construction and process safety regulations and recognized good practices. Conducted numerous process safety and safety and health compliance audits and continues improvement assessments in exploration and production, refining, chemical, gas and fuel distribution facilities, both at corporate and facility level. AcuTech Consulting (2013 - 2014) Houston, TX Vice President, Southern Business Unit Provide specialized consulting in risk and safety analyses, process safety and security audits and training. Areas of responsibilities include performance of technical work, management of projects and business development. BP (2012 - 2013) Houston, TX Process Safety Auditor. Perform worldwide audits of business units and facilities to verify correct implementation of BPs Operation Management System, safety and process safety management. Review entity risk and provider constructive challenge to entity management of existing identified risks, looking for opportunities to identify risk not already considered or managed. Develop findings, actions and program assessments, to assist audited entities drive safe, reliable and complaint operations. Rixio E. Medina Page 3 CITGO Petroleum Corporation/PDVSA (1978-1990; 1992-2003; 2004-2009) Houston, TX Vice President, Health, Safety, Security, Environmental Protection and Shared Services. Officer of the corporation responsible for overseeing CITGO Integrated Management System (IMS), health services, safety, information and corporate security, environmental protection, information technology, real estate, facilities and corporate services departments. Vice Chair of the Central Procurement Committee and Member of the Corporate Human Resources Committee. Prior to this senior executive appointment, held the positions of Manager Corporate Health, Safety and Security, Manager Corporate Process Safety, Manager Health & Safety, Corpus Christi Refinery, and Manager Safety and Industrial Hygiene, Lake Charles Refinery. With Lagoven -PDVSA served as the Environmental, Health and Safety Superintendent for the Eastern Division, the Amuay Refinery and National Marketing Department; Fire Chief and Fire Protection Group Leader, Western E&P Division; Security Group Leader, E&P Western Division; Fire Chief and Fire Protection Supervisor at the Amuay Refinery, and Corporate Fire Protection Advisor. US Chemical Safety and Hazard Investigation Board (2003-2004) Washington, DC Board Member. Presidential Appointee with U.S. Senate review and consent. Responsible for major budgeting decisions, strategic planning and direction, general agency oversight, and approval of accident investigation reports and studies. Mobil Oil Company (1990-1991) Joliet, IL. Safety Engineering Supervisor. Responsible for safety engineering and fire protection technical support. Professional Affiliations • Certified Safety Professional No. 19798. Board of Certified Safety Professionals. • Certified Protection Professional No. 9431. Professional Certification Board ASIS Int. • Chartered Member, No. 130060. Institution of Occupational Safety and Health. UK • Fellow No. 208654. American Society of Safety Engineers Professional Associations January 2009 — Present June 2008 -- Present Board of Certified Safety Professional. Member of the Board of Directors. Champaign, Illinois. 2012 Vice President 2013 President 2014 Past President Oklahoma State University. Member of the Advisory Board of the School of Fire Protection and Safety. Stillwater, Oklahoma Rixio E. Medina Page 4 April 2002 - Present ASIS International (formerly American Society of Industrial Security). Member. Arlington, Virginia January 2002 -- 2010 National Petrochemical and Refiners Association (AFPM) 2002-2004 Member of the Fire and Accident Prevention and Security Committees. Washington, DC. 2010 - Affiliated Member Representative January 1997 December 2002 American Petroleum Institute. Member of the Fire Protection and Safety Subcommittee. Washington, DC. June 1996 - November 2001 Refinery Terminal Fire Company (RTFC) President (December 1999- March 20 Vice President (June I996 - November 1999; April 2001 -- November 2001). Corpus Christi, Texas. 1977 - 2001 Contractor Safety Council of the Coastal Bend. Member of the Advisory Board. Corpus Christi, Texas. 1996 - 2001 1995 - 1996 Local Emergency Planning Committee and Community Alert and Notification Sub -Committee. Committee Member - Industry Representative City of Corpus Christi, Texas. Calcasieu Parish Local Emergency Planning Committee. Committee Member -- Industry Representative. Lake Charles, Louisiana. 1992 - 1996 Southwest Louisiana Safety Council Safety Training Center. Board Member. Lake Charles, Louisiana. 1992 - 1996 1991 - Present Calcasieu Parish Community Awareness and Emergency Response (CAER) . Industrial Member. Lake Charles, Louisiana. President (1995), Secretary (1994), Treasurer (1993). American Society of Safety Engineers (ASSE) Fellow No. 205684 Society: Vice President Council of Professionals Affairs, Member, Professional Conduct Committee and Member of the Board of Directors (July - December 2003). Member, Management Symposium Task Force (08/05-03/05), Bylaws Committee (07.'05 -06/08), Diversity Committee (07'06- 06/08), Standard Development Committee (07 06- Rixia R. Medina Page 5 Other Activities 2009 - Present 06:08), Global Committee (07/10 -06/11) Trustee, ASSE Foundation (07107 - 06.11). Ambassador for Latin America (2013-2014). Chapters: Imperial- Calcasieu Chapter. Lake Charles, Louisiana. Secretary (1994). Treasurer (1995). Coastal Bend Chapter. Corpus Christi, Texas. Chair, Governmental Affairs (1999-2001). Member, Scholarship Committee (2000). Ergonomics Technologies Corporation. Member of the Scientific Advisory Board and Consultant. Syosset, \ .. Yt,rk 1999 Del Mar College. Adjunct Professor. Process Technology - Fire and Safety. Corpus Christi, Texas. 1999 - 2001 Award and Recognitions Civil Service Commission and Civil Service Board. Chair of the Commission and Vice Chair of the Board. Corpus Christi, Texas 2013 Oklahoma State University. College of Engineering, Architecture and Technology. - Hall of Fame. 2012 American Society of Safety Engineers - Fellow Honor - Distinguished Service Award ASSE Foundation - Significant Contributor Safety Professional and Latino Worker Special Interest Group. 2009 Oklahoma State University. - Distinguished Alumni. American Society of Safety Engineers - Diversity in the Safety, Health and Environmental Profession Award - Recognition for Promoting the Safety Profession Among Latinos and Making a Positive Impact in the Latino Community. Safety Professional and the Latino Workforce Common Interest Group. Rixio E. Medina Page 6 2008 Oklahoma State University, School of Fire Protection and Safety. - Hall of Heroes and Legends. Selected publications and presentations "Safety Leadership". William's Company Safety Representatives 2013 Conference. San Antonio, TX. "Doing the Right Thing- PSM" Plant Success 2011 Conference. CIear Lake, TX "Call for Action". 2010 National Action Summit for Latino Worker Health and Safety. OSHA/NIOSH. Houston, TX "Safety During Bad Economic Times". 2009 Meeting National Hispanic Professional Organization. Houston, TX "Integrating Health, Safety, Security, and Environmental Management Systems". Carnival Corporation 2006 Senior Shoreside Management Seminar. Coral Gables, FL "Chemical Safety: A Behavioral Safety Approach". 2004 Behavioral Safety Now Conference, Reno, NV "U.S. Chemical Safety Update". 2004 ExxonMobil Downstream and Chemicals Americas' SHE Managers Council Meeting. Houston, TX, and 2004 Texas Chemical Council Environmental, Safety & Health Seminar. Galveston, TX and California Statewide CAER Conference. San Diego, CA "The US Chemical Safety Board: An Emerging Federal Agency". 2004 Human Performance, Root Cause and Trending Industry Workshop. Savannah, GA "Chemical Facilities Safety and Security: Training and Preparedness Issues". National Institute of Environmental Health Sciences — 2004 Worker Education and Training Program Awardees' Meeting and Technical Workshop. Washington, DC. "A Learning Safety Culture for Chemical Safety". 2004 New Mexico Chapter American Society of Safety Engineers Professional Development Conference. Albuquerque, NM "Reactive Chemicals Hazards". 2004 National Petrochemicals and Refiners Association (NPRA). National Safety Conference. Austin, TX "Security Hazards and Countermeasures for Process Safety Management". 2002 Terrorism: What Every Employer Should Know Conference. Texas Engineering Extension Services. Arlington, TX Rixio E. Medina Page 7 "Safety in the Design". Keynote Speaker representing the American Society of Safety Engineers at the 2002 Mexican Association of Mechanical and Electrical Engineers' National Safety Conference. Guadalajara, Mexico "Occupational Health & Safety as a Business Decision". Invited in 2000 by the U.S. Department of Labor — Office of Foreign Affairs and OSHA to speak to Governmental Officials, Business Leaders and Trade Unions in Belize, Guatemala, Nicaragua and Honduras. "The Globalization of Occupational Health and Safety. "Investment and Administration of Health and Safety in the Workplace". "Preventive Health Services in the Workplace". Invited by The US DOL — Office of Foreign Affairs and OSHA to 2000 NAFTA's Fourth North American Health and Safety Conference. Mexico City, Mexico. "Emergency Response and Planning: The Last Defense". 2000 PDVSA's Process Safety Management Conference. Maracaibo, Venezuela. "Hydrofluoric Acid Alkylation Unit Incident". National Petrochemical and Refiners Association. 1998 National Safety Conference. San Antonio, TX. "The Implementation and Maintenance of a Behavioral Safety Process in Petroleum Refinery". Co-author with Wanda V. Myers, Terry McSweeen, Kristen Rost and Alicia M. Alvero. Journal of Organizational Behavior Management, Volume 30 Issue 4, 2010. "Behavioral Safety in a Refinery: Large-scale change and long-term results". Co-author with Terry McSweeen, Kristen Rost and Alicia M. Alvero. Professional Safety Journal. ASSE August 2009. "Does Your Plant Whistle Meet OSHA Regulations?". Occupational Hazards. 1995. Cleveland, OH. "Process Safety Management of Highly Hazardous Chemicals". Noticiero de Seguridad. Consejo Interamericano de Seguridad 1992. Totowa, NJ. "Firefighting Foams". Noticiero Tecnico Sobre Incendios 1985. Oficina Latinoamericana de Protection Contra Incendios. Bogota, Colombia. June, 2014 City Of Corpus Christi CIVIL SERVICE BOARD BOARD DETAILS SIZE 3 Seats TERM LENGTH 3 Years OVERVIEW TERM LIMIT 6 Years DETAILS COMPOSITION The Civil Service Board adopts, amends, and enforces a code of rules and regulations providing for appointment, employment, or suspension in all positions in the classified service based upon citizenship, character, merit, efficiency, and industry, which shall have the force and effect of law; and also rules regulating promotions, demotions, reduction of force of employees in the classified service and in what order they shall be dismissed and reinstated. CREATION / AUTHORITY MEETS TERM DETAILS Three (3) members shall be appointed by the Council for three-year terms or until a successor is named. The members choose their ow n chairman and appoint a chief examiner, not a member of the Board, w ho shall also act as secretary. Members must (1) be of good moral character, (2) be a U. S. Citizen, (3) be a resident of the City and have lived in the City for three years preceding appointment, (4) be over 25 years of age, and (5) not have held a public office w ithin the preceding three years, with the exception of notary public. City Charter Amendment Art. VII, Sec. 2(3-25-55), Ord. 12948, Ord. 17258 - 9/15/82; amended 4-3-93. Meets third Thursday of every month and on call, 9:00 a.m., Human Resources Conference Room, 2nd Floor, City Hall. Three-year terms. DEPARTMENT Human Resources Paul Grivich CIVIL SERVICE BOARD Resigned District 4 Partial 06/15/16 Member Tammy F. McDonald CIVIL SERVICE BOARD Active District 1 1 06/15/18 Member Guy Nickleson CIVIL SERVICE BOARD Active District 5 1 06/15/17 Chair Civil Service Board Members March 8, 2016 One (1) vacancy with term to 6-15-16. (Note: The City Council appoints to the Civil Service Board. Traditionally, the same members serve on the Civil Service Board and Commission.) Board name itt;mmi Position Civil Service Board Applicant March 8, 2016 Boards Applying For Rixio Medina CIVIL SERVICE BOARD District 5 BOARD OF CERTIFIED SAFETY PROFESSIONALS BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Feb 01, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Rixio Medina Prefix First Name Middle Last Name Initial Email Address Suffix Which Boards would you like to apply for? CIVIL SERVICE BOARD, CIVIL SERVICE COMMISSION Street Address Suite or Apt City District 5 State Postal Code What district do you live in? Primary Phone Alternate Phone BOARD OF CERTIFIED SAFETY PROFESSIONALS Employer Job Title WorkAddress - Street Address and Suite Number WorkAddress - City WorkAddress - State WorkAddress- Zip Code Work Phone Work E-mail address Home/PrimaryAddress 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) SEE ATTACHED RESUME MS, INDUSTRIAL SECURITY FROM UNIVERSITY OF CENTRAL MISSOURI BS, ENGINEERING TECHNOLOGY FIRE PROTECTION AND SAFETY FROM OKLAHOMA STATE UNIVERSITY MEMBER OF THE BOARD OF DIRECTORS AND PAST PRESIDENT, BOARD OF CERTIFIED SAFETY PROFESSIONAL (BCSP) NO PRESENT COMMUNITYACTIVITY Registered Voter? QQ Yes Q No Current resident of the city? Qi Yes Q No 4 If yes, how many years? MEDINA.pdf Upload a Resume Please upload any additional supporting documents Demographics Hispanic Ethnicity Male Gender Verification City Code Requirement ® IAgree Consent for Release of Information iXI IAgree Oath V IAgree Board -specific questions (if applicable) Question applies to CIVIL SERVICE BOARD, CIVIL SERVICE COMMISSION. Have you resided in the City for at least 3 years? 0 Yes 0 No Question applies to CIVIL SERVICE BOARD, CIVIL SERVICE COMMISSION. Have you held public office during the past 3 years? Q Yes Qi No Question applies to CIVIL SERVICE BOARD, CIVIL SERVICE COMMISSION. Are you over 25 years of age? Qi Yes Q No Education RIXIO E. MEDINA, CSP, CPP, CMIOSH M.S., Industrial Security, University of Central Missouri (1982) B.S., Engineering Technology Fire Protection and Safety, Oklahoma State University (1977) A.D., Fire Protection and Safety Technology, Oklahoma State University (1976) Summary of Experience Senior executive, manager and technical leader accomplished in aspects of occupational safety and health, fire protection, security, process safety and risk management at corporate and facility level. Over thirty-six years of experience in risk management in the oil and gas, refining and petrochemical industries. Key areas of expertise include: • Safety and process safety regulatory interpretations and practical compliance. • Auditing of safety and health performance and process safety management programs. • Strategic planning for sustainable and continuous performance improvement in safety, security and process safety management. • Development, communication and cost effective implementation of Health, Safety, Security and Environmental (HSSE) management systems. • Develop and manage of safety, health, fire protection, process safety, security, emergency response and crisis management policies, procedures, directives and body of knowledge. • Development, tracking and communication of key HSSE performance indicators. • Organizing, budgeting, staffing, directing and control of HSSE and shared services functions in diverse and fast paced work environments. • Mentoring and professional development and succession planning for HSSE staff. • Build and maintain effective relationship with communities, governmental agencies, and professional, industry and trade organizations. Certified Safety Professional (CSP), Certified Protection Professional Board Certified in Security Management (CPP), and a Chartered Member of the Institution of Occupational Safety and Health (CMIOSH) of the UK. Elected to serve as Director of the Board of Certified Safety Professional (BCSP) for the 2009-2014 term of office and served as President in 2013. A Fellow of the American Society of Safety Engineers (ASSE) and served on the Board of Directors as the Vice President for Professional Affairs. Honored by Oklahoma State University as a Distinguished Alumni in 2009 and inducted in the Hall of Fame of the College of Engineering, Architecture and Technology in 2013. Appointed by the President of the United States, with review and consent of the U.S. Senate, to serve as a Board Member on the U.S. Chemical Safety and Hazard Investigation Board in Washington, DC. He has also received four appointments from the U.S. Secretary of Labor Rixio E. Medina Page 2 during Presidents' Clinton, Bush and Obama administrations, to serve as Occupational Safety Professional Representative on the National Advisory Committee on Occupational Safety and Health (NACOSH) in Washington, DC. Served on the Technical Advisory Committee of Texas A&M University's Mary K. O'Conner Process Safety Center, the American Petroleum Institute Fire and Safety Committee and in the American Fuel and Petrochemical Manufacturers (previously National Petrochemical and Refiners Association) Fire and Accident Prevention and Security Committees. Served on the Local Emergency Planning Committees and the Contractors' Safety Councils of Lake Charles, Louisiana and Corpus Christi, Texas, and as President and Board Member of the Refinery Terminal Fire Company (RTFC) in Corpus Christi. Professional Experience Rixio Medina & Associates, L.P (2009 - present) Corpus Christi, TX General Partner and Consultant. Provide fire, safety, process safety, regulatory compliance, governmental affairs and security consultation services for the petroleum, refining and petrochemical industries. Performed PSM Audits for refineries in the USA and provided safety and security consulting services for a grass - root refinery project completed in India and facilities in Australia, Europe, South America and in the United States. Responsibility includes facilitating and participation in process hazards analyses (PHA) and development and implementing safe work practices, and programs and procedures for pre -startup safety review, contractor safety management, process safety information, safe work practices, emergency planning and response, incident investigations, and management of change. Assisted companies with the interpretation, strategic planning and compliance with the OSHA general industry, construction and process safety regulations and recognized good practices. Conducted numerous process safety and safety and health compliance audits and continues improvement assessments in exploration and production, refining, chemical, gas and fuel distribution facilities, both at corporate and facility level. AcuTech Consulting (2013 - 2014) Houston, TX Vice President, Southern Business Unit Provide specialized consulting in risk and safety analyses, process safety and security audits and training. Areas of responsibilities include performance of technical work, management of projects and business development. BP (2012 - 2013) Houston, TX Process Safety Auditor. Perform worldwide audits of business units and facilities to verify correct implementation of BPs Operation Management System, safety and process safety management. Review entity risk and provider constructive challenge to entity management of existing identified risks, looking for opportunities to identify risk not already considered or managed. Develop findings, actions and program assessments, to assist audited entities drive safe, reliable and complaint operations. Rixio E. Medina Page 3 CITGO Petroleum Corporation/PDVSA (1978-1990; 1992-2003; 2004-2009) Houston, TX Vice President, Health, Safety, Security, Environmental Protection and Shared Services. Officer of the corporation responsible for overseeing CITGO Integrated Management System (IMS), health services, safety, information and corporate security, environmental protection, information technology, real estate, facilities and corporate services departments. Vice Chair of the Central Procurement Committee and Member of the Corporate Human Resources Committee. Prior to this senior executive appointment, held the positions of Manager Corporate Health, Safety and Security, Manager Corporate Process Safety, Manager Health & Safety, Corpus Christi Refinery, and Manager Safety and Industrial Hygiene, Lake Charles Refinery. With Lagoven -PDVSA served as the Environmental, Health and Safety Superintendent for the Eastern Division, the Amuay Refinery and National Marketing Department; Fire Chief and Fire Protection Group Leader, Western E&P Division; Security Group Leader, E&P Western Division; Fire Chief and Fire Protection Supervisor at the Amuay Refinery, and Corporate Fire Protection Advisor. US Chemical Safety and Hazard Investigation Board (2003-2004) Washington, DC Board Member. Presidential Appointee with U.S. Senate review and consent. Responsible for major budgeting decisions, strategic planning and direction, general agency oversight, and approval of accident investigation reports and studies. Mobil Oil Company (1990-1991) Joliet, IL. Safety Engineering Supervisor. Responsible for safety engineering and fire protection technical support. Professional Affiliations • Certified Safety Professional No. 19798. Board of Certified Safety Professionals. • Certified Protection Professional No. 9431. Professional Certification Board ASIS Int. • Chartered Member, No. 130060. Institution of Occupational Safety and Health. UK • Fellow No. 208654. American Society of Safety Engineers Professional Associations January 2009 — Present June 2008 -- Present Board of Certified Safety Professional. Member of the Board of Directors. Champaign, Illinois. 2012 Vice President 2013 President 2014 Past President Oklahoma State University. Member of the Advisory Board of the School of Fire Protection and Safety. Stillwater, Oklahoma Rixio E. Medina Page 4 April 2002 - Present ASIS International (formerly American Society of Industrial Security). Member. Arlington, Virginia January 2002 -- 2010 National Petrochemical and Refiners Association (AFPM) 2002-2004 Member of the Fire and Accident Prevention and Security Committees. Washington, DC. 2010 - Affiliated Member Representative January 1997 December 2002 American Petroleum Institute. Member of the Fire Protection and Safety Subcommittee. Washington, DC. June 1996 - November 2001 Refinery Terminal Fire Company (RTFC) President (December 1999- March 20 Vice President (June I996 - November 1999; April 2001 -- November 2001). Corpus Christi, Texas. 1977 - 2001 Contractor Safety Council of the Coastal Bend. Member of the Advisory Board. Corpus Christi, Texas. 1996 - 2001 1995 - 1996 Local Emergency Planning Committee and Community Alert and Notification Sub -Committee. Committee Member - Industry Representative City of Corpus Christi, Texas. Calcasieu Parish Local Emergency Planning Committee. Committee Member -- Industry Representative. Lake Charles, Louisiana. 1992 - 1996 Southwest Louisiana Safety Council Safety Training Center. Board Member. Lake Charles, Louisiana. 1992 - 1996 1991 - Present Calcasieu Parish Community Awareness and Emergency Response (CAER) . Industrial Member. Lake Charles, Louisiana. President (1995), Secretary (1994), Treasurer (1993). American Society of Safety Engineers (ASSE) Fellow No. 205684 Society: Vice President Council of Professionals Affairs, Member, Professional Conduct Committee and Member of the Board of Directors (July - December 2003). Member, Management Symposium Task Force (08/05-03/05), Bylaws Committee (07.'05 -06/08), Diversity Committee (07'06- 06/08), Standard Development Committee (07 06- Rixia R. Medina Page 5 Other Activities 2009 - Present 06:08), Global Committee (07/10 -06/11) Trustee, ASSE Foundation (07107 - 06.11). Ambassador for Latin America (2013-2014). Chapters: Imperial- Calcasieu Chapter. Lake Charles, Louisiana. Secretary (1994). Treasurer (1995). Coastal Bend Chapter. Corpus Christi, Texas. Chair, Governmental Affairs (1999-2001). Member, Scholarship Committee (2000). Ergonomics Technologies Corporation. Member of the Scientific Advisory Board and Consultant. Syosset, \ .. Yt,rk 1999 Del Mar College. Adjunct Professor. Process Technology - Fire and Safety. Corpus Christi, Texas. 1999 - 2001 Award and Recognitions Civil Service Commission and Civil Service Board. Chair of the Commission and Vice Chair of the Board. Corpus Christi, Texas 2013 Oklahoma State University. College of Engineering, Architecture and Technology. - Hall of Fame. 2012 American Society of Safety Engineers - Fellow Honor - Distinguished Service Award ASSE Foundation - Significant Contributor Safety Professional and Latino Worker Special Interest Group. 2009 Oklahoma State University. - Distinguished Alumni. American Society of Safety Engineers - Diversity in the Safety, Health and Environmental Profession Award - Recognition for Promoting the Safety Profession Among Latinos and Making a Positive Impact in the Latino Community. Safety Professional and the Latino Workforce Common Interest Group. Rixio E. Medina Page 6 2008 Oklahoma State University, School of Fire Protection and Safety. - Hall of Heroes and Legends. Selected publications and presentations "Safety Leadership". William's Company Safety Representatives 2013 Conference. San Antonio, TX. "Doing the Right Thing- PSM" Plant Success 2011 Conference. CIear Lake, TX "Call for Action". 2010 National Action Summit for Latino Worker Health and Safety. OSHA/NIOSH. Houston, TX "Safety During Bad Economic Times". 2009 Meeting National Hispanic Professional Organization. Houston, TX "Integrating Health, Safety, Security, and Environmental Management Systems". Carnival Corporation 2006 Senior Shoreside Management Seminar. Coral Gables, FL "Chemical Safety: A Behavioral Safety Approach". 2004 Behavioral Safety Now Conference, Reno, NV "U.S. Chemical Safety Update". 2004 ExxonMobil Downstream and Chemicals Americas' SHE Managers Council Meeting. Houston, TX, and 2004 Texas Chemical Council Environmental, Safety & Health Seminar. Galveston, TX and California Statewide CAER Conference. San Diego, CA "The US Chemical Safety Board: An Emerging Federal Agency". 2004 Human Performance, Root Cause and Trending Industry Workshop. Savannah, GA "Chemical Facilities Safety and Security: Training and Preparedness Issues". National Institute of Environmental Health Sciences — 2004 Worker Education and Training Program Awardees' Meeting and Technical Workshop. Washington, DC. "A Learning Safety Culture for Chemical Safety". 2004 New Mexico Chapter American Society of Safety Engineers Professional Development Conference. Albuquerque, NM "Reactive Chemicals Hazards". 2004 National Petrochemicals and Refiners Association (NPRA). National Safety Conference. Austin, TX "Security Hazards and Countermeasures for Process Safety Management". 2002 Terrorism: What Every Employer Should Know Conference. Texas Engineering Extension Services. Arlington, TX Rixio E. Medina Page 7 "Safety in the Design". Keynote Speaker representing the American Society of Safety Engineers at the 2002 Mexican Association of Mechanical and Electrical Engineers' National Safety Conference. Guadalajara, Mexico "Occupational Health & Safety as a Business Decision". Invited in 2000 by the U.S. Department of Labor — Office of Foreign Affairs and OSHA to speak to Governmental Officials, Business Leaders and Trade Unions in Belize, Guatemala, Nicaragua and Honduras. "The Globalization of Occupational Health and Safety. "Investment and Administration of Health and Safety in the Workplace". "Preventive Health Services in the Workplace". Invited by The US DOL — Office of Foreign Affairs and OSHA to 2000 NAFTA's Fourth North American Health and Safety Conference. Mexico City, Mexico. "Emergency Response and Planning: The Last Defense". 2000 PDVSA's Process Safety Management Conference. Maracaibo, Venezuela. "Hydrofluoric Acid Alkylation Unit Incident". National Petrochemical and Refiners Association. 1998 National Safety Conference. San Antonio, TX. "The Implementation and Maintenance of a Behavioral Safety Process in Petroleum Refinery". Co-author with Wanda V. Myers, Terry McSweeen, Kristen Rost and Alicia M. Alvero. Journal of Organizational Behavior Management, Volume 30 Issue 4, 2010. "Behavioral Safety in a Refinery: Large-scale change and long-term results". Co-author with Terry McSweeen, Kristen Rost and Alicia M. Alvero. Professional Safety Journal. ASSE August 2009. "Does Your Plant Whistle Meet OSHA Regulations?". Occupational Hazards. 1995. Cleveland, OH. "Process Safety Management of Highly Hazardous Chemicals". Noticiero de Seguridad. Consejo Interamericano de Seguridad 1992. Totowa, NJ. "Firefighting Foams". Noticiero Tecnico Sobre Incendios 1985. Oficina Latinoamericana de Protection Contra Incendios. Bogota, Colombia. June, 2014 City Of Corpus Christi COMMITTEE FOR PERSONS WITH DISABILITIES BOARD DETAILS SIZE 9 Seats TERM LENGTH 2 Years OVERVIEW TERM LIMIT 6 Years DETAILS COMPOSITION CREATION / AUTHORITY MEETS TERM DETAILS DEPARTMENT The Committee for Persons with Disabilities provides a program to encourage, assist and enable persons with disabilities to participate in the social and economic life of the City; to achieve maximum personal independence; to become gainfully employed; and to enjoy fully and use all public and private facilities available within the community. Nine (9) residents of the city w ho shall be appointed by the City Council. The membership of the committee shall be composed of individuals w ith disabilities and representatives of agencies and organizations functioning w ithin the committee's area w ho are interested in the provision of services to persons w ith disabilities and others w ho are interested in the abilities and specific needs of persons w ith disabilities, subject to Council approval. The Human Relations Administrator, Director of Parks and Recreation, and Building Official shall serve as ex -officio non-voting members. The Chairperson of the Committee for Persons with Disabilities shall serve as an ex -officio voting member of the Human Relations Commission. Chapter 2, Article IV, Division 23, Code of Ordinances; Ord. No. 024364 (2/13/01). 1st Wednesday of the month at 3:00 p.m., City Hall, City Council Chambers. Two-year staggered terms. Human Relations Committee for Persons with Disabilities Members March 9, 2016 Five (5) vacancies with terms to 2-1-17 and 2-1-18. (Note: The Committee for Persons with Disabilities is recommending the reappointments of Marshall Burns and Dalia Gutierrez. They are also recommending the new appointments of Tracy Ferezan, Ernest Herrera and Dr. Anthony Zoccolillo.) Attendance Marshall Burns Dalia Gutierrez Diana Ortega-Feerick M. Bertha Romero Mary Wambach COMMITTEE FOR PERSONS WITH DISABILITIES COMMITTEE FOR PERSONS WITH DISABILITIES COMMITTEE FOR PERSONS WITH DISABILITIES COMMITTEE FOR PERSONS WITH DISABILITIES COMMITTEE FOR PERSONS WITH DISABILITIES Seeking reappointment Seeking reappointment Resigned Met six-year term limitation Resigned District 2 District 1 District 4 District 1 District 2 1 Partial 2 3 1 02/01/16 02/01/16 02/01/17 02/01/16 02/01/16 Member Member Member Member Vice -Chair 100% 8/8 meetings 100% 3/3 meetings Linda Lindsey Mary Bustos Richard Balli COMMITTEE FOR PERSONS WITH DISABILITIES COMMITTEE FOR PERSONS WITH DISABILITIES COMMITTEE FOR PERSONS WITH DISABILITIES Active Active Active District 5 1 District 3 1 District 2 2 02/01/17 Member 02/01/17 Member 02/01/17 Chair Donnie Contreras COMMITTEE FOR PERSONS WITH DISABILITIES Active District 3 Partial 02/01/17 Member Human Relations Administrator Parks and Recreation Director Building Official COMMITTEE FOR PERSONS WITH DISABILITIES COMMITTEE FOR PERSONS WITH DISABILITIES COMMITTEE FOR PERSONS WITH DISABILITIES Active Active Active N/A N/A N/A Ex -Officio, Non-voting Ex -Officio, Non-voting Ex -Officio, Non-voting Boards Applying For Patrick A. Ayarzagoitia COMMITTEE FOR PERSONS WITH DISABILITIES James (T.C.) Chadden District Employer District 2 Retired COMMITTEE FOR PERSONS WITH DISABILITIES District 2 Retired Work Address City Work Phone Joe A. DeLaGarza COMMITTEE FOR PERSONS WITH DISABILITIES District 3 HEB 3033 S. Port Ave Corpus Christi TX 361-883-6002 • Joe Luis DeLaGarza Tracy Ferezan Frank Gallardo COMMITTEE FOR PERSONS WITH DISABILITIES COMMITTEE FOR PERSONS WITH DISABILITIES COMMITTEE FOR PERSONS WITH DISABILITIES District 3 District 2 Goodwill Industries of South Texas, Inc. 2961 S. Port Ave. Corpus Christi TX 361-884-4068 EXT. 126 District 3 Retired Committee for Persons with Disabilities Applicants March 8, 2016 Ernest Herrera COMMITTEE FOR PERSONS WITH DISABILITIES District 5 Workforce Solutions of the Coastal Bend 520 N. Staples Corpus Christi TX 361-882-7491 EXT. 728 Richard Ledesma, Jr. COMMITTEE FOR PERSONS WITH DISABILITIES District 2 Retired Robert Trevino COMMITTEE FOR PERSONS WITH DISABILITIES District 5 Corpus Christi Army Depot Corpus Christi TX 361-961-4296 Anthony Zoccolillo COMMITTEE FOR PERSONS WITH DISABILITIES District 4 Texas A&M Corpus Christi 6300 Ocean Drive Corpus Christi TX 361-825-2390 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Nov 05, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Dr. Patrick A Ayarzagoitia Prefix First Name Middle Last Name Initial Email Address Suffix Which Boards would you like to apply for? CITIZENS ADVISORY HEALTH BOARD Street Address Corpus Christi City District 5 What district do you live in? Suite orApt TX State Postal Code Primary Phone Alternate Phone Texas A&M University Corpus Christi Assistant Professor Employer Job Title 6300 Ocean Dr., Unit 5805 WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress- City Texas WorkAddress- State 78412 WorkAddress-Zip Code 361-825-4234 Work Phone patrick.ayarzagoitia©tamucc.edu Work E-mail address Home/PrimaryAddress 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) highlights from my CV: former President of the Coastal Bend Advance Practice Nurses family nurse practitioner (FNP) since 2011, currently employed part-time for EmCare, staffing emergency rooms in the Christus Spohn Hospital system; currently employed full-time by Texas A&M University Corpus Christi as Assistant Professor in the College of Nursing and Health Sciences 2013 Doctor of Nursing Practice (DNP), University of the Incarnate Word, San Antonio 2011 Masters of Science, Texas A&M University, Corpus Christi Registered Voter? •Yes No Current resident of the city? Qi Yes QNo over 10 years If yes, how many years? Ayarzagoiti a_Curri culum_Vitae_2015_Rev.doc Upload a Resume Please upload any additional supporting documents Demographics Hispanic Ethnicity Male Gender Verification City Code Requirement ® IAgree Consent for Release of Information ® IAgree Oath IAgree Board -specific questions (if applicable) CURRICULUM VITAE Patrick Albert Ayarzagoitia Education: Degree Dates Major Institution and Location DNP 2013 Family University of the Incarnate Word, San Practice Antonio, TX MSN 2011 Family Texas A&M University, Corpus Christi, TX Nurse Practitioner AD 2005 Nursing San Antonio College, San Antonio, TX Capstone Project Prediabetes Screening Project: A preventative health measure in the Emergency Department Professional CertificationlLicensure RN/FNP-BC, Family Nurse Practitioner, Texas 2011 Employment Academic Employment Dates Title Institution or Business 9/2015- Assistant Professor Texas A&M Corpus Christi, Corpus present Christi, TX 1/2013- Adjunct Clinical Faculty Texas A&M Corpus Christi, Corpus 9/2015 Christi, TX Clinical Employment Dates Rank or Title Institution or Business 10/2014- FNP -BC EmCare —staffing at various Christus Spohn present Emergency Departments Patrick A. Ayarzagoitia 8/2014- FNP -BC WeIIMed Memorial, Corpus Christi, TX 9/2015 7/2012- FNP -BC Dr. Francisco Cuya, Corpus Christi, TX 8/2014 Other Scholarly Teaching, Mentoring and Curricular Achievements Presenter/Instructor -Basic Suture Class for FNP students, Corpus Christi, TX 2/2015 SCHOLARSHIP/CREATIVE ACHIEVEMENTS Non -Refereed Publications or Other Creative Achievements- Ayarzagoitia, P.A. (2015, February 17). Helping ease primary care shortage. Corpus Christi Caller Times. Retrieved at www.callertimes.com Ayarzagoitia, P.A. (2014, December 31). Another health care hero. Corpus Christi Caller Times. Retrieved at www.callertimes.com. Ayarzagoitia, P. A. (2006). White Uniforms: Making a comeback or all washed up? Nursing 2006. 36(2), 43. PROFESSIONAL SERVICE Service Activities for the Component, College, University College Activities Dates of Service FNP Student Orientation Participant 8/2015 FNP Student Skills Seminar 9/2015 White Coat Ceremony Participant 9/2015 Service to the Profession Activities President Coastal Bend Advanced Practice Nurses Group Dates of Service 3/2015 -present 2 Service to the Community Activities Volunteer, Catholic Charities, Corpus Christi, TX OTHER Patrick A. Ayarzagoitia Dates of Service 1991 -present Significant Professional Development Activities NPACE Primary Care Conference, Boston MA Attendee 11/2014 Action Stat Wound Closure (Suturing) Academy Attendee 4/2015 3 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Aug 12, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile James (T.C) Prefix Email Address Middle Initial Chadden a5" Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES Street Address Suite orApt City District 2 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Retired WorkAddress- Street Address and Suite Number WorkAddress- City WorkAddress- State Alternate Phone Job Title State Postal Code WorkAddress- Zip Code Work Phone tcmm1948@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) Retired United States Army Veteran Formerly a Certified Appraiser/Home Inspector Broadmoor Senior Center Participant Registered Voter? * Yes 0 No Current resident of the city? ii Yes 0 No 67 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. 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, 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.City Code of Ordinances, Section 2-61, 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 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. II IAgree Oath I swear that all of the statements included in my application are true and correct. N !Agree BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Aug 26, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Prefix Email Address Joe First Name A. DeLaGarza Middle Last Name Initial Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES Street Address Suite orApt City District 3 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone HEB Employer 3033 S. PortAve WorkAddress - Street Address and Suite Number Corpus Christi WorkAddress - City TX WorkAddress- State 78405 Loss Prevention Partner Job Title State Postal Code WorkAddress-Zip Code 361-883-6002 Work Phone joeangeldelagarza@yahoo.com Work E-mail address Home/Pri mary 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) Participates in Wheelchair Basketball Volunteers for HEB Community Functions Registered Voter? * Yes O No Current resident of the city? ii Yes O No If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. 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, 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.City Code of Ordinances, Section 2-61, 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 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. I Ag re e Oath I swear that all of the statements included in my application are true and correct. N !Agree BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Aug 26, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Prefix Email Address Joe First Name Luis DeLaGarza Middle Last Name Initial Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES Street Address Suite orApt City District 3 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Employer WorkAddress- Street Address and Suite Number WorkAddress- City WorkAddress- State Alternate Phone Job Title State Postal Code WorkAddress-Zip Code Work Phone jdelagarza50@yahoo.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) Volunteer for Beach to Bay Registered Voter? QYes 0 N Current resident of the city? • Yes Q No If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. 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, 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.City Code of Ordinances, Section 2-61, 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 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. II IAgree Oath I swear that all of the statements included in my application are true and correct. N !Agree BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Jul 29, 2013 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Prefix Email Address Tracy First Name Middle Initial Ferezan Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES Street Address Suite orApt City District 2 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 1111111111m1111•11 11111MINININI Primary Phone Alternate Phone GOODWILL INDUSTRIES OF SOUTH TEXAS, INC. 2961 S. PORTAVE. CORPUS CHRISTI WorkAddress - City TX WorkAddress- State 78405 DIRECTOR OF MISSION SERVICES State Postal Code WorkAddress- Zip Code 3618844068 EXT. 126 Work Phone Work E-mail address Work 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) HOMELESS ISSUES PARTNERSHIP BOARD MEMBER AT LARGE I CONDUCT RESUME WORKSHOPS AT THREE RIVERS FEDERAL CORRECTIONAL INSTITUTE. KEYNOTE SPEAKER FOR GED GRADUATION AT THREE RIVERS FCI (2013) ACTIVE MEMBER OF EMPLOYMENTALLIANCE FOR PEOPLE WITH DISABILITIES (EAPD) TEXAS REHABILITATIVE ASSOCIATION NETWORK TEXAS HOMELESS NETWORK Registered Voter? * Yes 0 No Current resident of the city? ii Yes 0 No 4 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity 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, 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.City Code of Ordinances, Section 2-61, 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 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. II IAgree Oath I swear that all of the statements included in my application are true and correct. N !Agree BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Nov 05, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Prefix Email Address Frank First Name Middle Initial Gallardo Last Name Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES Street Address Suite orApt City District 3 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Employer WorkAddress- Street Address and Suite Number WorkAddress- City WorkAddress- State Alternate Phone HEB Grocery Company -Truck Driver State Postal Code WorkAddress-Zip Code Work Phone Work E-mail address Home/Primary 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) PTA MEMBER 1983-1990 WEST OSO SCHOOL BOARD 1983-1989 SERVED AS PRESIDENT (1983- 1985) AND VICE PRESIDENT (1986-1989) RETIRED FROM HEB 28 YEARS AS A TRUCK DRIVER Registered Voter? * Yes 0 No Current resident of the city? ii Yes 0 No 60 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. 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, 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.City Code of Ordinances, Section 2-61, 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 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. II IAgree Oath I swear that all of the statements included in my application are true and correct. N !Agree BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Jul 26, 2013 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Prefix Email Address Ernest First Name Middle Initial Herrera Last Name Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES Street Address Suite orApt City District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 11111111,111111111111 Primary Phone WORKFORCE SOLUTIONS OF THE COASTAL BEND 520 N. STAPLES CORPUS CHRISTI WorkAddress - City TX WorkAddress- State 78401 Alternate Phone JVLC.WLIJ I, VVIIN I VI— C.VIN IH T FOR PEOPLE WITH DISABILITIES State Postal Code WorkAddress- Zip Code 361-882-7491 EXT. 728 Work Phone Work E-mail address Work 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) WORKFORCE SOLUTIONS REPRESENTATIVE FOR SOCIAL SECURITY PROGRAM; TICKET TO WORK, WORKING WITH PERSONS RECEIVING SOCIAL SECURITY DISABILITY INSURANCE OR SUPPLEMENTAL SECURITY INCOME. MEMBER REPRESENTATIVE: EAPD (EMPLOYMENTALLIANCE FOR PEOPLE WITH DISABILITIES), CRCGA (NUECES COUNTY COMMUNITY RESOURCE COORDINATION GROUP -ADULT) (HOMELESS ISSUES PARTNERSHIP) RESOURCE FAIR, SECOND CHANCE JOB FAIR GOODWILL ANNUAL JOB FAIR Registered Voter? QQ Yes Q No Current resident of the city? •Yes QNo 22 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity 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, 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.City Code of Ordinances, Section 2-61, 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. IX I Agree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment 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. I Agree Oath swear that all of the statements included in my application are true and correct. !Agree 05/05/2014 20:26 3619614444 Availability: Werk Experience: Robert Ted Trevian Job Type Permanent, Term. I niernthgtt Work Schedule: Full -Time. 5hifl Work Comm Chriul Army Depot 3Ott Crecy Street Corpus Christi, TX 714 In United Staler Suit; t14116 Posy Plan: WS Grade; 6 01120* • Present Braun perweek: 40 Supervisor (This is n federal job) lluele+, Accompliohmmitt and Related Skill': Serve! Ms a Supervisor of fourteen emptnycel in the repair and refurluthr ng of aircraft compnnentcontainers Plnnsuse oftuhnrdmnIcworkers equipment, facilities. and male :ata on n week-to•week or mnmh•to-month basis, ettobliahes deadimcs, prlertlict, and work sequence', and plans work nnignments based an general work schedule,,. methods nod policies set by higher level management. ns reiyored, enordinales work with s rpparlif fi nr related work functions controlled by nuber supervisors Assigns work to employees (Noncom work 'n progress, investigate% work mimed proh'cm! (e.g, low pmductivity, workload imbalance, true rearrangement. and nevi: isron nr development of specrnlited'nide ere ), and determines onuses. implements corrective anions within the authority to resolve work mob' ems. resolves slnrnnn. engineering requirements. and work operations problcnis Recommend oofuuonstoennedinaim+problems between wo1 ripe: nn and nther production and support neganirntont to include request I'm suppnrt service, from lint and/or stnff operation (e g Production Connell). Plan and eslnblish overall leave schedules. Counsel employee( on performance, Promote n pusitvc work environment for all employees. Supervisor Fred Meknes, (36I.646R) Okay to contact ibis Somers Igor Yes U. S. Army Anncd Forces Pacific Korea. Republic of Cp Humphrey'', South Karen 0112004 - 09300S Salary: 42.000 00 USD Per Year Moura per weak: 40 Air Trnffit 1 intnrilPi*toan Sergeant Duties, Aeeamplirhmentt and Related Skills: Supervised over nn orgnniznliunnl segment of the ten t and was retltnnsiblc In planning and directing work operations and exercised ndmininradve authority Regarded as the lop subject matter =pen for the trndet and occupatinnt in the nrganantioual unit under the incumbents supervision. perform lmfeiy duties and function, to support of the Army Safety Program, rind rhe initynniinn of risk management info tic Army procc,sc, Planned use ot'subordinntc workers' equipment• feed diet, and msterult on a week to week or month to month Innis E;rnblished demdhnes, prinoret. and work sequences, and plane work auignmena based on gencril worn sthedaleo, indwell. and policies tet by higher level management Corned out range control duties to ensure the ,a;c conduct of taming in oeterdanee with Bth Array rgtulnnnns, pnhcrcq nor, pmcedurct. Supervisor Cpt. Kevin C. Mcutii, h 11753.6754} Okay Io contact this Supervisor: Yet V. S, Army Ft Campbell, KY United States 1012 001 - 0312004 Snlary: 40,000 00 USD Pet Year hour, per week: 40 !Wire Tower Facility Chief Purist, Aetnmplithmentt end (feinted Shills: Served ns a facility Chief/Air WTI': Control Specialist (Terminati)nt Sabre Army Helipnn Tnwer Respnnyrhle for rhe tore, rrderiy marl ewpcdMrtA now of alrcnf nperutng in Sabre Tower are* or resptinsihil qty, Uhtircd tower radar and visuni flight rules instrument flight Isles. spccinl and copier VFR to cffett .cpnahan hetwran arriving, deporting and cnronrc nir 1rnlfic. Checked proposed route of Right for crossing dangerous or reanicled areas rind for ATC,nfnrmntipn requirett rnr properenlrp onto the tenet comrailing agenc)i, Reecivcd and transmitted all waterer and safety warnings Alerted crash crew in the event of n,rcrnfl ernercenciea. Mnintamed fila on flying https://my.usajobs.gov/Applicant/Resume/ListResumes PAGE 03 Page 1 of 3 ECE MAY 062014 CIP(SECiEFA -_ - • 5/5/2014 05/05/2014 20:26 3619614444 regulation- informaunn publications. mod navigational sir information Maintained both Individual Plight Records Folder and tndivtdanl Aneeew Trninion Fnldcr IAW FM 1-300 and AR 93- I nested and updated the NOTAM file day Relayed weedier infnrmation as received from NAS Weather Office, etc, that could affect the flight. to include wencher wamings, ndvIsnnes, observations, and forcemrs. Provided OIT mama -non end gindnnee to trainee controllers involved rn epmtifiearrnn era ntng for their FAA C1'0 certificate Counseled soldiers on performance, set performance stnndnrds and made !email appraiul+ of subordinates' work performance Recommended soldiers for promotion and nr tenssignment. Reviewed job description for currency and nd:eurncy and made necessary changes Counseled soldiers on problems and aJlustcd infotmel complaints through discussion with the soldier initiated pommels for formol disciplinary action as needed Supervisor ionathAn R, Hldlock (635-2723) Okay to contact Ihis Supervisor: Ycs 11. S. Army Fon Rucker, AL 36362 United Starts 116/199/1- 0912001 511111ry 36,000 00 USD Pcr Yenr Noun per wick: 40 InstruelorM'nler Dude• Accamplinhmenls and Relaied Skills: Conducted college level inslructrnn for U 5. Army Av+nrnn Conte' rnstruetnutrntninp developers in Iho inslrue'erTraining Course +nd the Systems Approach to Training (SAT) Cnurse and using the SAT process in day to day aetivdies Graduated from the Middle Managers Coupe Fncililaled small gmup instruction for 5-6 students Pmv,ded Instruction to bout Mihaary and Civilian personnel, as well aa, foreign surdenis ass gncd to he instructora at the Army Aviation War fithler Center and obrnnd, Fvaluaied U S Army Avintion instructors for tltt instructor recognition program. Conducted reamer!. cd is iiennl stuffier and developed training materini its required Ode' aped and adjusted qualify central and inspection requirements. instruction'. methods techniques and procedures Rcsenrched new information, about subject; studied to etndfy and vnhdn[c result{ Collected, reviewed, evaluated, and interpreted dots Presernnt findings. optima. and recommendmi.rne. era bnefinj;s, sniff reports, projects, papers. ere Ptepnred roperm of discrepancies, fnllnwed up and implemented enIicchve action Reviewed. analyzed, and interpreted regulations, publicnhons and diretried pcmnerd to quality systema and technical work requirements Performs duties as a lead Trainer in preparing lesson plans, ;.pons and conduct,; qual,y audits Skill to developing and presenting wnnen and oral Icchmcnt and nontechnical Information Supervisor Craig A Allgood (235.1375) Okay to runnier this Supervisor Yes [I. S. Army Ft Wainwright. AK United Singes 0/1199G - 0511996 Salary: 36,000 00 USD Pct Ycnr flours per weds 10 Air Traffic Control $prrinliat Shin Leader Duties, Arromplinkmentt and Related Skills: Served as Air Traffic Control Speciahit fora Visual Flight Rule (VFR) lower and a Precision Approach Cnntml Radar Approach Alternately performed rndnr enntrni and lower responsihi!trice Was assigned rn other pos,i n ns of nttrntion as required- so include shift supervisor snd Iratn.ng supervnnr. Cnntmlled afrctAft tieing rrtdx. C111tinn5 prcdic alignment nflinth seareh and jaceis+on rndnr screens Fstnbhshed and mnintnincd positive radar identdicnl:oe ol'nircraf, issung turns and altitude so as to establish and maintain appropriate sepnrat.one Vectored aircraft to the final approach eoutsc by issuing glide path and Azimun information On final auptase, ensured drat aircraft heing veetnrcd remained wit .n the Airfields delerntcd nigpaee Considered rndnr equipment enpahi toes, aisemfts position, speed. and altitude in tcspxt to terrain clearance.. control towers rraffie density. prionucs, emergencies. weather and wind. bait cammumcatmn and loss radar procedures. how approach will terminate. and airfield ennd,tinns. Made decisions involving die order of departures and arrivals, dcs/gnattnn of active runway and possible simultnnenus use of runway and other landing arena 'Dirtied instructions and clearances to tirera0 operating in the lnwer't area or responsibility Considered the position, type. speed, direction, number and capabilities to airernft wishing to depart from nr'and of We nnpnn Considered the pnEcrn drrccnen. ct nditinn of runways, nnprneches .n progress- none nbatement requirements, wake twilit/lenge and traffic information. Mode dear ono involving the time and dirertial, rat dapatturas'nrrivnls. lamed limn/meat F'ight Rules r' Fit) clearances received PAGE 04 Page2of3 https://my.usajobs.gov/Applicant/Rcsume/ListResumes 5/5/2014 05/05!2014 20:24 3619614444 Frnm FA] Approach Control to provide mii I rcpaaUOnbetucen IFR aelval.Jdepattums rind haeween roc. ct ive vine! flight rote orrlvdddeparturce U. S. Army Fol Rocker, Al. 363d2 United Stet= 0617 919 - 03119 S Tari 32,000,00 USD Per Yeu Noun per 'mkt I0 PAGE 02 Page 3 of 3 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: May 06, 2014 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Robert Trevino Prefix First Name Middle Last Name Suffix Initial Email Address Which Boards would you like to apply for? AIRPORT BOARD, COMMITTEE FOR PERSONS WITH DISABILITIES, MUSEUM OF SCIENCE AND HISTORYADVISORY BOARD Street Address Suite or Apt City District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. .111MIN Primary Phone Alternate Phone CORPUS CHRISTI ARMY SUPERVISOR/DIRECTORATE DEPOT OF MFG./PROC. PRODUCTION Employer Job Title WorkAddress - Street Address and Suite Number CORPUS CHRISTI WorkAddress- City TX WorkAddress - State State Postal Code 78419 WorkAddress- Zip Code 361-961-4296 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) GRADUATE OF INCARNATE WORD ACADEMY. B.S. IN PROFESSIONAL AERONAUTICS (EMBRY RIDDLE AERONAUTICAL UNIVERSITY). RETIRED UNITED STATES ARMY (AIR TRAFFIC CONTROLLER). Registered Voter? Yes Q No Current resident of the city? * Yes O No 9 If yes, how many years? TREVINO.pdf Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity 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, 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.City Code of Ordinances, Section 2-61, 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. ® !Agree 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 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 Oat h swear that all of the statements included in my application are true and correct. ® !Agree BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Dec 02, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Richard Ledesma Prefix Name Middle Last Name Initial Email Address J r. Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES Street Address Suite orApt City District 2 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Retired WorkAddress- Street Address and Suite Number WorkAddress- City WorkAddress- State Alternate Phone Job Title State Postal Code WorkAddress-Zip Code 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) Retired from Walmart, 21 years. St. Cyril & Methodius Catholic Church - Ministry with Retreats Diocese of Corpus Christi - Prison Ministry (McConnell in Beeville, Texas) Registered Voter? • Yes No Current resident of the city? • Yes QNo 40 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. 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, 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.City Code of Ordinances, Section 2-61, 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 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. II IAgree Oath I swear that all of the statements included in my application are true and correct. N !Agree BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Nov 10, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Dr. Anthony PrefixMiddle Initial Email Address Zoccolillo Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES Street Address Suite orApt City District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 11111111111m1.11111 11111MINININI Primary Phone Alternate Phone Texas A&M Corpus Christi 6300 Ocean Drive Corpus Christi WorkAddress - City TX WorkAddress- State 78412 Professional Assistant Professor State Postal Code WorkAddress-Zip Code 361 825 2390 Work Phone anthony.zoccolillo@tamucc.edu Work E-mail address Home/Pri mary Address 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) Board of Directors -Autism Spectrum Resource Center Registered Voter? * Yes O No Current resident of the city? ii Yes O No 2 years 3 months If yes, how many years? Antho nyZocco li lloC V. pdf Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. 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, 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.City Code of Ordinances, Section 2-61, 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 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. II IAgree Oath I swear that all of the statements included in my application are true and correct. N !Agree • Zoccolillo 1 Anthony M. Zoccolillo, Ph.D. EDUCATION 2008 Capella University, Minneapolis, MN Doctor of Philosophy in Psychology Concentration: Educational Psychology Dissertation topic: An Exploration of Multicultural Competence among Master Teachers. Advisor: Yuliang Liu, Ph.D. 1996 — 1998 Seton Hall University, South Orange NJ Clinical Psychology Doctoral Program 1996 Jersey City State College, Jersey City, NJ Master of Arts, Educational Psychology 1992 Seton Hall University, South Orange, NJ Bachelor of Arts, Psychology AWARDS 2005 Ron Taylor Award — National Award for Academic Excellence 2005 DeVry University Innovative and Creative Teaching Award 2004 DeVry University Student Success Award RELATED WORK EXPERIENCE 8/13 - Present Professional Assistant Professor of Psychology Texas A&M University, Corpus Christi, TX Teach multiple large sections of lower level requirements and upper level electives, including preparation, grading and course management. Work cooperatively with First Year Seminar teachers in the delivery of a cohesive first year learning community Maintain regular office hours to be available to consult with students on matters of course work, degree requirements, and post graduation plans. Coordinate interdepaitiuental and core curriculum assessment plan. Participate in service to the department, college and university involving academic, professional, and student developmental issues. Maintain proper levels of training in the areas of assessment, educational technology, and professional conduct. Supervision of teaching, grading, and graduate assistants. Zoccolillo 2 1/12-7/13 Instructor 5/09-1/12 Instructor/Manager of Academic Programs Rutgers, The State University of NJ, New Brunswick, NJ Taught multiple sections of junior and senior level psychology core courses and electives including Experimental Psychology, Abnormal Psychology, Critical Thinking and selected Special Topics courses. Managed all aspects of academic partnership between Rutgers University - University College and Raritan Valley Community College including course offerings and scheduling, marketing and recruitment, and student advising and services. Planned and carried out all assessment activities. Worked with staff members from the host college to disseminate partnership information and ensure programs offered are meeting the goals of Raritan Valley Community College and Rutgers University. Consulted on all issues of future community college partnership expansion. 1/08 — 7/09 Assistant Professor of Psychology The College of New Jersey, Ewing, NJ Taught multiple sections of General Psychology, Abnormal Psychology and Research Methods and Tools. Participated in departmental and college -wide committees involving academic, professional, and student development issues, as instructed. Sponsored and supervised off campus student internships. Worked with faculty members to improve delivery and assessment of Psychology core courses. Maintained a strong commitment to the teaching and learning process as well as maintaining a student -centered focus. Utilized multiple assessment tools to monitor student performance to help all students achieve course goals Encouraged students to participate in scholarly activities including data collection, literature review, and data analysis. Participated in service to the department, college, and community 9/06 — 7/07 Associate Professor of General Education/Director of Institutional Research, DeVry University, North Brunswick, NJ Taught a variety of first and upper term courses including Psychology, Social Psychology, Culture and Society and Critical Thinking. Assisted in the creation of system wide curriculum guides for upper level social science electives. Taught coursework in a variety of delivery modalities including traditional, accelerated, on- line, and hybrid/mixed models. Assisted in the hiring, training, and evaluation of adjunct faculty members. Responsible for implementing and directing academic institutional research, including giving presentation of findings to various constituent groups. Assisted in the formation and administration of Center for Teaching Excellence (CETL). Worked with various faculty members and administrators in the assessment and delivery of general education/technical curricula. 7/03 — 9/06 Assistant Professor of General Education/Director of Institutional Research, DeVry University, North Brunswick, NJ 7/01 — 7/03 Instructor/Director of Institutional Research, DeVry University, North Brunswick, NJ Zoccolillo 3 12/02 — 6/07 Student Services Generalist, Brookdale Community College, Freehold, NJ Responsible for assisting in the management of the daily operations of a Branch Campus. Primary responsibilities included: student counseling, services, and development, master schedule generation, supervision of paraprofessional staff, and liaison with Rutgers - The State University of NJ. Served as the principal institutional research support for entire HEC department, including the New Jersey Coastal Communiversity. 7/99 — 7/01 Academic Advisor - First Year Information Center, DeVry College of Technology, North Brunswick, NJ Provided academic advisement for first and second term students. Trained, supervised, and mentored student peer advisors. Provided personal and career advisement and referrals to appropriate campus support services. Created and maintained departmental web page and other electronic advising initiatives. Planned and executed campus -wide retention initiatives. Tracked and documented efficacy of advisement services and provided department and academic deans with institutional research support. 8/96 — 8/98 Mentor - Freshman Studies Program, Seton Hall University, South Orange, NJ Provided academic advisement for first-year students and undecided upper-class students. Taught several sections of Freshman Seminar each Fall semester. Provided referrals for academic or student support services. Collaborated closely with all students to help facilitate transition to college life. Trained, supervised, and mentored student peer advisors. OTHER WORK EXPERIENCE 11/04 — Present Board of Directors, Austism Spectrum Resource Center, Corpus Christi, TX Consult with local nonprofit organization on issues concerning provision of services, fiscal management, and fundraising. Serve as liason between organization and local community partners. 9/92 — 8/13 Consultant, New Horizons in Autism, Cranbury, NJ Provide weekly in-home respite care. Design and implement behavior modification programs. Consult with family on issues concerning autism. Provide recreational, social, and educational programming. Act as a crisis, information, and advocacy resource. 11/96 — 11/98 Community Living Advisor, Options, Port Reading, NJ Provided consultative services to residential clients living in supervised housing programs throughout Middlesex County. Zoccolillo 4 11/95 — 11/96 Residential Coordinator, Options, Port Reading, NJ Provided direct on-site supervision and in-service training for all program managers. Oriented all new agency staff and assisted with the development and coordination of all agency Individual Habilitation Plans. Assisted Director of Residential Services in all areas of departmental expansion and supervision. Collaborated with State of New Jersey Depaitinent of Developmental Disabilities on issues surrounding referrals for service or respite. 5/93 —11/95 Senior Manager, Options, Port Reading, NJ 9/07 — 7/13 Provided daily operational supervision of a residential group home for adults with developmental and psychiatric disabilities. Acted as primary training and advocacy resource of all program managers. ADJUNCT TEACHING EXPERIENCE Rutgers, The State University of New Jersey Courses taught: Abnormal Psychology, Psychology and Popular Culture, Principles of Psychology (online) 9/08 — 7/13 The College of New Jersey Courses taught: Research Methods, Abnormal Psychology, General Psychology 1/05 — 5/08 Brookdale Community College Recurrent guest lecturer — Honors Seminar: Mirrors of Madness Topic: Mental Illness and the Movies 8/99 — 12/07 Brookdale Community College Courses taught: Introduction to Psychology I & II, Abnormal Psychology 1/99 — 1/02 Monmouth University Courses taught: Crisis Intervention, Educational Psychology, Introduction to Psychology 1/98 — 12/00 Raritan Valley Community College Courses taught: Introduction to Psychology, Abnormal Psychology 8/96 — 12/00 Seton Hall University Courses taught: General Psychology, Senior Research Seminar, Freshman Seminar PEER REVIEWED PUBLICATIONS Zoccolillo, A.M. (2009). Using popular film to teach General Psychology. Academic Exchange Quarterly, 13(1), 194-199. Zoccolillo 5 MANUSCRIPTS IN PREPARATION Zoccolillo, A.M. (manuscript in preparation). The relationship between multicultural training and multicultural competence in master psychology teachers. Zoccolillo, A. M. & Drapkin, M. (manuscript in preparation). Multicultural competence: From the couch to the classroom. PRESENTATIONS Zoccolillo, A. (2007, July). "Crash" into me: The use of a major motion picture as a tool to understanding research in a social psychology course. Poster presented at 2007 International Conference on the Teaching of Psychology, Vancouver, British Columbia. Zoccolillo, A. & Finn, K. L. (2005, January). The Hurricane — Fact or Fiction?: Using a cinematic approach to the teaching of social psychology. Poster presented at 27th Annual National Institute of the Teaching of Psychology Conference, St. Petersburg, FL. Finn, K. L. & Zoccolillo A. (2004, January). Team teaching a Culture and Society course from a sex and gender perspective. Poster presented at the 26th Annual National Institute for the Teaching of Psychology Conference, St. Petersburg, FL. UNIVERSITY SERVICE • Chair: Assessment Committee (DeVry University) • Chair: HEC Institutional Research Committee (Brookdale C. C.) • Co -Chair: Academic Administration Committee (Brookdale C.C.) • Faculty Advisor — Psychology Club • McNair Scholars Student Mentor • Department of Psychology Course Sequencing Committee • Department of Psychology Assessment Committee • Core Curriculum Resource Group • Texas A&M First Year Learning Communities Program • Social Science Curriculum Development Committee • Student Ambassador Training Committee • Western Monmouth Branch Campus Master Plan 2015 Steering Committee • Retention Committee • Faculty Enrollment Support Team • Freshman Orientation Committee • Academic Management Committee • Faculty Mentor • Faculty Advisor — DeVry Diversity Club • Faculty Advisor — DeVry Athletic Club City Of Corpus Christi ISLAND STRATEGIC ACTION COMMITTEE BOARD DETAILS SIZE 13 Seats TERM LENGTH 3 Years OVERVIEW TERM LIMIT 6 Years The Island Strategic Action Committee (ISAC) advises the Mayor and City Council on development and implementation of the Mustang -Padre Island Area Development Plan. The ISAC shall develop specific strategies for implementation of the Mustang -Padre Island Development Plan with specific timelines to implement the respective strategies and a clear determination of which agency or individual is responsible to implement specific projects or programs. I -q DETAILS COMPOSITION The committee shall consist of thirteen (13) members appointed by the City Council. The membership must include: 1 - member of the Padre Isles Property Ow ners Association, w ho has been nominated by the association; 1 - residential property ow ner w ho ow ns property and resides on Mustang or Padre Island; 1 - commercial property ow ner w ho ow ns property and operates a business on Mustang or Padre Island; 1 - developer of property on Mustang or Padre Island; 1 - member of the Padre Island Business Association, w ho has been nominated by the association; 1 - architect or professional engineer, w ho does w ork on projects on Mustang or Padre Island; 1 - realtor, w ho primarily represents buyers or sellers of property on Mustang or Padre Island; 1 - construction contractor, w ho primarily works on projects on Mustang or Padre Island; 1- representative of an environmental group; 4 - at -large representatives w ho are residents of the City. Not less than twelve (12) members must reside or own property on Mustang or Padre Island. One (1) of the at -large representatives may, but is not required to, reside on Mustang or Padre Island. The City Council may appoint not more than four (4) members of the action committee w ho do not reside w ithin the City if they ow n or represent the ow ner of property on Mustang or Padre Island. The follow ing organizations may appoint a representative to serve as an ex -officio advisory member of the action committee w ithout vote: Planning Commission, Watershore and Beach Advisory Committee, Park and Recreation Advisory Committee, Nueces County, Nueces County Water Control and Improvement District No. 4, and Corpus Christi Convention and Visitors Bureau. Of the initial members, seven (7) members shall serve a three-year term and six (6) members shall serve a tw o -year term, as determined by a draw ing to be conducted by the City Secretary's Office. Thereafter, all terms shall be three (3) years. CREATION / AUTHORITY Ordinance No. 028488, 2/16/10. MEETS 1st Tuesday of every month at 5:30 p.m., Padre Isles Country Club, 14353 Commodores Dr. TERM DETAILS Three-year staggered terms. DEPARTMENT General Government & Operations Support Island Strategic Action Committee Members March 8, 2016 Seven (7) vacancies with term to 3-23-19 representing the following categories: 3 - At -Large, 1- Commercial Property Owner, 1- Padre Island Business Association Member Nominee, 1 - Padre Isles Property Owners Association Member Nominee, and 1 - Realtor. Name Board Name Status District Term End Date Cate •o Position Attendance Stan Hulse ISLAND STRATEGIC ACTION COMMITTEE Seeking reappointment District 4 1 03/23/16 Padre Isles Prop. Owners Assoc. Member 83% 10/12 meetings (2 exc.) Jyoti Patel ISLAND STRATEGIC ACTION COMMITTEE Met six-year term limitation District 4 2 03/23/16 At -Large Member Kathleen Pratt ISLAND STRATEGIC ACTION COMMITTEE Seeking reappointment District 4 Partial 03/23/16 At -Large Member 75% 9/12 meetings (3 exc.) Gregory Smith ISLAND STRATEGIC ACTION COMMITTEE Met six-year term limitation District 4 2 03/23/16 Commercial Property Owner Member Rick Sowash ISLAND STRATEGIC ACTION COMMITTEE Seeking reappointment District 4 1 03/23/16 At -Large Member 75% 9/12 meetings (1 exc.) Carter Tate CCIM ISLAND STRATEGIC ACTION COMMITTEE Seeking reappointment District 4 Partial 03/23/16 Realtor Member 100% 12/12 meetings John White, Sr. ISLAND STRATEGIC ACTION COMMITTEE Met six-year term limitation District 4 2 03/23/16 Padre Island Business Assoc. Member Brud Jones III ISLAND STRATEGIC ACTION COMMITTEE Active Other / Noi 1 03/23/18 At -Large Member David Perry ISLAND STRATEGIC ACTION COMMITTEE Active District 4 1 03/23/18 Environmental Group Member William Goldston ISLAND STRATEGIC ACTION COMMITTEE Active District 4 2 03/23/18 Professional Engineer Vice -Chair Jodi Steen ISLAND STRATEGIC ACTION COMMITTEE Active District 4 1 03/23/18 Construction Contractor Member Alex Harris ISLAND STRATEGIC ACTION COMMITTEE Active Other / Noi 2 03/23/18 Developer Member Libby Middleton ISLAND STRATEGIC ACTION COMMITTEE Active District 4 1 03/23/18 Residential Property Owner Chair Island Strategic Action Committee Applicants March 8, 2016 NM Do you reside or own property on Mustang or a - Isla .7 MIME Norm Baker ISLAND STRATEGIC ACTION COMMITTEE Estoy Pronto, Inc. At -Large and Commercial Property Owner Island Resident and Island Property Owner District 4 Shannon M. Bumstead ISLAND STRATEGIC ACTION COMMITTEE Bumstead Properties, Inc. At -Large, Realtor, Residential Property Owner, Commercial Property Owner Island Resident and Island Property Owner 14254 5. Padre Island Dr., 361-510-5655 Ste. 217 Corpus Christi District 4 TX Aaron B. Huffman ISLAND STRATEGIC ACTION COMMITTEE Asset Development At -Large and Developer of Property on Mustang or Padre Island Island Resident 361-949-7611 14650 Compass St., Ste 1 Corpus Christi District 4 TX Kendra L. Kinnison ISLAND STRATEGIC ACTION COMMITTEE Port Royal Ocean Resort At -Large No 361-749-3705 6317 State Hwy 361 Port Aransas District 4 TX Charles L. Knoll Coldwell Banker Island/ ISLAND STRATEGIC ACTION COMMITTEE Padre Escapes At -Large, Realtor and Commercial Property Owner Island Property Owner 14945 S. Padre Island Dr. Corpus Christi District 4 TX James Skrobarczyk, Sr. ISLAND STRATEGIC ACTION COMMITTEE Coastal Area Properties Cheri Sperling ISLAND STRATEGIC ACTION COMMITTEE Coastline Properties At -Large and Realtor At -Large, Realtor, Residential Prop. Owner, Commercial Prop. Owner, Padre Island Business Association (PIBA) Member Nominee No District 4 Island Property Owner and Island Resident 361-949-0101 14717 5. Padre Island Drive Corpus Christi District 4 TX BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Feb 02, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Norm Baker Prefix First Name Middle Last Name Suffix Initial Email Address Which Boards would you like to apply for? ISLAND STRATEGIC ACTION COMMITTEE Street Address Suite or Apt City District 4 State Postal Code What district do you live in? liggimmina Primary Phone Alternate Phone ESTOY PRONTO, INC. WorkAddress - Street Address and Suite Number WorkAddress - City WorkAddress - State WorkAddress- Zip Code OWNER Work Phone Work E-mail address Home/PrimaryAddress 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) B.S. BUSINESS EASTERN ILLINOIS I HAVE OWNED AND OPERATED BUSINESSES IN BANKING, TRUCKING AND PLASTICS. I HAVE SERVED ON THE BOARD OF PADRE ISLAND BUSINESS ASSOCIATION AND WAS THE PRESIDENT OF THE PADRE ISLAND PAK. I HAVE LIVED ON PADRE ISLAND SINCE 1987 AND HAVE BOTH RESIDENTIALAND COMMERCIAL PROPERTY ON THE ISLAND. Registered Voter? QQ Yes QNo Current resident of the city? O Yes C) No 27 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement IX IAgree Consent for Release of Information X IAgree Oath V IAgree Board -specific questions (if applicable) Question applies to ISLAND STRATEGIC ACTION COMMITTEE. Do you reside or own property on Mustang or Padre Island? * • Yes, I am an Island Property Owner ® Yes, I am an Island Resident Question applies to ISLAND STRATEGIC ACTION COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * F Commercial property owner (Who owns property and operates a business on Mustang or Padre Island) FI At Large Representative who is a City Resident BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Jan 14, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Prefix Shannon First Name Email Address M Bumstead Middle Last Name Initial Suffix Which Boards would you like to apply for? ISLAND STRATEGIC ACTION COMMITTEE Street Address Suite or Apt City District 4 State Postal Code What district do you live in? luggimmina Primary Phone Alternate Phone Bumstead Properties, Inc. 14254 SPID Suite 217 WorkAddress - Street Address and Suite Number Corpus Christi WorkAddress - City Texas WorkAddress - State 78418 ens -Zip Code Broker / Owner 3615105655 Work Phone shanabellscott@yahoo.com Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) Corpus Christi Association of Realtors Texas Association of Realtors National Association of Realtors Padre Island Business Association Registered Voter? S Yes Q No Current resident of the city? Qi Yes Q No 17 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Caucasian/Non-Hispanic Ethnicity Female Gender Verification City Code Requirement V IAgree Consent for Release of Information X IAgree Oath M IAgree Board -specific questions (if applicable) Question applies to ISLAND STRATEGIC ACTION COMMITTEE. Do you reside or own property on Mustang or Padre Island? * ® Yes, I am an Island Property Owner Z Yes, I am an Island Resident Question applies to ISLAND STRATEGIC ACTION COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Realtor (Who primarily represents buyers or sellers of property on Mustang or Padre Island) ® Residential Property Owner (Who owns property and resides on Mustang or Padre Island) ® Commercial property owner (Who owns property and operates a business on Mustang or Padre Island) ® At Large Representative who is a City Resident BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Jan 11, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Aaron B Huffman Prefix First Name Middle Last Name Suffix Initial Email Address Which Boards would you like to apply for? ISLAND STRATEGIC ACTION COMMITTEE Street Address Suite or Apt City District 4 State Postal Code What district do you live in? luggimmiga Primary Phone Alternate Phone Asset Development 14650 Compass St, Ste 1 WorkAddress - Street Address and Suite Number Corpus Christi WorkAddress - City TX WorkAddress - State 78418 ens Zip Code Job Title 361-949-7611 Work Phone aaronbhuffman@gmai I.com Work E-mail address Home/PrimaryAddress 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) BA, Trinity University 1992 JD, University of Texas School of Law, 2001 Island Foundation Board of Directors, School Liaison Registered Voter? S Yes Q No Current resident of the city? Qi Yes Q No 1.5 If yes, how many years? Aaron_Huffman_- _ Resume2016.docx Upload a Resume Please upload any additional supporting documents Demographics Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement V IAgree Consent for Release of Information X IAgree Oath M IAgree Board -specific questions (if applicable) Question applies to ISLAND STRATEGIC ACTION COMMITTEE. Do you reside or own property on Mustang or Padre Island? * X Yes, I am an Island Resident Question applies to ISLAND STRATEGIC ACTION COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Developer of Property on Mustang or Padre Island At Large Representative who is a City Resident Aaron Huffman Education University of Texas School of Law J.D., December 2001 Trinity University, San Antonio B.A., cum laude, Comparative Religion, 1992 Work Experience Asset Development, LP Real Estate Development 2014 — Present Thomson Reuters Attorney Editor 2009 — 2014 Ebe & Associates Attorney Employment Law 2008 — 2009 Office of the Attorney General — General Litigation Division Employment Law 2006 - 2008 Fulbright & Jaworski L.L.P. —Austin Litigation Associate 2002 — 2006 Email: aaronbhuffman@gmail.com Mobile: 512-653-0519 We moved to Corpus Christi in August of 2014 from Austin, Texas. My wife's name is Elizabeth Schexnailder. We have been married for 19 years and we have two children, Seth and Caroline. They are twins and are in 5th grade at Seashore Middle Academy out here on the Island. I am interested in joining ISAC because I would like for development and change on the Island to continue to be accomplished in a considered and thoughtful manner with all stakeholders having the opportunity to provide input. My family and I have come to love this community and I want to put my skills and experience to work giving back and helping to shape its future. BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Feb 26, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Prefix Kendra First Name Email Address L Kinnison Middle Last Name Suffix Initial Which Boards would you like to apply for? ISLAND STRATEGIC ACTION COMMITTEE Street Address Suite or Apt City District 4 State Postal Code What district do you live in? Primary Phone Alternate Phone Port Royal Ocean Resort 6317 State Hwv 361 WorkAddress - Street Address and Suite Number Port Aransas WorkAddress - City TX WorkAddress - State 78373 WorkAddress- Zip Code General Manager 361-749-3705 Work Phone kkinnison@port-roay I.com Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: None Education, Professional and/or Community Activity (Present) Advisory Board, College of Business, TAMUCC At -Large Board Member, Texas Travel IndustryAssociation Registered Voter? S Yes Q No Current resident of the city? Qi Yes Q No 20 If yes, how many years? Kinnison Resume_2016.pdf Upload a Resume Please upload any additional supporting documents Demographics Caucasian/Non-Hispanic Ethnicity Female Gender Verification City Code Requirement V IAgree Consent for Release of Information X IAgree Oath M IAgree Board -specific questions (if applicable) Question applies to ISLAND STRATEGIC ACTION COMMITTEE. Do you reside or own property on Mustang or Padre Island? * ® No Question applies to ISLAND STRATEGIC ACTION COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * At Large Representative who is a City Resident Kendra L. Kinnison, CPA, MBA Experience: November 2013 to Port Royal Ocean Resort, Corpus Christi, Texas Present General Manager December 2011 to November 2013 (Contract role previously, KCo) August 2009 to June 2011 May 2007 to May 2009 (Contract role previously, KCo) Responsibilities include leadership and oversight of 210 -unit homeowners association, hotel/resort operations, capital projects, and all ancillary business units. Director of Finance Responsibilities included strategic planning and management functions as a member of the Senior Leadership Team, accounting operations, owner relations, and leadership of the property's RevMax Team, which coordinates forecasting, inventory management, and marketing efforts. Neovia Solutions, LLC, Corpus Christi, Texas Co -Founder Responsibilities included providing social media marketing and training to clients ranging from solopreneurs to Fortune 500 companies through this interactive advertising agency. DOYLES, Corpus Christi/Houston, Texas Vice President & Chief Financial Officer Responsibilities included strategic planning and management functions as a member of the Executive Team as well as oversight and development of the accounting, human resources, information technology, supply chain and special projects depa,tiuents of this rapidly growing equipment supplier to the international oil and gas industry. Named to the Inc. 5000 list in 2008. November 2005 to Utopia World Cuisine & Lounge, Inc., Corpus Christi, Texas May 2007 Co -Owner & Administrative Manager April 2002 to December 2011 Responsibilities included management of human resources, accounting, cash management, and special projects for 6,000 sq ft restaurant and lounge. Kinnison & Co., LLC (formerly Ensemble Group), Corpus Christi, Texas Managing Partner Major projects included: Implementation and design of several enterprise system implementations, including process development and training Providing outsourced controllership services for more than a dozen business and non-profit organizations Providing pre -audit systems development and clean-up services upon request of other CPA firms December 1996 to Various positions within public accounting firms, Corpus Christi, Texas April 2002 Business Advisor, Senior Accountant, StaffAccountant Professional Licenses: Certified Public Accountant, State of Texas Education: Master of Business Administration, December 2000 Texas A & M University — Corpus Christi, GPA — 4.0 Other Activities: Awards/Honors: Bachelor of Business Administration, May 1999 Texas A & M University — Corpus Christi, GPA — 4.0 Advisory Board Member, College of Business, TAMU-CC At -Large Board Member, Texas Travel Industry Association Board Member, Texas BPW Foundation Member, Church Unlimited Chair, Leadership Corpus Christi Class 35 Past State President, Texas Business Women Past President, National Board of TAMU-CC Alumni Association Member, TAMU-CC Momentum 2015 & 2020 Steering Committee Past President, Volunteer Services Council — Corpus Christi State School Past Treasurer, Leadership Corpus Christi Alumni Association Past Member, Board of Directors, KEDT Past Member, City of Corpus Christi South Central Development Committee Past Member, Heart of Corpus Christi Code Enforcement Committee Past Member, Board of Directors, Girl Scouts Paisano Council Selected to speak at TEDxCorpusChristi 2013 & Catalyst Michigan 2014 Selected to Corpus Christi Top 40 under 40 (2006) SBA Young Entrepreneur Award, Rio Grande Valley District (2006) Y Women in Careers Honoree (2005) Profiled in Corpus Christi Caller -Times Leaders in Business (December 2004) State Runner-up, BPW/Texas Young Careerist Competition (2002 & 2003) Young Alumni Award, TAMU-CC National Alumni Association (2002) Selected to Leadership Corpus Christi Class 30 (2001) Special Award for Outstanding Achievement on the Uniform CPA Examination, Texas State Board of Public Accountancy (2001) Outstanding Student in the College of Business, TAMU-CC (2001) Youngest MBA Graduate (in history of University), TAMU-CC (2000) Distinguished Graduate, TAMU-CC (2000) BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Jan 18, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Prefix Charles First Name Email Address L Knoll Middle Last Name Suffix Initial Which Boards would you like to apply for? ISLAND STRATEGIC ACTION COMMITTEE Street Address Suite or Apt City District 4 State Postal Code What district do you live in? Primary Phone Alternate Phone Coldwell Banker Island/ Padre Escapes Realtor/ Owner 14945 SPID CC, TX 78418 WorkAddress - Street Address and Suite Number WorkAddress - City WorkAddress - State WorkAddress- Zip Code Work Phone charlie.knoll@coldwellbanker.com WorkE-mai? address Work 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: I am currently a director for the Corpus Christi Association of Realtors and immediate past of the Corpus Christi Association of Realtors. Director at Grace Community Church. Finance and management team for the Association of Realtors. This might be my second entry. I started one and left and I believe completed a second. Education, Professional and/or Community Activity (Present) Registered Voter? QQ Yes Q No Current resident of the city? Qi Yes Q No 28 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement IX I Agree Consent for Release of Information XI IAgree Oath V IAgree Board -specific questions (if applicable) Question applies to ISLAND STRATEGIC ACTION COMMITTEE. Do you reside or own property on Mustang or Padre Island? * X Yes, I am an Island Property Owner Question applies to ISLAND STRATEGIC ACTION COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * XI Realtor (Who primarily represents buyers or sellers of property on Mustang or Padre Island) Commercial property owner (Who owns property and operates a business on Mustang or Padre Island) XI At Large Representative who is a City Resident BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: May 04, 2015 COMMISSION OR COMMITTEE FOR THE Status: appointed Profile Prefix James First Name Email Address Skrobarczyk Middle Last Name Initial S r. Suffix Which Boards would you like to apply for? ISLAND STRATEGIC ACTION COMMITTEE Street Address Suite or Apt City District 4 State Postal Code What district do you live in? Primary Phone Alternate Phone COASTAL AREA PROPERTIES Employer WorkAddress - Street Address and Suite Number WorkAddress - City WorkAddress - State WorkAddress- Zip Code OWNER -BROKER 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) BUILDER, DEVELOPER AND REAL ESTATE BROKER CURRENTLY SERVING ON THE BEACH DUNE MANAGEMENTADVISORY COMMITTEE FOR NUECES COUNTY PAST PRESIDENT OF THE BUILDERS ASSOCIATION OF CORPUS CHRSITI Registered Voter? C) Yes QNo Current resident of the city? O Yes Q No 37 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement IX IAgree Consent for Release of Information X IAgree Oath V IAgree Board -specific questions (if applicable) Question applies to ISLAND STRATEGIC ACTION COMMITTEE. Do you reside or own property on Mustang or Padre Island? * Z No Question applies to ISLAND STRATEGIC ACTION COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Realtor (Who primarily represents buyers or sellers of property on Mustang or Padre Island) ® Developer of Property on Mustang or Padre Island ® Construction contractor (Who primarily works on projects on Mustang or Padre Island) ® At Large Representative who is a City Resident BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Feb 15, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Cheri Sperling Prefix First Name Middle Last Name Initial Email Address Suffix Which Boards would you like to apply for? ISLAND STRATEGIC ACTION COMMITTEE Street Address Suite or Apt City District 4 State Postal Code What district do you live in? Primary Phone Alternate Phone Coastline Properties 14717 S. Padre Island Drive WorkAddress - Street Address and Suite Number Corpus Christi WorkAddress - City TX WorkAddress - State 78418 ens Zip Code Owner/President 3619490101 Work Phone sperling@coastline-properties.com Work E-mail address Work 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: Padre Isles Home Owners Association Board of Directors; Padre Island Business Association Board of Directors; Corpus Christi Association of Realtors Board of Directors; Padre Isles Municipal Management District Education, Professional and/or Community Activity (Present) Owner/President of Coastline Properties, Inc. on Padre Island since 1995. Real Estate/Property Management Registered Voter? S Yes Q No Current resident of the city? Qi Yes Q No 24 If yes, how many years? Cheri _L._SperlinciResume.pdf Upload a Resume Please upload any additional supporting documents Demographics Caucasian/Non-Hispanic Ethnicity Female Gender Verification City Code Requirement Z I Agree Consent for Release of Information I Agree Oath M I Agree Board -specific questions (if applicable) Question applies to ISLAND STRATEGIC ACTION COMMITTEE. Do you reside or own property on Mustang or Padre Island?* ® Yes, I am an Island Property Owner ® Yes, I am an Island Resident Question applies to ISLAND STRATEGIC ACTION COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Realtor (Who primarily represents buyers or sellers of property on Mustang or Padre Island) ® Residential Property Owner (Who owns property and resides on Mustang or Padre Island) Commercial property owner (Who owns property and operates a business on Mustang or Padre Island) 1 Padre Island Business Association Member (Nominated by the Association) R Cheri L. Sperling Accomplished Real Estate Selling Agent, Property Manager & Business Owner with a proven sales track record. Able to generate business through aggressive prospecting and networking. Successful in closing business, working with owners and building management, and developing long term relationships with clients. PROFESSIONAL EXPERIENCE COASTLINE PROPERTIES INC Corpus Christi, TX Real Estate Sales & Leasing Specialist (1995 -Present) Owner/President QUALIFICATION HIGHLIGHTS: • Licensed REALTOR since 1992 • Multi -Million Dollar Producer since 1999 • Served as an elected Director for the Corpus Christi Apartment Association 2000-2006 • Served as Committee Chairperson on numerous committees at the Corpus Christi Apartment Association • Served as an elected Director for the Corpus Christi Association of REALTORS from 2007-2009 and 2016 (3 -year term) • Served on numerous committees at the Board of Realtors from 1995 to present date • Serve as an elected Director for the Padre Isles Home Owners Association from 2007 to present date • Serve as an elected Director for the Padre Island Business Association 2016 (3 -year term) • Board Member of several condominium homeowners associations on Padre Island since 2005 • Served on the Food Service Advisory Committee Board for the City of Corpus Christi 2007-2011 • Appointed to the Padre Isles Municipal Management District 2015 to present date • Member of Corpus Christi Association of Realtors since 1992 • Member of Texas Association of Realtors since 1992 • Member of National Association of Realtors since 1992 • Member of Corpus Christi Apartment Association since 1992 • Member of Texas Apartment Association since 1992 • Member of National Apartment Association since 1992 • Founding Member of the National Apartment Leasing Professionals since 1997 • Member of the Padre Island Business Association since 1995 • Member of the Rotary Club of Padre Island ADDITIONAL INFORMATION: Cheri Sperling helped found the Padre Island business of Coastline Properties, Inc. in 1995. Originally from Nebraska, working in the mortgage lending business for numerous years, she and her husband, retired military, settled on Padre Island In 1992. Cheri began her real estate career in 1992 as a Property Manager and remains, today, dedicated to serving the members of the real estate community. For over 24 years, Cheri's professional experience has been working with sales agents, handling residential and commercial sales as well as the property management of her company. Coastline Properties, formerly a partner in a construction company, was active in land development on Padre Island and Kingsville, Texas in the 1990's. Due to Cheri's acknowledged work ethic and her extensive experience in the marketplace, she is sought out by local professionals as well as by out -of -area Realtors and Developers and asked about the different aspects of the market and details regarding Padre Island. Cheri has successfully built her professional reputation and is continually at the pinnacle of production in real estate sales. Cheri Sperling Is active in a variety of civic and cultural organizations. Cheri contributes and helps sponsor an array of Island functions and programs. Cheri has been recognized by Empire Who's Who as a Lifetime Member of Executives and Professionals. REFERENCES: Upon Request City Of Corpus Christi PLANNING COMMISSION BOARD DETAILS SIZE 9 Seats TERM LENGTH 3 Years OVERVIEW TERM LIMIT 6 Years �q DETAILS The Planning Commission makes and amendsa master plan for the physical development of the City; to recommend to the City Council approval or disapproval of proposed changes in the zoning plan; to exercise control over platting or subdividing land within the corporate limits of the city and within an area extending five miles beyond the City limits; to submit annually to the City Manager not lessthan 90 days prior to the beginning of the budget year a list of recommended capital improvements which in the opinion of the commission are necessary or desirable during the forthcoming five-year period; to require information from other departments of the City government in relation to its worls to be responsible to and act as an advisory body to the City Council and to perform such additional duties and exercise such additional powers as may be prescribed by ordinance of the City Council. In addition, members appointed to the Planning Commission are concurrently appointed to the concurrent Beach/Dune Committee (510-17). This committee reviewsapplicationsfor master planned development ordinances from applicants seeking beachfront construction, and submitstheir recommendations to City Council. They also review the location of the dune protection line and beachfront construction line at least once every five years or within 90 days after a tropical storm or hurricane affecting the portion of the coast lying within the City'sjurisdiction. COMPOSITION CREATION 1 AUTHORITY MEETS Nine (9) members w hich shall consist of nine registered voters of the City appointed by the City Council for three-year staggered terms. Members elect a Chair from among its membership at the first regular meeting in August of each year. City Charter Art. 5, Sec. 1-6. The first Planning Commission ordinance was adopted in 1937 and has been amended several times, the latest amendment being adopted 7-13-68. Sec. 10-17, Code of Ordinances; Ord. 022164, 2-28-95. Every other Wednesday, City Hall, Council Chambers, 5:30 p.m. TERM DETAILS Three-year staggered terms. DEPARTMENT Development Services Planning Commission Members March 8, 2016 One (1) vacancy with term to 7-31-18. di District Term End Date Position Jonas Chupe PLANNING COMMISSION Resigned District 4 1 07/31/18 Member Heidi Hovda PLANNING COMMISSION Active District 2 1 07/31/17 Member Mike Lippincott PLANNING COMMISSION Active District 4 2 07/31/18 Member Philip Ramirez PLANNING COMMISSION Active District 4 2 07/31/18 Chair Fred Braselton PLANNING COMMISSION Active District 5 1 07/31/16 Member Carl Crull PLANNING COMMISSION Active District 5 1 07/31/17 Member Marsha Williams PLANNING COMMISSION Active District 3 1 07/31/17 Member Eric Villarreal PLANNING COMMISSION Active District 2 1 07/31/16 Member Jeremy Baugh PLANNING COMMISSION Active District 1 Partial 07/31/16 Member Name District Planning Commission Applicants March 8, 2016 Gloria C. Aguilar Richard Burns L District 1 RETIRED District 5 ALINEAR SOLUTIONS -MANAGEMENT SOLUTIONS OF SOUTH TEXAS Mr. William (Bill) L. Givens District 4 ISLA CUSTOM HOMES, INC. Eugene C. Guernsey District 4 GENE GUERNSEY & ASSOCIATES INC. REALTORS 15109 TESORO 446 ROBERT DR. CORPUS CHRISTI TX CORPUS CHRISTI TX 361-903-5901 361-993-8018 Frank Hastings District 5 PLAIN'S CAPITAL BANK 9517 SOUTH PADRE ISLAND DR. CORPUS CHRISTI TX 361-939-5602 Gilbert "Gil" Hernandez Armando Mendez District 5 District 3 COCA-COLA NORTH AMERICA GATES CORPORATION OIL & GAS 5126 GREENWOOD DR. 134 44TH ST. CORPUS CHRISTI TX CORPUS CHRISTI TX 361-693-4217 361-885-3500 Dante C. Miller Morgan Spear Diana Summers District 5 District 4 District 4 NRL MORTGAGE/DREAM HOME BUILDERS/DANSING MORGAN SPEAR ASSOCIATES HOGAN HOMES 5801 S. STAPLES #E 225 S. CARANCAHUA 400 MANN ST. CORPUS CHRISTI TX CORPUS CHRISTI TX CORPUS CHRISTI TX 361-851-5100 361-883-5588 512-994-8786 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: May 05, 2015 Status: submitted Profile Prefix Gloria Firm Name C. Aguilar Middle Last Name Initial Email Address Which Boards would you like to apply for? NUECES COUNTY TAX APPRAISAL DISTRICT, PLANNING COMMISSION Street Address City District 1 What district do you live in? Please CLICK HERE for a map to verify your district assignment. imisamml Primary Phone RETIRED Employer WorkAddres- Street Address and Suite Number WorkAddress - City WorkAddress - State �ws Alternate Phone Job Tide 11111111111011111111 Suite or Apt 1.1111 s%alte Postal Code WorkAddre%-Zip Code Work Phone WorkE-mail address Home/PrimaryAddress 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) DEL MAR COLLEGE - 2 YEARS DEPT. OF TREASUREY- 10 YEARS TAXPAYER SERVICE REPRESENTATIVE TAX CONSULTANT -PERSONAL BUSINESS- 30 YEARS Registered Voter? p Yes No Current resident of the city? ® Yes No It yes how many years? Upload a Resume Please upload arty additional support ng document Demographics Completion of this information is VOLUNTARY. The City will use this information for stalisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Female 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, 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.City Code of Ordinances, Section 2-61, 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. ® I Agree 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 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. ® I Agree Oath !swear that all of the statements included in my application are true and correct. (Agree Board -specific questions (if applicable) Question applies to NUECES COUNTY TAXAPPRAISAL DISTRICT. Are you a resident and qualified elector* of the District (Nueces County)? ® Yes Q No Question applies to NUECES COUNTYTAXAPPRAISAL DISTRICT. Have you resided in the District for at least 2 years? • Yes No Question avlies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? • Yes Q No Question applies ro 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 any court; and a resident of this State. BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Mar 03, 2015 Status: submitted Profile Richard Firs Name Email Address Bums Middle Las Name Initial Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, PLANNING COMMISSION Street Address Suite or Apt 4111•11110011111111mmin0 WM ;= r State Postal Code District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. winimisme Primary Phone Alternate Phone HLINt/K LULU 11L)Nb- MANAGEMENT SOLUTIONS OF SOUTH TEXAS CEO Employer Job Tltic WorkAddress - Street Address and Suite Number WorkAddress- City WorkAddress- Stale WorkAddress- Zip Code 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) MBA, AUBURN UNIVERSITY, ALABAMA BA, UNIVERSITY OF NORTH CAROLINA, CHAPEL HILL, NC COMMUNITYACTNIT LIFE TEEN VOLUNTEER, CHURCH PREVIOUS: GREATER AUSTIN AT WORK TASK FORCE; PRESIDENT, CENTRAL TEXAS DIVERSITY COUNCIL SEE ATTACHED RESUME Registered Voter? • Yes 0 No Current resident of the city? •Yes 0 N 3 If yes how many years? BURNS2.pdf Upload a Resume BURNS.pdf Please upload any additional supposing documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurpases only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. 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, 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.City Code of Ordinances, Section 2-61, 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. ® !Agree 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 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. ® !Agree Oath I swear that all of the statements included in my application are true and correct. ® !Agree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION. Are you a qualified elector* of the City? m Yes Q No Quesuen applies to PLANNING COMMISSION, Are you a registered voter of the City of Corpus Christi? Yes 0 No Question applies to multiple bawds. *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 any court; and a resident of this State. PERSONAL INFORMATION RICHARD J. BURNS ("RICH") EDUCATIONAL BACKGROUND Auburn University MBA University of North Carolina, Chapel Hill BA Summary: Accomplished Human Resources Professional (15 years' experience) with highly developed HR technical skills (HMS, MS Office, data reporting systems).. Highly experienced in employee skills assessments, job analysis, compensation structures. "Voices" (360 assessment) certified. Former Naval Aviator with extensive leadership experience of high performing teams. Served on the staffs of Chief of Naval Air Training and Commander Naval Air Forces Pacific Fleet in training standardization and manpower analysis capacity. Served as Commanding Officer NAS Pensacola and managed Civil Service function in that capacity. Excellent interpersonal skills --collaborative. Accomplished presenter and trainer. Extensive experience providing consultation and creative solutions to leaders and decision makers on HR issues, policies and laws. Currently manage an HR shop of 4 professionals. PROFESSIONAL EXPERIENCE THE UNIVERSITY OF TEXAS AT AUSTIN 2000 to January 2015 Austin, Texas The University of Texas at Austin is the Flagship of the University of Texas System. The University is a highly complex organization with approximately 50,000 students and 23,000 employees. In addition to the main campus, there are other research and satellite facilities in Austin as well as the MacDonald Observatory in Fort Davis, Texas and the Marine Science Institute in Aransas Pass. The University is one of the largest institutions of higher education in the country. ASSOCIATE ATHLETICS DIRECTOR FOR HUMAN RESOURCES Lead and Manage all HR functions for the NCAA Division I Athletics Department—a staff of 400 permanent employees and 700 part time and temporary employees (state employees). Major departments include finance, facilities operations and maintenance, sports administration, event operations, communications, marketing and the Longhorn Foundation (fund raising), the Erwin Center entertainment facility. HR team supports ail human resources functions including recruiting, compensation, compliance, time and attendance, employee relations, training and development, benefits and salary administration, workers compensation. Works closely with risk management. DIRECTOR, STAFFING AND CAREER MANAGEMENT SERVICES Manage a team of human resource professionals providing services to campus clients in the areas of managing talent -- recruitment, retention, compensation, job analysis, job design, compliance, diversity and compliance. Provide consultation to campus leaders and managers on recruitment and retention strategies, long range human resource strategic planning and organizational design. Use state of the art tools for developing salary structures, compensation analysis, and organizational analysis. Design and develop electronic solutions to automate processes. Serve as member of the Human Resource Services Management Team. Currently serve as consultant in human resource generalist role. Presented at numerous meetings and conferences including Texas Workforce Commission, Greater Austin At Work, WorkSource and the Texas Diversity Council state-wide conference. BLUE CROSS AND BLUE SHIELD OF FLORIDA 1995-2000 Jacksonville, Florida Blue Cross and Blue Shield is the largest health insurer in Florida -9000 employees—home based in Jacksonville with offices in Miami, Tampa, Orlando and Pensacola. It is rich in technology and human systems required to service the health insurance needs of its millions of members DIRECTOR, HUMAN RESOURCES (HR1S & PROJECTS) Had hands on leadership accountability for the implementation of PeopleSoft HR and Payroll (HRMS) plus eLabor Time and Attendance Management System (TAMS). $IOM project encompassed employee administration, benefits, compensation and payroll. Project (Phase I) was completed on time and under budget. 30 project team members reported to me through a project management office (PMO). Cross functional team consisted of HR and Payroll professional staff, IT technical and systems integration partner --KPMG. Recognized for leadership and results. UNITED STATES NAVY Numerous leadership assignments and achievements as a successful career Navy Pilot flying advanced fighter jets aboard aircraft carriers. Experience included 5000 flight hours and flying operational missions during hostilities. Served as Squadron Commander, and Deputy Carrier Air Wing Commander and Targe base commander (Pensacola Naval Air Station). During career, consistently rose to positions of increased accountability and leadership in an organization that is complex and mission oriented in a global perspective. March 3, 2015 Ms. Rebecca Huerta City Secretary City of Corpus Christi, Texas Dear Ms. Huerta, Richard Burns Please accept my application for membership on City of Corpus Christi's boards, commissions, and committees. I have been residing in Corpus Christi since July, 2012 with my wife Penny, however, my association and with Corpus and the Coastal Bend goes back quite a bit longer. 1 met my wife while 1 was a Navy flight instructor at NAS Chase Field, Beeville after which we transferred Chief of Naval Air Training (1980), NAS Corpus Christi. Our son and grandson were both born in Corpus Christi. I am a graduate of the University of North Carolina, Chapel Hill and received a Masters in Business Administration from Auburn University, Alabama. As a former Navy Pilot,1 served as Squadron Commander, Deputy Air Wing Commander and then Base Commander of Naval Air Station Pensacola, Florida—with its large, deep water port and high volume air field. After the Navy, 1 joined Blue Cross and Blue Shield of Florida in Jacksonville, Florida, where I served as Director of Human Resources Information Systems; and then became project leader for the purchase and implementation of PeopleSoft human resources management system, a $9M project, managing a team that consisted of 30 staff. In 2000 we returned to Texas and l began employment with the University of Texas at Austin (19,000 employees). l served as Associate Athletics Director for the NCAA Division 1 Athletics Department human resources function. The Longhorns Athletics Department had 400 permanent and 700 employees, with a budget of $160M. I left the University last month, January of 2015. I have a strong background in leadership roles in both the private and public sectors, 1 am anxious to serve in the community in areas where my experience will help. Please do not hesitate to contact me if you have any questions. I am attaching my application and resume. Sincerely, Rich Burns BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Oct 16, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Martin First Name Ernafi Address L. Evans Middle Last Name Initial Suffix Which Boards would you like to apply for? AIRPORT BOARD, COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE, CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE, CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY, NUECES COUNTY TAX APPRAISAL DISTRICT, PLANNING COMMISSION, PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Street Addrems Suite orApt CON: Stale Postal Code District 5 What distnct do you live ins Primary Phone Altemale Phone Freedom Investment Counsel LLC Owner Employer ct; T lc 101 North Shoreline Blvd, STE 560 WorkAddres-StreetAddressand Suite Number Corpus Christi WorkAddress- City TX WorkAddress - State 78401 Work Address - Zip Code Work Phone Marty@ Freedom-ic.com Work 8 -mall address Home/PrimaryAddress 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) BS Political Science & History Ed, Texas A&I University Registered Voter? p Yes p No Current resident of the city? Q Yes O No 50 11 yes. how many years? City Board Resume.doc Upload a Regime Please upload any addttiUl al supposing documents Demographics Unknown Ethnicity Male Gan& r Verification City Code Requirement • lAgree Consent for Release of Information ® !Agree Oath ® lAgree Board -specific questions (if applicable) Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? Op Yes O No MARTIN L. EVANS BACKGROUND: Following college graduation served as a career commissioned officer in the U. S. Army with leadership and management positions in a wide variety of demanding jobs throughout the United States, Europe, the Caribbean, and Central America. Following that, served as Pilot with a regional Part 135 air freight carrier in South Texas. Following that, served as a Financial Advisor and Investment Management Consultant with a major Wall Street Investment Firm. Small business owner in Corpus Christi for past 6 years. PAST POSITIONS & ACTIVITIES RELEVANT TO POSITION BEING SOUGHT: Service Platoon Leader U.S. Army Tank Battalion, Germany Leadership and supervision of 30+ soldiers; Responsible for a fleet of 30 medium trucks, fuel tankers & all terrain ammunition haulers; Logistical support of rations, fuel, supplies and ammunition to an armored tank battalion with 50 heavy tanks and 500+ personnel. Tank Battalion Inteligence Officer, US Army Germany Senior Staff Officer; Information gathering and analysis; Operational planing; Threat analysis; Force protection and operational security; combat readiness training Operations Officer, US Army Garrison, San Juan, Puerto Rico Command VIP breifing officer; Operational plans and training; Helicopter support to multiple military commands and government agencies in Puerto Rico and the US Virgin Islands; Disastor relief and humanitarian assistance operational support Installation Inspector General, US Army Ft. Sam Houston, Texas Personal advisor to the chief executive officer of a major military installation; Identified, analyzed and developed solutions for systemic problems related to the efficient management of a major military community with an annual operating budget in excess of $20 million. Investigated and reported to the commander on non -criminal complaints and allegations; Provided counseling and assistance on complex personal problems reported by employees and clients; budgeting oversight and internal controls Aviation Operations Staff Officer, US Army South, Panama (Operation Just Cause) Aviation issues briefing officer for Commander US Army South; Aviation operations planning and coordination at senior Army command; planned and participated in nation building operations to remote regions of Panama; Protocol escort officer for Secretary of the Army and U.S. Army Chief of Staff on two separate Command visits Aviation Batalion Executive Officer, US Army Honduras & El Salvador Coordinated downed aircraft and casualty recovery in a combat environment; Provided aviation support for International Election Monitors, El Salvador Nationl Reconciliation Elections 1991; Set up and maintained a remote communications relay network supporting aviation operations in a tropical mountainous region of Central America; Provided helicopter transport for medical teams on medical assistance missions to remote indigenous tribes of Honduras; Provided aviation support to US Embasys El Salvador and Honduras Financial advisor with a global investment firm. SKILLS SUMMARY: Excellent communications, written & verbal Multi level employee supervision experince Strategic planning and policy formulation Preparation and presentation of formal briefings Information analysis and reporting Project development and oversight Budgeting EXPERINCE: May 2009 — Present Financial planning and analysis Training and Teaching Computer and Internet savvy Marketing and sales P & L analysis Registered Principle/Owner — Freedom Investment Counsel LLC Established my own independent financial advisory practice to continue performing duties and responsibilities similar to those performed while employed in the financial services industry described below. Apr 1997- May 2009 Financial Advisor & Investment Management Consultant UBS PaineWebber, Corpus Christi, TX Developed new client relationships. Serviced clients in the areas of personal financial plans, employer sponsored retirement plans, securities and insurance sales. Supervised customer service and support staff. Achieved advanced professional designation as an Investment Management Consultant. Developed and maintained a personal business plan. Managed investment strategies in over 200 client relationships working to educate and assist clients in the investment decision making process. Daily activities include financial planning, investment performance analysis, marketing plan implementation, substantial client contact and frequent coordination with outside vendors or product managers. Assisted with new employee selection and training. Grew capital responsibility and personal production for six consecutive years. Current capital responsibility $30,000,000+. Trailing 12 month production $215,000. Awarded special corporate recognition in 1998 for qualifying in the top 10% of peer group for new accounts and new assets under management. Nov 1995 -Apr 1997 Account Executive, Dean Witter, Corpus Christi, TX New client development, securities sales and marketing. (See above) Jul 1994 -Jan 1997 Air Carrier Pilot, Part 135 Operations, Aero Pak, San Antonio, TX Pilot for an overnight air freight operator. Aug 1991 -Jul 1994 Aviation Division Chief, Fifth U.S. Army, Ft. Sam Houston, TX Supervised a 5 -person management evaluation team validating aviation organization's training, safety, standardization and maintenance programs in an eight -state area. Inspected compliance with established regulations and policies. Insured internal controls and budget expenditure reporting procedures. Participated in formulation of policy and operational plans. Provided oversight and inspection Jan 1991 -Aug 1991 Executive Officer, 4th BN 228th Aviation Regt., Soto Cano AB, Honduras Supervised a management team responsible for aviation operations in 5 Central American countries with 30 helicopters and 300 employees. Developed a goal oriented aviation maintenance management program, improving aircraft availability rates by over 10% allowing increased operating tempo. Developed and implemented organizational structure changes to enhance aviation support in Central America. Jan 1990 -Jan 1991 Aviation Operations Officer, U.S. Army South, Ft. Clayton, Panama Provided staff oversight and support of aviation operations for a major military headquarters during and after Operation Just Cause. Organized and conducted frequent formal decision briefings and informative presentations for senior executive leadership and high level political and government leaders. Selected principal escort officer for Secretary of the Army and U.S. Army Chief of Staff on two separate command visits. Utilized persuasive skills in the corporate decision process. Feb 1986 -Jan 1990 Inspector General, Headquarters USAG, Ft. Sam Houston, TX Personal advisor to the chief executive officer of a major military installation. Responsible for formulation and interpretation of policies and regulations. Established a systematic inspection program to insure compliance with prescribed operating procedures. Received, evaluated and recommended action on special issues raised by employees and customers. Identified, analyzed and developed solutions for systemic problems related to the efficient management of a major military community with an annual budget in excess of $20 million. Supervised 5 staff specialists. Computer skills and other Qualifications: Microsoft Office Suite Windows NT MS Word MS Excel Group one life & annuity insurance license Education: NASD Series 7 Series 63 ACT Contact Management data base MS PowerPoint Series 65 Series 31 Investment Management Consultant Internet savvy Graduated Calallen Highschool 1969, BS in Political Science & History ED, Texas A & I University, Distinguished Military Graduate; Army Command and General Staff College (graduate level). Investment Management Consultant program UBS PaineWebber. BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Jun 29, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Mr William (Bill) L. Givens Prefix First Name Middle Las[ Name Initial Email Address Which Boards would you like to apply for? PLANNING COMMISSION, SISTER CITY COMMITTEE Street Address Suite orApt City District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone Isla Custom Homes, LLC 15109 Tesoro Corpus Christi WorkAddress - City TX WorkAddress- State 78418 Co -Owner and CFO Job Title State Postal Code WorkAddress- Zip Code (361)903-5901 Work Phone islahomesllc@yahoo.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, but I have contacted my city council member about a nomination for the Planning Commission and the Sister City Committee also. Education, Professional and/or Community Activity (Present) Dual Master's degree in Management & Leadership and Human Resource Development. Adjunct Instructor (Aircraft Maintenance Technology) Del Mar College. Registered Voter? * Yes 0 No Current resident of the city? ii Yes 0 No 37 years (30 while in the USAF) If yes, how many years? William L. Givens Resume Summer_15.docx Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. 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, 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.City Code of Ordinances, Section 2-61, 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 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. II IAgree Oath I swear that all of the statements included in my application are true and correct. N IAgree Board -specific questions (if applicable) Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? •Yes QNo William L. Givens Comprehensive leadership and resource management experience. Proven at leading/assessing both people and mission -focused cross -functional teams at operational and strategic levels. Experienced motivator and problem solver committed to short and long-term organizational success. Develops/implements policy, emergency response, safety programs and training development Strong Work Ethic/ Program Management/ Aviation Technical Advisor/ Organizational Change/ Resource Development/ Process Analysis/ Lean Thinking/ Effective Communicator/ Technical Writer/ Employee Relations/ Complex Problem Solving/Root Cause Analysis/ Policy Development/ Team Building/ MS Office Suite PROFESSIONAL EXPERIENCE Isla Custom Homes, LLC Corpus Christi, TX Co -Owner and CFO Jan 2015 to Present Responsible for planning, implementing, managing and controlling all business and financial - related activities. Paul Braly Framing (Construction) Corpus Christi, TX Site Operations Manager Nov 2014 to Present Plans, directs and coordinates residential and commercial construction projects. Responsible for resource management and safety. Preferred framing company for Caleb Custom Homes INC, Newport Custom Homes and Isla Custom Homes, LLC. Headquarters United States Air Force Pentagon, Washington DC Senior Program & Human Resources Manager May 2012 to Nov 2014 Responsible for manpower, organization and training policy for 104,000 world-wide full/part time aircraft maintenance workforce. Directly influenced AF's annual $10 billion formal training budget ensuring efficient use of funds and priorities. Routinely briefed/advised senior logistics leaders and senior corporate partners on mission and cross -functional employee matters. 30 -year United States Air Force Veteran Nov 1984 to Nov 2014 EDUCATION Dual Masters of Arts in Management & Leadership and Human Resource Development Webster University, St Louis, MO Bachelor of Science, Professional Aeronautics; minor in Business Administration & Safety Embry -Riddle Aeronautical University, Daytona Beach, FL Associates of Arts, Aircraft Maintenance Technology Community College of the Air Force Pursuing Project Management Professional Certification Syracuse University, NY CERTIFICATIONS/ SPECIALIZED TRAINING Adjunct Instructor (Aircraft Maintenance Technology) Del Mar College, Corpus Christi, TX FAA Airframe and Powerplant License Safety Program Management Certificate (Embry -Riddle) Numerous Mid and Senior Level USAF Leadership courses Active Top Secret/SCI Clearance (Expires Feb '19) PROFESSIONAL AFFILIATIONS ■ Member, Builder's Association of Corpus Christi ■ Member, Association for Talent Development (formerly ASTD) Metro DC Chapter ■ Member, Aircraft Maintenance Technology (AMT) Society ■ Member, Texas Aviation Association References and additional information provided upon request BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Jul 10, 2014 Status: submitted Profile Ne Email Addres Eugene F,rst Nam - C. Guemsey Middle Last Name Initial Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU, PLANNING COMMISSION Street Address Suite or Apt 1/11M -y lai= Postal Code District 4 What district do you live in', Please CLICK HERE for a map to verify your district assignment. Primary Phone All=mate Phone GENE GUERNSEY& ASSOCIATES INC. REALTORS PRESIDENT/BROKER Employer JET=;.• 446 ROBERT DR. WorkAddres - Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddres- Stale 78412 WorkAddress- Zip Code 361-993-8018 Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Education, Professional andlor Community Activity (Present) Registered Voter? pYes ONo Current resident of the city? p Yes Q No 52 if yes, flow many years, Upload a Resume Please upload any addilional siphoning documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity 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, 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.City Code of Ordinances, Section 2-61, 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. ® !Agree 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 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 are true and correct. El [Agree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION & VISITORS BUREAU. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ Hotel Industry ❑ Attraction Industry ❑ Restaurant Industry Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? • Yes No BIOGRAPHICAL_ INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Jul 08, 2014 Status: submitted Profile Pr -I x Frank F-r5t NAT,' Email Address Middle Initial Hastings Last Name Which Boards would you like to apply for? PLANNING COMMISSION Street Addre¢ Suite orApt City District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 111111111111111100 111111111.s Primary Phone Alternate Phone PLAIN'S CAPITAL BANK PRESIDENT Employer Job Title 9517 SOUTH PADRE ISLAND DR. WorkAddtess • Street Address and Suite Number CORPUS CHRISTI WorkAddress- City TX WorkAddress- State 78418 Stale Postal Code WorkAddress-Zip code 361-939-5602 Work Phone ,- Wolk E-mail address Work 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) BOARD MEMBER -DRISCOLL CHILDREN'S HOSPITAL FOUNDATION BOARD MEMBER - CORPUS CHRISTI HISPANIC CHAMBER OF COMMERCE BOARD MEMBER - FOOD BANK OF CORPUS CHRISTI BOARD MEMBER - RISE SCHOOL OF CORPUS CHRISTI BOARD MEMBER - PADRE LITTLE LEAGE Registered Voter? Q Yes 0 No Current resident of the city? *ii Yes O No 27 Pkaj upload any additional supporting documem=. Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic ohn;cny d•--+-c.er 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, 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.City Code of Ordinances, Section 2-61, 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. ® !Agree 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 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. ® [Agree Oath swear that all of the statements included in my application are true and correct. El I Agree Board -specific questions (if applicable) Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? • Yes p No BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Apr 27, 2015 Status: submitted Profile Gilbert "Gil" First Na. e Email Address Middle Inil al Hernandez Last Name Which Boards would you like to apply for? PLANNING COMMISSION Street Address Suite or Apt District 5 What distnct do you Irve in? A Stale Postal Code Please CLICK HERE for a map to verify your district assignment. Primary Phorie Alternate Phone Coca-Cola North America National Sales Manager Employer a L Title 5126 Greenwood Drive WorkAddress - Street Address and Suite Number Corpus Christi WorkAddress - City T7{ Work Address - State 78417 WorkAddress - zap Clck. (361) 693-4217 Work Phone Work E-mail address Home/Primary Address Preferred Ma I ng Add!' 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) BBA Texas Tech University US Naval Officer with Service in Asia and the Persian Gulf Regional TransportationAuthority Board (RTA) President, Coastal Bend Allstars Registered Voter? ® Yes 0 No Current resident of the city? •Yes 0 N 12 If yes. how many years? Gil_Hernandez_Biol.pdf Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. 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, 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.City Code of Ordinances, Section 2-61, 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. ® !Agree Consent for Release of Information 1 understand that if any member of the public makes a request for information included in this application for appointment 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. lAgree Oath I swear that all of the statements included in my application are true and correct. LEI I Agree Board -specific questions (if applicable) Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? • Yes Q No Lrt Gil Hernandez, National Sales Manager Gil Hernandez has 14 years of foodservice, leadership, and sales experience with The Coca-Cola Company. Joining our National Foodservice & On -Premise Division in 2000, Gil has successfully managed the beverage business in various channels, including Convenience Retail, Cinema, QSR, and FSR. Gil is a veteran of the US Navy where he served as a Commissioned Officer specializing in Surface and Amphibious Warfare. Gil held various shipboard divisional and departmental leadership positions in Asia and in the Persian Gulf. He earned the Navy Achievement Medal for performance during the deployment to the Persian Gulf. He also served as the Director of Mine Warfare (MW) Training, ATG Ingleside where he was the deployment certifying authority for all MW ships. Gil holds a Bachelor of Business Administration — Management and Marketing with a minor in Naval Science from Texas Tech University. Gil and his wife Anissa are both natives of Texas, where they currently reside. They have three sons, (Marcus 15 / Adan 13/ Ian 4) and one daughter (Carissa 8). Gil is also involved in his local community, recently serving as a member of the Board of Directors for the Corpus Christi Regional Transportation Authority — a governmental taxing entity providing public transportation to the City of Corpus Christi and surrounding communities. While a board member, Gil spearheaded the organization into converting from Diesel to Natural Gas as a primary fuel source which led to the saving of $1.5M a year in fuel expenses. In addition, Gil served as a member of a Coca-Cola delegation that lobbied the Texas State House of Representatives on multiple occasions against sugar beverage taxes. BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Feb 20, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Dante C Miller Prefix First Name Middle Last Name Suffix Initial Email Address Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION, BUILDING CODE BOARD OF APPEALS, BUILDING STANDARDS BOARD, COMMISSION ON CHILDREN & YOUTH, CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE, CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, HOUSING AUTHORITY, MAYOR'S FITNESS COUNCIL, NUECES COUNTY TAX APPRAISAL DISTRICT, PLANNING COMMISSION Street Address Suite orApt City District 5 What district do you live in? wisomme State Postal Code olisaimme Primary Phone Alternate Phone NRL Mortgage/Dream Home Builders/Dansing Branch MGR/ Builder/ Director Employer Job Title 5801 S Staples #E WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress- City Tx WorkAddress- State 78413 WorkAddress-Zip Code 3618515100 Work Phone dante.miller@nrlmortgage.com Work 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 in Banking, Finance, Accounting, Insurance and Real Estate Registered Voter? QQ Yes No Current resident of the city? QQ Yes QNo 20 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement • I Agree Consent for Release of Information ® I Agree Oath ® IAgree Board -specific questions (if applicable) Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? O Yes 0 No BIOGRAPHICAL INFORMATION FORM FORA CIN BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Jun 05, 2014 Status: submitted Profile Prefix Email Address Morgan Fry Name Spear Middle Last Name Initial ti��fl;b Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, PLANNING COMMISSION, PORT OF CORPUS CHRISTIAUTHORINOF NUECES COUNTY, TX 111111111.0111111111 Street Address Suite or Apt 1.111111 1.114 State Postal Code District 4 What dist c I do you Ilse in Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone MORGAN SPEAR ASSOCIATES PRESIDENT _ Employer Jab Title 225 S. CARANCAHUA WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress- State 78401 WorkAddress- Zip Code 361-883-5588 Work Phone Work E-mail address Work 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 andlor Community Activity (Present) FORMERLY SERVED ON THE BOARD OF ADJUSTMENT BACHELOR OF ARCHITECTURE DEGREE FROM UNIVERSITY OF TEXAS IN AUSTIN 1957 LICENSED TO PRACTICEARCHITECTURE IN THE STATE OF TEXAS JANUARY 1962 MEMBER OF NATIONAL COUNCIL OF ARCHITECTURE REGISTERED BOARDS 1984 MEMBER OF THE AMERICAN INSTITUTE OF ARCHITECTS MEMBER OF TEXAS SOCIETY OF ARCHITECTS BOARD MEMBER OF HOUSE COMMITTEE AT CORPUS CHRISTI COUNTRY CLUB BOARD MEMBER OF CENTENNIAL HERITAGE HOUSE BOARD MEMBER OF HARBOR PLAY HOUSE LITTLE THEATER CHAIRMAN OF THE BOARD OF PALMER DRUG ABUSE PROGRAM (PDAP) Registered Voter? • Yes 0 No Current resident of the city? QQ Yes 0 No 56 N yes how many years"' Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic E�Mtlicily G•_rcicr 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, states that alt 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.City Code of Ordinances, Section 2-61, 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. !Agree 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 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. ® !Agree Oath I swear that all of the statements included in my application are true and correct. IAgree Board -specific questions (if applicable) Question applies to PLANNING COMMISSIuN. Are you a registered voter of the City of Corpus Christi? • Yes O No BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Jul 22, 2014 Status: submitted Profile Fu°1=x Diana Firs Name Summers Middle Last Name SrrlTii Initial 411111111.11111111111...111.11111110 Email Address Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, PLANNING COMMISSION 111111111.11111111 Street Address Suite orApl city District 4 What disinct do you love in? Please CLICK HERE for a map to verify your district assignment. Pnmary Phone Alternate Phone HOGAN HOMES Employer 400 MANN ST. WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City WorkAddress- State ASSISTANT TO THE PRESIDENT Job Title Slate Postal Code 78401 WorkAddress - Zip Code 512-994-8786 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 andlor Community Activity (Present) SEE ATTACHED RESUME BACHELOR OF SCIENCE IN BUSINESS ADMINISTRATION, DOUBLE MAJORED IN FINANCE AND ACCOUNTING FROM UNIVERSITY OF SOUTH CAROLINA, 2009 MASTERS OF ACCOUNTING FROM COLLEGE OF CHARLESTON, 2010 PROFESSIONAL EXPERIENCE: PRICE WATERHOUSE COOPERS, LLC, DALLAS: AUDITASSOCLATE 2010-2011; DELOITTE AND TOUCHE, LLC, AUSTIN: AUDIT SENIOR ASSOCIATE 2011-2013; HOGAN HOMES, ASSISTANT TO THE PRESIDENT 2013 -PRESENT MEMBER OF CORPUS CHRISTI ROTARY CLUB Registered Voter? ®Yes ONo Current resident of the city? pp Yes ONo 2 II yes, how many years? BROWN.pdf Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for stadsticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. CaucasianlNon-Hispanic Ethnicity 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, 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.City Code of Ordinances, Section 2-61, 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. lAgree 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 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. ® !Agree Oath I swear that all of the statements included in my application are true and correct. ® !Agree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION. Are you a qualified elector* of the City? • Yes O No Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? o Yes Q 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 any court; and a resident of this State. Diana Brown Acknowledged for strong analytical and problem solving skills, as well as development of team and client relationships. Recognized for achieving an understanding of numerous different business operations and processes, identifying and quickly elevating potential engagement issues, task prioritizing, and multi -tasking abilities. Enjoys challenging engagements and new opportunities to further develop professional skills. Thrives in a team environment yet also works well independently. Committed to exceeding the needs and expectations of the engagement and client. PROFESSIONAL EXPERIENCE Price Waterhouse Coopers, LLC, Dallas Associate, 1010 - 2011 Audited a diverse portfolio of clients including manufacturing, health care, financial, chemical, and holding companies. Part of review team for the issuance of an initial client stock offering Performed 404 SOX Controls testing. Participated on an Advisory and consulting engagement for major financial institution Deloitte and Touche, LLC, Austin Senior Associate, 2011-- 2013 Managed and executed the audits of two companies in the manufacturing and construction fields. Participated on two company segment carve out audits. Performed 404 SOX controls design and operating effectiveness testing. Member of new client acquisition team EDUCATION University of South Carolina Bachelor of Science in Business Administration, 2009 Double Majored: Finance and Accounting Directed Studies: French College of Charleston Masters of ,f ccounhing,1010 Study Abroad: University of South Carolina, Maytnester Session, Kenya, Africa Studied business tactics and problem solving techniques within the economic and political structure of Kenya. Examined the local operations or The Coca Cola Company, Dockers, a subsidiary of Levi Strauss and Co., Kazuri Beads, Ltd. and KickStart, a non-profit dedicated to developing technologies for small-scale enterprises. Studied the importance of eco -tourism to the national economy. National Outdoor Leadership School, Broome, Australia Studied leadership skills and development, while facing extreme conditions of the Australian Outback. Also focused on technical outdoor skills and environmental ethics. OTHERJLEA DERSHIP ACTIVITIES Recipient of the USC Thomas Moore Craig Leadership Award (2008) Recipient of the Student Government Executive Officer Meritorious Award (2009) Student Senator representing Darla Moore School of Business (2007 - 2009) Chairman for Senate Finance committee (2009) Sorority Col President(2008 -2009) Omicron 1 'hi Kappa Honors Society President (2009) Mortar Bnard Honors Society Treasurer (2008) AGENDA MEMORANDUM Future Item for the City Council Meeting of February 23, 2016 Action Item for the City Council Meeting of March 8, 2016 DATE: February 2, 2016 TO: Ronald L. Olson, City Manager FROM: Dan McGinn, AICP CFM, Interim Director, Development Services DanielMc@cctexas.com (361) 826-3595 Approval of a Developer Participation Agreement to reimburse the developer for the City's cost to extend North Oso Parkway CAPTION: Resolution authorizing the City Manager or designee to execute a developer participation agreement with MPM Development, L.P., ("Developer"), to reimburse the Developer up to $208,946.10 for the City's share of the cost to extend North Oso Parkway, in accordance with the Unified Development Code. PURPOSE: MPM Development, L.P., will extend North Oso Parkway. The subdivision is located south along Holly Road, east of Ennis Joslin Road and south of Paul Jones Avenue. BACKGROUND AND FINDINGS: The developer, MPM Development, LP. is developing the final phase of a multi -phased single-family residential subdivision named Parkview Unit 4 Subdivision. The subdivision is located south along Holly Road, east of Ennis Joslin Road and south of Paul Jones Avenue. Parkview Unit 4 will contain 33 single-family residential lots. The Planning Commission approved the plat for Parkview Unit 4 on July 1, 2015. The participation agreement is for half -street construction along North Oso Parkway frontage and for the required extra thickness of the asphalt on North Oso Parkway. ALTERNATIVES: Denial of the Participation Agreement. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The developer will be extending and expanding North Oso Parkway for new subdivision as provided in the Unified Development Code and Urban Transportation Plan. EMERGENCY/NON-EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: Operating Revenue Capital o Not Applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $750,000.00 $1,500,000.00 $750,000.00 $3,000,000.00 Encumbered / Expended Amount 591,183.94 $ 795,708.95 $1,386,892.89 This item $208,946.10 $208,946.10 BALANCE $158,816.06 $495,344.95 $750,000.00 $1,409,884.77 Fund(s): Bond 2012 Comments: RECOMMENDATION: Staff recommends approval of the resolution. LIST OF SUPPORTING DOCUMENTS: Resolution with Agreement Maps RESOLUTION RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A DEVELOPER PARTICIPATION AGREEMENT WITH MPM DEVELOPMENT, L.P., ("DEVELOPER"), TO REIMBURSE THE DEVELOPER UP TO $208,946.10 FOR THE CITY'S SHARE OF THE COST TO EXTEND NORTH OSO PARKWAY, IN ACCORDANCE WITH THE UNIFIED DEVELOPMENT CODE. WHEREAS, the City has determined the agreement will carry out the purpose of the Unified Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a developer participation agreement ("Agreement"), attached hereto, with MPM Development, L.P. ("Developer"), for the CITY's portion of the cost of North Oso Parkway, including all related appurtenances, for development of Parkview Unit 4 Subdivision, Corpus Christi, Nueces County, Texas. This resolution takes effect upon City Council approval on this the day of , 2016. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Resolution- MPM Development LP -Parkview Unit 4 Participation Agreement Page 1 of 2 APPROVED: day of , 2016. Corpus Christi, Texas of , 2016 The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Resolution- MPM Development LP -Parkview Unit 4 Participation Agreement Page 2 of 2 PARTICIPATION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This PARTICIPATION AGREEMENT ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home -rule municipal corporation, acting by and through its City Manager, or his designee, and MPM Development, L.P., ("Developer"), a Texas Limited Partnership, acting by and through its general partner. WHEREAS, the Owner owns certain real property located in Corpus Christi, Nueces County, Texas, being 8.939 acre tract of land, more or less, a portion of Lots 2 and 3, Section 32, Flour Bluff and Encinal Farm and Garden Tracts (the "Property"), and the Owner desires to develop and plat the Property designated on Exhibit 1 of this Agreement, which exhibit is attached to and incorporated in this Agreement by reference, to be known as Parkview Unit 4 ("Plat"); WHEREAS, as a condition of the Plat, the Owner is required to expand, extend, and construct North Oso Parkway for a distance of approximately 562 feet to connect with the existing roadway on Holly Road as depicted on and in accordance with the improvement requirements (the "Roadway Extension") set forth in Exhibit 2, which exhibit is attached to and incorporated in this Agreement by reference; WHEREAS, it is in the best interests of the City to have the public street infrastructure installed by the Owner in conjunction with the Owner's final Plat; WHEREAS, Chapter 212 of the Local Government Code authorizes a municipality to make a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; and WHEREAS, this Agreement is made pursuant to the Local Government Code and Article 8, Section 8.4.1, of the Unified Development Code of the City of Corpus Christi. NOW, THEREFORE, in order to provide a coordinated public street construction and improvement project, the City and the Owner agree as follows: A. The parties agree that the language contained in the preamble of this Agreement is substantive in nature, is incorporated into this Agreement by reference, and has been relied on by both parties in entering into and executing this Agreement. B. Subject to the terms of this Agreement, Exhibit 1, and Exhibit 2, the Owner will construct the Roadway Extension for and on behalf of the City in accordance with the plans and specifications approved in advance of construction by the City Engineer on behalf of the City. The parties acknowledge and confirm the total cost estimate for construction of the Roadway Extension, which estimate is attached to and incorporated in this Agreement as Exhibit 3 (the "Cost Estimate"). Subject to the limitations set forth below, the Owner shall pay a portion of the costs of construction of the Roadway Extension. Further, subject to the limitations set forth below, the City shall pay the remaining portion of the costs of construction of the Roadway Extension, designated as the total amount reimbursable by the City on the Cost Estimate. C. Notwithstanding any other provision of this Agreement, the total amount that the City shall pay for the City's agreed share of the actual costs of the Roadway Extension shall not exceed $208,946.10. D. The City shall reimburse the Owner a pro rata portion of the City's agreed costs of the Roadway Extension monthly, based on the percentage of construction completed Tess the Owner's pro rata portion and contingent upon submission to the City of an invoice for the work performed. The invoices must be paid by the City no later than thirty (30) days following receipt of each monthly invoice. Such reimbursement will be made payable to the Owner at the address shown in section N of this Agreement. E. In accordance with the Texas Local Government Code, the Owner shall execute a performance bond for the construction of the Roadway Extension to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253 of the Texas Government Code. F. The Owner shall submit all required performance bonds and proof of required insurance coverage in accordance with applicable State and local laws as detailed in Exhibit 4. G. Owner shall submit standard construction contract documents to the Executive Director of Public Works for review and approval in advance of beginning any construction of the Roadway Extension. H. Throughout construction, the City shall conduct periodic inspections and either approve the progress of the Roadway Extension or promptly notify the Owner of any defect, deficiency, or other non -approved condition in the progress of the Roadway Extension. I. The Owner shall fully warranty the workmanship and construction of the Roadway Extension for a period of two years from and after the date of acceptance of the improve- ments by the Executive Director of Public Works. J. OWNER COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM INDEMNITEES ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY MPM Development LP -Parkview Unit 4 vFinal Page 2 of 7 Standard Form Participation Agreement Version 1.01.20.16 INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PLATTING AND CONSTRUCTION OF THE ROADWAY EXTENSION OF PARKVIEW UNIT 4 SUBDIVISION DURING THE PERIOD OF CONSTRUCTION, INCLUDING THE INJURY, LOSS, OR DAMAGE CAUSED BY THE CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SURVIVES TERMINATION OF THIS AGREEMENT. K. DEFAULT. The following events shall constitute default: 1. Owner fails to submit plans and specifications for the Roadway Extension to the Executive Director of Public Works in advance of construction. 2. Owner does not reasonably pursue construction of the Roadway Extension under the approved plans and specifications. 3. Owner fails to complete construction of the Roadway Extension, under the approved plans and specifications, on or before the expiration of 24 calendar months measured from the date this document is executed by the City. 4. Either the City or the Owner otherwise fails to comply with its duties or obligations under this Agreement. L. NOTICE AND CURE. 1. In the event of a default by either party under this Agreement, the non -defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. MPM Development LP -Parkview Unit 4 vFinal Page 3 of 7 Standard Form Participation Agreement Version 1.0 1.20.16 2. After delivery of the default notice, the defaulting party has 15 days from the delivery of the default notice ("Cure Period") to cure the default. 3. In the event the default is not cured by the defaulting party within the Cure Period, then the non -defaulting party may pursue its remedies in this section. 4. Should the Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Owner, at the address stated in section N, of the need to perform the obligation or duty and, should the Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Owner. 5. In the event of an uncured default by the Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: a. Terminate this Agreement after the required notice and opportunity to cure the default; b. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or c. Perform any obligation or duty of the Owner under this Agreement and charge the cost of such performance to the Owner. The Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Owner receives notice of the cost of performance. In the event the Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. 6. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Owner has all its remedies at law or in equity for such default. M. FORCE MAJEURE. 1. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of a public enemy; insur- rections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. 2. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within 10 days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer MPM Development LP -Parkview Unit 4 vFinal Page 4 of 7 Standard Form Participation Agreement Version 1.0 1.20.16 N. period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. NOTICES. 1. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: If to the City: City of Corpus Christi Attn: Director, Development Services 2406 Leopard Street 178401 P.O. Box 9277/78469-9277 Corpus Christi, Texas with a copy to: If to the Owner: MPM Development, LP. Attn: Mossa Moses Mostaghasi, General Partner 426 S. Staples Corpus Christi, Texas 78401 City of Corpus Christi Attn: Asst. City Manager, Business Support Services 1201 Leopard Street 178401 P. O. Box 9277178469-9277 Corpus Christi, Texas 2. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. 3. Either party may change the address for notices by giving notice of the change, in accordance with the provisions of this section, within five business days of the change. O. Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Roadway Extension, contracts for testing services, and contracts with the contractor for the construction of the Roadway Extension must provide that the City is a third party beneficiary of each contract. P. In compliance with City of Corpus Christi Ordinance No. 17112, the Owner agrees to complete the Disclosure of Interests form attached to this Agreement and incorporated by reference as Exhibit 5. Q. This Agreement becomes effective, is binding upon, and inures to the benefit of the City and the Owner from and after the date of the last signatory to this Agreement. This Agreement expires 24 calendar months from the date this document is executed by the City, unless terminated earlier in accordance with the provisions of this Agreement. Such expiration date of this Agreement is presently anticipated, but not currently known, to be March 8, 2018. (EXECUTION PAGES FOLLOWS) MPM Development LP -Parkview Unit 4 vFinal Page 5 of 7 Standard Form Participation Agreement Version 1.0 1.20.16 EXECUTED in one original this day of , 2016. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Dan McGinn City Secretary Development Services Director THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Rebecca Huerta, City Secretary, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2016. Notary Public, State Of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Ronald Olson, City Manager, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2016. Notary Public, State Of Texas APPROVED AS TO FORM: This :! ` ` day of rant, Senior Assistant City Ateney For the City Attorney , 2016. MPM Development LP -Parkview Unit 4 vFinal Page 6 of 7 Standard Form Participation Agreement Version 1.0 1.20.16 OWNER: MPM Development, L.P. MossarMoses Mostaghasi Date General Partner STATE OF TEXAS COUNTY OF NUECES 2 9-/4 This instrument was acknowledged before me on , ,)..r.'I`r , 2016, by Mossa Moses Mostaghasi, General Partner, MPM Development, L.P., a Limited Partnership, on behalf of said partnership. JEANNIE HOLLAND Notary Public, State of Texas Comm. Expires 12-23-2017 Notary ID 729545 „17,4,:--; 4 1, C:dati,/,/ ary Public's Signature MPM Development LP -Parkview Unit 4 vFinal Page 7 of 7 Standard Form Participation Agreement Version 1.0 1.20.16 v Irk w Ilio iia s di wg b c 55!]ii 1 - - &lax illpOPReigii i idliv ; ri b fi a = 8.Iis 1 010 Ihg ' VC lid --ill WI 111 ;I i Itql 6 1 1111 fq -grta dPo ; g l000l !root! iNgj1 f11 2.11..h 0 U N 4- 0 ca 0 —__ ___ - HOLLY RD. (p0' ROW)\ vs, ---tea—� Ii13 Flo 1a1, V. 11z r. 11+. ae 01211011_3+ tnr a�le1 u �1110t3 d 1. 10 MET 00C1111011 1Thqsa ss 561'21'56"E 41229' • • r II 1 r +eft 31'311113r (1:043.1 --- _ •-sersaectoz 121 000 0010123 � -r- !!! Ty writlit- i' h qh a h 1 F- n0 -� 1- t IT .-w it D.% J71/_ — .010 11.111.122011 'WO *DM 53L18170 .11Tr 1.11EN— — -...� ---1 ,11'11[ ;11.Ii.Nt a II O N w N M 10 N N28'38'42"E sib dl I ri sem jai —.Ear —Trif —11 — 1 — ho, vi 1 0 it 1 ROL _� m ` El Sita— • M ;a hi M{+71'1rw 111,10' I I" L 111 L k Teri lt.gt/1461 Aro h5- h k el 1. Ig 1:--- - \L_at — _lez.__ It- It Sfi//o 11.16 UAW / /� _1 ,BS'£O t M.9L,lZ.l9N vGO — dl N 01 M 1Q to aaLova _� 1_0 11,1 'tl0 >,efrd D3212 \ l 1 11 ®/ I .1111.1 3.11110.02- / 11 t • ---I .,,„ . k ,, ,� 1 1 1 Y . V -Lk 0 g li I -L2'.-- --. .0- 0'S81. 1V`,91. tZ.l9N! ------ii .00'OLL M.,2LLZ.l9N .00'81 3.Z4,8£.9ZN 711 0110 'OO 'L!M 91 010 Y S 2 tarat maw ragas wr wows 200323 012 001 'L[ sm 10114 20 11 .00 31 aIst 414 I� s 4®i s t 0 L_s* ®eLlei r r Ell A Win Lti Ch pi.8 03,4Oi � a _ } � O:_li pSL.ssb Oise OS 11 11 I, 11 o I I 11 I I 11 I1 ii ry`P• ~a' cr 44:• 'O3 ghy-tv etc. c4 c5-4+ Gr- 40. c .Q. O* ' - 0 30' 60' 1 120' SCALES 1'= 60' EXHIBIT SHOWING NORTH OSO PARKWAY IMPROVEMENTS AT PARK 1.x60. Exhibit 2 BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, RLE EXB-STR, JOB NO. 15021 SCALE 1' - 60° PLOT SCALE SAME, PLOT DATE: 8/18/15, SHEET 1 OF 1 NIXON M. WELSH, P.E., R.P.LS. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466.6397 PARKVIEW UNIT 4 OVERALL CONSTRUCTION ESTIMATE CORPUS CHRISTI, NUECES COUNTY, TX 08/05/15 3054 S. Alameda St. 361 882-5521- FAX 361 882-1265 NORTH OSO PARKWAY IMPROVEMENTS AT PARK (EAST OF CL OF STREET) REIMBURSEABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1. 4" HMAC 1256 SY 34.00 42,704.00 2. 4" THICK CONCRETE WALK 4476 SF 3.75 16,785.00 3. 6" CURB & GUTTER 560 SY 14.00 7,840.00 4. 11" CRUSHED LIMESTONE BASE TO 2'BC 1505 SY 24.00 36,120.00 5. 8" LIME STABILIZED SUBGRADE TO 2'BC 1505 SY 8.00 12,040.00 6. EXCAVATION 1 LS 18,000.00 18,000.00 7. CLEARING AND GRUBBING 1 LS 4,000.00 4,000.00 TOTAL STREET & SURFACE ITEMS AT PARK $137,489.00 STREET & SURFACE ITEMS WEST OF CL OF NORTH OSO PARKWAY QUANTITY UNIT UNIT PRICE AMOUNT 1. 6" CURB & GUTTER 3066 LF 14.00 42,924.00 2. 4" THICK RIC WALK 12183 SF 3.75 45,686.25 3. 1 1/2" HMAC 950 SY 13.25 12,587.50 4. 2" HMAC 3729 SY 17.50 65257.50 5. 4" HMAC 1286 SY 34.00 43.724.00 6. 11" CRUSHED LIMESTONE BASE TO 2'BC 1548 SY 24.00 37,152.00 7. 8" LIME STABILIZED SUBGRADE TO 2'BC 6378 SY 8.00 51,024.00 8. 6" CRUSHED LIMESTONE BASE 950 SY 13.25 12,587.50 9. STREET SIGN 4 EA 350.00 1,400.00 10. EXCAVATION 1 LS 51,000.00 51,000.00 11 CLEARING & GRUBBING 1 LS 14,000.00 14,000.00 TOTAL STREET & SURFACE ITEMS $377,342.75 STORM SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 15" RCP 109 LF 32.00 3,488.00 2. 18" RCP 175 LF 36.00 6,300.00 3. 21" RCP 332 LF 44.00 14,608.00 4. 27" RCP 158 LF 50.00 7,900.00 5. 36" RCP 117 LF 54.00 6,318.00 6. 5' INLET 8 EA 3,500.00 28,000.00 7. RIC END -OF -PIPE STRUCTURE AT DITCH 1 EA 2,500.00 2,500.00 8. SWALE EXCAVATION 1 LS 22,000.00 22,000.00 TOTAL STORM SEWER ITEMS $91,114.00 SANITARY SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 10" PVC PIPE 822 LF 58.00 47,676.00 2. 8" PVC PIPE 1391 LF 48.00 66,768.00 3. FIBERGLASS MANHOLE 8 EA 3,900.00 31,200.00 4. 4" OR 6" PVC PIPE SERVICE 33 LF 480.00 15,840.00 TOTAL SANITARY SEWER ITEMS $161,484.00 GRID MAIN WATER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1 112" PVC PIPE 994 LF 60.00 59,640.00 Exhibit 3 Page 1 of 3 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW©aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 3054 S. Alameda St. 361 882-5521- FAX 361 882-1265 2. 30" TAPPING SLEEVE W/12" TAPPING GATE VALVE W/BOX 1 EA..5,500.00 AMOUNT 5,500.00 3. 12" CAP TAPPED FOR 2" 2 EA 700.00 1,400.00 4. 12" TEE 5 EA 850.00 4,250.00 5. 12" GATE VALVE W/BOX 2 EA 3,200.00 6,400.00 6. FIRE HYDRANT ASSEMBLY 2 EA 3,600.00 7,200.00 7. 6" GATE VALVE W/BOX 2 EA 975.00 1,950.00 8. 6" 90' EL 6 EA 300.00 1,800.00 9. 6" DIAMETER X 30" PVC PIPE NIPPLE 6 EA 250.00 1,500.00 10. PAVEMENT PATCHING 1 LS 4,500.00 4,500.00 TOTAL GRID MAIN WATER ITEMS $94,140.00 WATER ITEMS - NON GRID MAIN QUANTITY UNIT UNIT PRICE AMOUNT 1. 8" PVC PIPE 350 LF 36.00 12,600.00 2. EL 1 EA 275.00 275.00 _8" 3. 8" CAP TAPPED FOR 2" 1 EA 200.00 200.00 4. 6" PVC PIPE 1324 LF 32.00 42,368.00 5. 6" CAP TAPPED FOR 2" 3 EA 150.00 450.00 6. 6" GATE VALVE W/BOX 6 EA 975.00 5,850.00 7. 6" 90• EL 2 EA 200.00_ 400.00 8. FIRE HYDRANT ASSEMBLY 1 EA 3,600.00 3,600.00 9. 2" PE PIPE 696 LF 20.00 13,920.00 10. 2" VALVE 3 EA 525.00 1,575.00 9. WATER SERVICE, DOUBLE 15 EA 600.00 9,000.00 10. WATER SERVICE, SINGLE 4 EA 500.00 2,000.00 TOTAL NON GRID MAIN WATER ITEMS $92,238.00 MISCELLANEOUS ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. TRAFFIC CONTROL & BARRICADING PLAN & PERMITTING (TRAFFIC CONTROL DURING CONSTRUCTION) 1 LS 1,000.00 1,000.00 2. TRENCH SAFETY FOR EXCAVATIONS (SANITARY SEWER & STORM SEWER PIPES OF ALL SIZES) 3929 LF 2.00 7,858.00 3. 4" PVC CONDUITS FOR AEP 200 LF 16.00 3,200.00 4. STORM WATER POLLUTION PREVENTION 1 LS 3,500.00 3,500.00 TOTAL MISCELLANEOUS ITEMS TOTAL CONSTRUCTION $15,558.00 $969,365.75 Exhibit 3 Page 2 of 3 NIXON M. WELSH, P.E., R.P.L.S. Email: NIxMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 PARKVIEW UNIT 4 CITY REIMBURSEMENT ESTIMATE CORPUS CHRISTI, NUECES COUNTY, TX 08/05/15 3054 S. Alameda St. 361 882-5521-- FAX 361 882-1265 NORTH OSO PARKWAY IMPROVEMENTS AT PARK (EAST OF CL OF STREET) REIMBURSEABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1. 4" HMAC 1256 SY 34.00 42,704.00 2. 4" THICK CONCRETE WALK 4476 SF 3.75 16,785.00 3. 6" CURB & GUTTER 560 SY 14.00 7,840.00 4. _ 11" CRUSHED LIMESTONE BASE TO 2'BC 1505 SY 24.00 36,120.00 5. 8" LIME STABILIZED SUBGRADE TO 2'BC 1505 SY 8.00 12,040.00 6. EXCAVATION 1 LS 16,000.00, 18,000.00 7. ,CLEARING AND GRUBBING 1 LS 4,000.001 4,000.00 TOTAL STREET & SURFACE ITEMS AT PARK $137,489.00 NORTH OSO PARKWAY OVERDEPTH AND OVERWIDTH (28'BB TO 40'BB) IN PORTION OF STREET WEST OF STREET CL, REIMBURSEABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1. 4" HMAC (OVERWIDTH) 433 _ SY _ 34.00 14,722.00 2. 2" HMAC (OVERDEPTH) 853 SY 17.00 14,501.00 3. 11" CRUSHED LIMESTONE BASE (OVERWIDTH) 433 SY 24.00 10,392.00 4. 5" CRUSHED LIMESTONE BASE (OVERDEPTH) 853 SY 11.00 9,383.00 5. 8" LIME STABILIZED SUBGRADE (OVERWIDTH) 433 SY 8.00 3,464.00 TOTAL STREET & SURFACE ITEMS (OVERDEPTH & OVERWIDTH) SUBTOTAL 10% ENGINEERING, SURVEYING & TESTING TOTAL $52,462.00 $189,951.00 818.995.10, 8208,946.10 Exhibit 3 Page 3 of 3 INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence / aggregate COMMERCIAL GENERAL LIABILITY 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (for paid employees) EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph II Of This Exhibit. $500,000 / $500,000 / $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Exhibit 4 Page 1 of 3 II. ADDITIONAL REOUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All States endorsement shall be included for Companies not domiciled in Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of 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 Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax # 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, or comparable policy language, as respects to operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City. • 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. 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. Exhibit 4 Page 2 of 3 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 and completed operations and activities 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. Exhibit 4 Page 3 of 3 diCity of Corpus A Christi ..•.01%r DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Services P.O. Box 9277 Corpus Chrsti, Texas 78469-9277 (361)826-3240 Located at 2406 Leopard Smit (Comer of Leopard St and Pori Ave.) 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: MPM Development. LP STREET: PC? Rnx 3111nR CITY: Corpus Christi ZIP: 78463 FIRM is: ❑ Corporation iilfPartnership ❑ Sole Owner 0 Association 0 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 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 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 N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an 'ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A 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. Certifying Person: Moses Mostaghasi Title: Director (Print) Signature of Certifying Person: 7,1d('d Date: 1 -4-16 K.4 DEVELOPMENTSVCSSHARED'LAND DEVELOPMENTORDINANCE ADMINI.STRATIOMAPPLICATION FORMS\FORMS AS PER LEGAL520121DISCLOSURE OF INTERESTS STATEMENTIIT 12.DOC Exhibit 5 Page 1 of 2 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. "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. c. "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. d. "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. e. "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 holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "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. k.1DEVELOPMENTSVCSLSRAREDWIND DEVELOPMENTIORDINANCE ADMINISTRATIONIAPPLICATION FORMSFORMS AS PER LEGAL120I21DISCLOSURE OF INTERESTS STATEMENT1.2T 12.DOC Exhibit 5 Page 2 of 2 CERTIFICATE OF INTEREST Et 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 it there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-9176 Date Filed: Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. MPM Deveiepment, LP Corpus Christi, TX United States 2 Na.me of governmental entity or state agency that as a parry to the contract for which the form is `02/04(2016 being filed. City of Corpus Christi Development Services g Provide the ident facatian 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. Parkview Unit 4. Street Participation Agreement 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. 6 AFFIDAVIT 3 swear, or affirm, under penalty of perjury, that the above disclosure is true and correct., CINDY BtJE 4O ;; 4 ID *1178.558-3 Notary Put)hc a STATE OF TEXAS mrn, Exp. 1..04-2019 A i IX NOTARY STA M f SEAL ABOVE Sworn to and subscribed before me, by the said; � Signature of authorized argent of contract.ing this the business entity " day cat 20 , to certify which, witness my hand and seal of office, . 1110 #0 eiN Signature o'officer administering oath Printed name of officer administering oath Title of officer administering oath Farms or vi d by Texas Ftbies Cnrnmissinn wv w ethic's *tato tx r i 11n.,c,i„ 1r'i n .)nrxn n Vicinity Map VICINITY MAP PARKVIEW 4 A Aerial Overview AERIAL OVERVIEW PARKVIEW 4 t N Aerial AERIAL MAP PARKVIEW 4 3 AGENDA MEMORANDUM Future Item for the City Council Meeting of February 23, 2016 Action Item for the City Council Meeting of March 8, 2016 DATE: TO: February 1, 2016 Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health AnnetteR@cctexas.com 361-826-7203 Vital Records Agreement with DSHS so that the Health District Can Access the Texas Electronic Registration Remote System for the period 9/1/2015 through 8/31/2017. CAPTION: Motion authorizing the City Manager or his designee to execute a contract with the Department of State Health Services (DSHS) for the period 9/1/2015 through 8/31/2017 to provide the Corpus Christi-Nueces County Public Health District (CCNCPHD) access to the Texas Electronic Registration Remote System (TER Remote System) for the purpose of issuing individual birth certificates, and pay DSHS a fee of $1.83 for each Certification of Vital Record printed as a result of searches of the database; and ratifying acceptance of the contract to begin September 1, 2015. PURPOSE: The contract with DSHS allows the CCNCPHD access to the Texas Electronic Registration Remote System (TER Remote System) for the purpose of issuing individual certified birth certificates to customers requesting them from the Vital Records Office of the CCNCPHD who were born outside the City of Corpus Christi. BACKGROUND AND FINDINGS: The Vital Records Office of the CCNCPHD issued 18,357 birth certificates, 1,322 death certificates, 2,763 duplicate death certificates, and 7,434 plastic covers in FY 2015. This contract with DSHS formalizes an agreement to provide the CCNCPHD access to the State database to obtain and print a copy of a birth certificate short form for a fee of $1.83 per copy for a person requesting one who was not born in the City of Corpus Christi but elsewhere in the State of Texas. The fee of $1.83 is deducted from the $23.00 birth certificate issuance fee, and is paid to DSHS. In FY 2015 the Vital Records Office made over 1,994 copies from the DSHS database. A fee of $1.80 is also deducted from each fee of $23.00 collected for issuing the 16,363 birth certificates to persons born in the City of Corpus, and are remitted to the State Comptroller to cover State administrative costs. The current fee for a birth certificate is $23.00; death certificate, $21.00; duplicate death certificate, $4.00; and plastic cover, $2.00. These fees are set by the DSHS Program Vital Statistics Unit. From each death and birth certificate fee sale, DSHS requires the CCNCPHD to reserve $1.00 in order to build and maintain an electronic record retention database to archive and preserve the historical patrimony of birth and death records of those who were born and died in the City of Corpus Christi. DSHS also requires all other Vital Records Offices statewide to do the same for their own records. ALTERNATIVES: Discontinue the public service of providing certified copies of birth certificates by the Vital Statistic Office of the Corpus Christi-Nueces County Public Health District for persons requesting them who were born outside of the City of Corpus Christi OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: Council action required to approve execution of agreement. EMERGENCY / NON -EMERGENCY: Non -Emergency. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Revenue Line Item Budget $23.00 18,357 $422,211.00 Death Certificates* $21.00 Encumbered / Expended Amount $27,762.00 Death Certificates Copies $4.00 2,763 $11,052.00 This item $2.00 7,434 $14,868.00 Sub -Total: BALANCE $475,893.00 Fund: FY15 Vitals Records Total Revenue October 1, 2014 to September 30, 2015 Category Fee Counts Revenue Birth Certificates* $23.00 18,357 $422,211.00 Death Certificates* $21.00 1,322 $27,762.00 Death Certificates Copies $4.00 2,763 $11,052.00 Plastic Sleeves $2.00 7,434 $14,868.00 Sub -Total: 29,876 $475,893.00 Category Fee Counts Revenue Due to State Remote (Per Remote Birth Certificate) $1.83 1,994 ($3,649.02) Due to State Comptroller (Per Manual & EZNET Birth Certificate) $1.80 16,363 ($29,453.40) Sub -Total Due to State & Comptroller: 18,357 ($33,102.42) Total: $442,790.58 Retention Fee * $1.00 19,679 $19,679.00 *DSHS requires $1 of each fee collected to issue a birth certificate & death certificate (does not include copies or plastic sleeves) is reserved to build and maintain an electronic record retention database to archive and preserve the historical patrimony of birth and death records of those who were born and died in the City of Corpus Christi. Comments: The Vital Records Office receives revenue for issuing birth certificates to individuals requesting them who have been born outside of the City of Corpus Christi, and a fee of $1.83 is deducted from each $23.00 fee collected to pay DSHS for the TER System service. The collected DSHS fees are deposited directly into a liability account for payment to the DSHS. RECOMMENDATION: Staff recommends approval of this motion. LIST OF SUPPORTING DOCUMENTS: Contract No. 537-16-0118-00001 Contract Number: 537-16-0118-00001 DEPARTMENT OF STATE HEALTH SERVICES Contract number 537-16-0118-00001 (Contract), is entered into by Department of State Health Services (DSHS) Vital Statistics Unit and City of Corpus Christi (Contractor). DSHS and Contractor are collectively referred to herein as the "Parties." I. Purpose of the Contract. DSHS agrees to provide access to the Texas Electronic Registration Remote System (TER Remote System) for the purpose of issuing individual birth certificates. II. Term of the Contract. This Contract will begin on September 1, 2015 and end on August 31, 2017. III. Authority. The Parties enter into this Contract under the authority of Texas Government Code Chapter 791. IV. Statement of Work. A. DSHS agrees to provide on-line computer services in support of Contractor from 7:00 a.m. to 6:00 p.m. (CST) Monday thru Friday, except holidays. In the event of an emergency or computer application error, DSHS may temporarily suspend services without advance notice. B. Contractor will search DSHS databases, locate data, and issue Certifications of Vital Records to authorized individuals requesting such data. The certifications will be in a format formally approved by DSHS. No limit will be established on the number of searches per month not resulting in issuance of a certification, provided the number is reasonable. C. Contractor will acquire the necessary data processing equipment, communications, hardware or software, and purchase "bank note" paper, as specified by DSHS. DSHS will assist in connection of the equipment, furnish software program and provide technical assistance, if necessary. D. Contractor acknowledges that records may not be located in the searching process instituted by Contractor or records, which are located, may have errors due to: 1. Normal key -entry errors in spellings; 2. Accidental failure on the part of the DSHS to update a file for an amendment or paternity determination; and 3. The event year does not exist on the system. VSU Remote Birth Access Page 1 Contract Number: 537-16-0118-00001 E. Contractor will notify DSHS in writing, at least monthly of errors or suspected errors that exist on the data base information. F. Contractor is to maintain an inventory control and account for each document produced on "bank note" paper, including voided documents. G. Contractor is responsible for maintaining a system of vital record keeping that is in accordance with Health and Safety Code Chapter 195 and the regulations adopted. H. The Parties are required to comply with all applicable state and federal laws relating to the privacy and confidentiality of this data and records, which includes Texas Government Code Section 552.0038. 1. The Parties will maintain sufficient safeguards to prevent release or disclosure of any such records or information obtained under this Contract to anyone other than individuals who are authorized by law to receive such records or information and who will protect the records or information from re -disclosure as required by law. J. The Parties will use confidential records and information obtained under this Contract only for purposes as described in this Contract and as otherwise allowed by law. V. Fees. Contractor agrees to pay DSHS $1.83 for each Certification of Vital Record printed as a result of searches of the database. Contractor agrees to charge the same base search fee for a birth certificate as DSHS. Additional fees may only be charged as authorized by Texas Health and Safety Code 191. VL Billing. A. DSHS will send an itemized billing to Contractor on a monthly basis for each certification of Vital Record printed. This billing will be sent through the U.S. Postal Service to the Contractor at: Name: City of Corpus Christi Address: Attn: Vital Records, Tere Escalante P.O. Box 9727 Corpus Christi, TX 78469 B. Contractor will direct any billing inquiries either by phone to 512-776-7206 or email to vsubusinessservices@dshs.state.tx.us. VH. Payment Method. A. Contractor will remit payment to DSHS within thirty days after a billing is received by them. Payment by the Contractor will be considered made on the date postmarked. VSU Remote Birth Access Page 2 Contract Number: 537-16-0118-00001 B. Contractor will send payments to DSHS at: Texas Department of State Health Services Cash Receipts Branch MC 2096 P.O. Box 149347 Austin, TX 78714-9347 C. Contractor will make payment to DSHS out of its current revenues. VIII. Representatives. The following will act as the Representative authorized to administer activities under this Contract on behalf of their respective Party. City of Corpus Christi DSHS Annette Rodriguez Texas Department of State Health City of Corpus Christi Services Attn: Vital Records, Tere Escalante Contract Oversight and Support P.O. Box 9727 _ Attn: Princess Lindsay . Corpus Christi, TX 78469 Mail Code 1326 P.O. Box 149347 Phone: 361-826-7203 Austin, TX 78714-9347 Email: annetter@cctexas.com Phone: 512-776-3713 Email: Princess.Lindsay@dshs.state.tx.us IX. General Terms and Conditions. A. Governing Law. Regarding all issues related to this Contract's formation, performance, interpretation, and any issues that may arise in any dispute between the Parties, the Contract will be governed by and construed in accordance with the laws of the State of Texas. B. Amendment. This Contract may be modified by written amendment signed by the Parties. C. Confidentiality. 1. The Parties are required to comply with all applicable state and federal laws relating to the privacy and confidentiality of patient and client records that contain Protected Health Information (PHI) or other information or records made confidential by law, which includes, but is not limited to the Data Use Agreement that will be executed by the Contractor by January 16, 2016. 2. Contractor will maintain sufficient safeguards to prevent release or disclosure of any such records or information obtained under this Contract to anyone other than VSU Remote Birth Access Page 3 Contract Number: 537-16-0118-00001 individuals who are authorized by law to receive such records or information and who will protect the records or information from re -disclosure as required by law. 3. Contractor will use confidential records and information obtained under this Contract only for purposes as described in this Contract and as otherwise allowed by law. 4. Notwithstanding any provision relating to confidentiality, the confidential information held by DSHS may be disclosed to a third party pursuant to the Texas Public Information Act (Texas Government Code Chapter 552), any open records decision or ruling by the Attorney General that such information constitutes public information or as otherwise provided by law. D. Exchange of Client -Identifying Information. If this Contract concerns client-. identifying information, except as prohibited by other law, Contractor and DSHS may exchange PHI without the consent of clients in accordance with 45 Code of Federal Regulation § 164.504(e)(3)(i)(B), Texas Health and Safety Code § 533.009 and other applicable law or rules. E. Records Retention. DSHS will retain records in accordance with DSHS State of Texas Records Retention Schedule at http://www.dshs.state.tx.us/records/schedules.shtm, Department Rules and other applicable state and federal statutes and regulations governing medical, mental health, and substance abuse information. F. Severability. If any provision of this Contract is construed to be illegal or invalid, the illegal or invalid provision will be deemed stricken and deleted to the same extent and effect as if never incorporated, but all other provisions will continue. G. Notice. Any notice required or permitted to be given under this Contract will be in writing and sent to the respective Party's Representative in Section VIII. Notice will be deemed to have been received by a Party on the third business day after the date on which it was mailed to the Party at the address specified in writing by the Party to the other Party, or, if sent by certified mail, on the date of receipt. H. Waiver. Acceptance by either Party of partial performance or failure to complain of any action, non -action or default under this Contract will not constitute a waiver of either Party's rights under the Contract. I. Assignment. Neither DSHS nor Contractor will not transfer, assign, or sell its interest, in whole or in part, in this Contract without prior written consent by both Parties. J. Suspension of Services Under This Contract. In the event of an emergency or information technology system failure, DSHS may temporarily suspend services without advance notice. VSU Remote Birth Access Page 4 Contract Number: 537-16-0118-00001 K. Termination. 1. Convenience. This Contract may be terminated by mutual agreement of both Parties. Either Party may terminate this Contract without cause by giving 30 days written notice of its intent to terminate to the non -terminating Party. 2. Cause. This Contract may be terminated for cause by either Party for breach or failure to perform an essential requirement of the Contract. 3. Notice of Termination. Written notice may be sent by any method that provides verification of receipt, which will be calculated from the date of receipt by the non - terminating Party's Representative provided in Section VIII. 4. Transition after Termination. At the end of the Term of this Contract or termination as provided for in this Section, the Parties will equitably settle their respective accrued interests or obligations incurred prior to termination. By signing below, the Parties agree that this Contract constitutes the entire legal and binding agreement between them. The Parties acknowledge that they have read the Contract and agree to its terms, and that the persons whose signatures appear below have the authority to execute this Contract on behalf of their respective Party. DEPARTMENT OF STATE HEALTH CITY OF CORPUS CHRISTI SERVICES Ed House Chief Operating Officer Department of State Health Services Ronald Olson City Manager City of Corpus Christi Date Date VSU Remote Birth Access Page 5 AGENDA MEMORANDUM Future Item for the City Council Meeting of February 23, 2016 Action Item for the City Council Meeting of March 8, 2016 DATE: TO: February 1, 2016 Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health AnnetteR@cctexas.com 361-826-7203 A Data Usage Agreement (DUA) and its Attachment A with the Texas Health and Human Services Enterprise agencies to facilitate creation, receipt, maintenance, use, disclosure or access to Confidential Information with the CCNCPHD for the period effective the date of signature until terminated by either party. CAPTION: Resolution authorizing the Director of the Corpus Christi Nueces County Public Health District (CCNCPHD), to sign on behalf of the City of Corpus Christi for the CCNCPHD, a Data Use Agreement and its Attachment A with the Texas Health and Human Services Enterprise agencies to facilitate creation, receipt, maintenance, use, disclosure or access to confidential information with the CCNCPHD and describe the CCNCPHD's rights and obligations with respect to the confidential information pursuant to 45 CFR 164.504(e)(1)-(3), for the contract period beginning on the date of execution and ending upon termination of the base contracts listed in Attachment A. PURPOSE: The purpose of this DUA is to facilitate creation, receipt, maintenance, use, disclosure or access to Confidential Information with Texas Health and Human Services Enterprise. BACKGROUND AND FINDINGS: A Data Use Agreement (DUA) is a legal binding agreement between the Texas Department of Health and Human Services (TXHHS) and an external entity (e.g., contractor, private industry, academic institution, other Federal government agency, or state agency), when an external entity requests the use of personal identifiable data that is covered by a legal authority, such as the Privacy Act of 1974, Economy Act, Government -wide User Charge Authority, Intergovernmental Cooperation Act, "Special Studies" statute, Joint Project Authority, and the Clinger Cohen Act. The agreement delineates the confidentiality requirements of the relevant legal authority, security safeguards, and the TXHHS' data use policies and procedures. The DUA serves as both a means of informing data users of these requirements and a means of obtaining their agreement to abide by these requirements. Additionally, the DUA serves as a control mechanism for tracking the location(s) of the TXHHS' data and the reason for the release of the data. A DUA requires that a System of Records (SOR) be in effect, which allows for the disclosure of the data being used. ALTERNATIVES: Not to sign the agreement causing the CCNCPHD not to be able to exchange and share confidential information with TXHHS regarding grant programs and grant deliverable outcomes for patient and clients served by the grants. OTHER CONSIDERATIONS: On January 20, 2016 the County of Nueces Commissioners Court approved a motion authorizing the Director of Public Health to sign this same agreement for the CCNCPHD on behalf of the County of Nueces. CONFORMITY TO CITY POLICY: Council action required to approve execution of agreement. EMERGENCY / NON -EMERGENCY: Non -Emergency. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. 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: Comments: None. RECOMMENDATION: Staff recommends approval of this motion. LIST OF SUPPORTING DOCUMENTS: Data Use Agreement with Attachment A Resolution Resolution Authorizing the Director of the Corpus Christi Nueces County Public Health District (CCNCPHD), to sign on behalf of the City of Corpus Christi for the CCNCPHD a Data Use Agreement and its Attachment A with the Texas Health and Human Services Enterprise agencies to facilitate creation, receipt, maintenance, use, disclosure or access to confidential information with the CCNCPHD and describe the CCNCPHD's rights and obligations with respect to the confidential information pursuant to 45 CFR 164.504(e)(1)-(3), for the contract period beginning on the date of execution and ending upon termination of the base contracts listed in Attachment A. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Director of the CCNCPHD is authorized to sign on behalf of the City of Corpus Christi for the CCNCPHD, a Data Use Agreement and its Attachment A with the Texas Health and Human Services Enterprise agencies to facilitate creation, receipt, maintenance, use, disclosure or access to confidential information with the CCNCPHD and describe the CCNCPHD's rights and obligations with respect to the confidential information pursuant to 45 CFR 164.504(e)(1)-(3), for the contract period beginning on the date of execution and ending upon termination of the base contracts listed in Attachment A. 2 ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn HHS Contract No. (see Attachment A) DATA USE AGREEMENT BETWEEN THE TEXAS HEALTH AND HUMAN SERVICES ENTERPRISE AND CORPUS CHRISTI-NUECE COUNTY PUBLIC HEALTH DISTRICT ("CONTRACTOR") This Data Use Agreement ("DUA"), effective as of the date signed below ("Effective Date"), is entered into by and between the Texas Health and Human Services Enterprise agencies indicated in Attachment A ("HHS"), and Corpus Christi-Nueces County Public Health District, a political subdivision of the State of Texas ("CONTRACTOR"), and incorporated into the terms of HHS Contract No. (see Attachment A), in Travis County, Texas (the "Base Contract"). ARTICLE 1. PURPOSE; APPLICABILITY; ORDER OF PRECEDENCE The purpose of this DUA is to facilitate creation, receipt, maintenance, use, disclosure or access to Confidential Information with CONTRACTOR, and describe CONTRACTOR's rights and obligations with respect to the Confidential Information. 45 CFR 164.504(e)(1)-(3). This DUA also describes HHS's remedies in the event of CONTRACTOR's noncompliance with its obligations under this DUA. This DUA applies to bath Business Associate§ and contractors who are not Business Associates who create, receive, maintain, use, disclose or have access to Confidential Information on behalf of HHS, its programs or clients as described in the Base Contract. As of the Effective Date of this DUA, if any provision of the Base Contract, including any General Provisions or Uniform Terms and Conditions, conflicts with this DUA, this DUA controls. ARTICLE 2. DEFINITIONS For the purposes of this DUA, capitalized, underlined terms have the meanings set forth in the following: Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (42 U.S.C. § 1320d, et seq.) and regulations thereunder in 45 CFR Parts 160 and 164, including all amendments, regulations and guidance issued thereafter; The Social Security Act, including Section 1137 (42 U.S.C. §§ 1320b-7), Title XVI of the Act; The Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a and regulations and guidance thereunder; Internal Revenue Code, Title 26 of the United States Code and regulations and publications adopted under that code, including IRS Publication 1075; OMB Memorandum 07-18; Texas Business and Commerce Code Ch. 521; Texas Government Code, Ch. 552, and Texas Government Code §2054.1125. In addition, the following terms in this DUA are defined as follows: "Authorized Purpose" means the specific purpose or purposes described in the Statement of Work of the Base Contract for CONTRACTOR to fulfill its obligations under the Base Contract, or any other purpose expressly authorized by HHS in writing in advance. "Authorized User" means a Person: HHS Data Use Agreement (modified v. 8.3) Local Governments October 21,2015 Page 1 of 15 1•11•1S Contract No. (see Attachment A) (1) Who is authorized to create, receive, maintain, have access to, process, view, handle, examine, interpret, or analyze Confidential Information pursuant to this DUA; (2) For whom CONTRACTOR warrants and represents has a demonstrable need to create, receive, maintain, use, disclose or have access to the Confidential Information; and (3) Who has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information as required by this DUA. "Confidential Information" means any communication or record (whether oral, written, electronically stored or transmitted, or in any other form) provided to or made available to CONTRACTOR, or that CONTRACTOR may, for an Authorized Purpose, create, receive, maintain, use, disclose or have access to, that consists of or includes any or all of the following: (1) Client Information; (2) Protected Health Information in any form including without limitation, Electronic Protected Health Information or Unsecured Protected Health Information (herein "PHI"); (3) Ch. 521; Sensitive Personal Information defined by Texas Business and Commerce Code (4) Federal Tax Information; (5) Individually Identifiable Health Information as related to HIPAA, Texas H1PAA and Personal Identifying Information under the Texas Identity Theft Enforcement and Protection Act; (6) Social Security Administration Data, including, without limitation, Medicaid information; (7) All privileged work product; (8) All information designated as confidential under the constitution and laws of the State of Texas and of the United States, including the Texas Health & Safety Code and the Texas Public Information Act, Texas Government Code, Chapter 552. "Legally Authorized Representative" of the Individual, as defined by Texas law, including as provided in 45 CFR 435.923 (Medicaid); 45 CFR 164.502(g)(1) (HIPAA); Tex. Occ. Code § 151.002(6); Tex. H. & S. Code § 166.164; and Estates Code Ch. 752. ARTICLE 3. CONTRACTOR'S DUTIES REGARDING CONFIDENTIAL INFORMATION 3.01 Obligations of CONTRACTOR CONTRACTOR agrees that: HHS Data Use Agreement (modified v. 8.3) Local Governments October 212015 Page 2 of 15 itS Ccr ract No, (see ,SLMtciun=;w A} (A) CONTRACTOR will exercise reasonable care and no less than the same degree of care CONTRACTOR uses to protect its own confidential, proprietary and trade secret information to prevent any portion of the Confidential Information from being used in a manner that is not expressly an Authorized Purpose under this DUA or as Required by Law. 45 CFR 164.502(b)(1); 45 CFR 164.514(d) (B) Except as Required by Law, CONTRACTOR will not disclose or allow access to any portion of the Confidential Information to any Person or other entity, other than Authorized User's Workforce or Subcontractors (as defined in 45 C.F.R. 160.103) of CONTRACTOR who have completed training in confidentiality, privacy, security and the importance of' promptly reporting any Event or Breach to CONTRACTOR's management, to cavy out CONTRACTOR's obligations in connection with the Authorized Purpose. HHS, at its election, may assist CONTRACTOR in training and education on specific or unique HHS processes, systems and/or requirements. CONTRACTOR will produce evidence of completed training to HHS upon request. 45 C.F.R. 164.308(a)(5)(i); Texas Health & Safety Code §181.101 (C) CONTRACTOR will establish, implement and maintain appropriate sanctions against any member of its Workforce or Subcontractor who fails to comply with this DUA, the Base Contract or applicable law. CONTRACTOR will maintain evidence of sanctions and produce it to I{HS upon request.45 C.ER. 164.308(a)(1)(ii)(C); 164.530(e); 164410(b); 164.530(b)(1) (D) CONTRACTOR will not, except as otherwise permitted by this DUA, disclose or provide access to any Confidential Information on the basis that such act is Required by Law without notifying either HHS or CONTRACTOR's own legal counsel to determine whether CONTRACTOR should object to the disclosure or access and seek appropriate relief. CONTRACTOR will maintain an accounting of all such requests for disclosure and responses and provide such accounting to HHS within 48 hours of HHS' request. 45 CFR 164.504(e)(2)(i)(A) (E) CONTRACTOR will not attempt to re -identify or further identify Confidential Information or De -identified Information, or attempt to contact any Individuals whose records are contained in the Confidential Information, except for an Authorized Purpose, without express written authorization from HHS or as expressly permitted by the Base Contract. 45 CFR 164.502(d)(2)(0 and (ii) CONTRACTOR will not engage in prohibited marketing or sale of Confidential Information. 45 CFR 164.501, 164.508(a)(3) and (4); Texas Health & Safety Code Ch. 181.002 (E) CONTRACTOR will not permit, or enter into any agreement with a Subcontractor to, create, receive, maintain, use, disclose, have access to or transmit Confidential Information to carry out CONTRACTOR's obligations in connection with the Authorized Purpose on behalf of CONTRACTOR, unless Subcontractor agrees to comply with all applicable laws, rules and regulations. 45 CFR 164 502(e)(1)(ii); 164.504(e)(1)(i) and (2). HHS Data Use Agreement (modified v. 8.3) Local Governments October 21,2015 Page 3 of 15 HHS cructN Amac (G) CONTRACTOR is directly responsible for compliance with, and enforcement of, all conditions for creation, maintenance, use, disclosure, transmission and Destruction of Confidential Information and the acts or omissions of Subcontractors as may be reasonably necessary to prevent unauthorized use. 45 CFR 164.504(e)(5); 42 CFR 431.300, et seq. (H) If CONTRACTOR maintains PH] in a Designated Record Set which is Confidential Information and subject to this Agreement, CONTRACTOR will make PHI available to HHS in a Designated Record Set upon request. CONTRACTOR will provide PHI to an Individual, or Legally Authorized Representative of the Individual who is requesting PHI in compliance with the requirements of the HIPAA Privacy Regulations. CONTRACTOR will release PHI in accordance with the HIPAA Privacy Regulations upon receipt of a valid written authorization. CONTRACTOR will make other Confidential Information in CONTRACTOR's possession available pursuant to the requirements of HIPAA or other applicable law upon a determination of a Breach of Unsecured PHI as defined in HIPAA. CONTRACTOR will maintain an accounting of all such disclosures and provide it to HHS within 48 hours of HHS' request. 45 CFR 164.524and 164, 504(e) (2) (ii)(E). (I) If PHI is subject to this Agreement, CONTRACTOR will make PHI as required by HIPAA available to FII -1S for review subsequent to CONTRACTOR's incorporation of any amendments requested pursuant to HIPAA. 45 CFR 164.504(e)(2)(ii)(E) and (F). (J) If P 41 is subject to this Agreement, CONTRACTOR will document and make available to HHS the PHI required to provide access, an accounting of disclosures or amendment in compliance with the requirements of the HIPAA Privacy Regulations. 45 CFR 164.504(e)(2)(ii)(G) and 164.528. (K) If CONTRACTOR receives a request for access, amendment or accounting of PHI from an individual with a right of access to information subject to this DUA, it will respond to such request in compliance with the HIPAA Privacy Regulations. CONTRACTOR will maintain an accounting of all responses to requests for access to or amendment of PHI and provide it to HHS within 48 hours of HHS' request. 45 CFR 164 504(e)(2). (L) CONTRACTOR will provide, and will cause its Subcontractors and agents to provide, to HHS periodic written certifications of compliance with controls and provisions relating to information privacy, security and breach notification, including without limitation information related to data transfers and the handling and disposal of Confidential Information. 45 CFR 164.308; 164.530(c); 1 TAC 202. (M) Except as otherwise limited by this DUA, the Base Contract, or law applicable to the Confidential Information, CONTRACTOR may use PHI for the proper management and administration of CONTRACTOR or to carry out CONTRACTOR's legal responsibilities. Except as otherwise limited by this DUA, the Base Contract, or law applicable to the Confidential Information, CONTRACTOR may disclose PHI for HHS Data Use Agreement (modified v. 8.3) Local Governments October 21.2015 Page 4 of 15 HHS Contract No. (see Attachment A) the proper management and administration of CONTRACTOR, or to carry out CONTRACTOR's legal responsibilities, if: 45 CFR 164.504(e)(4)(A). (1) Disclosure is Required bv Law, provided that CONTRACTOR complies with Section 3.01(D); or (2) CONTRACTOR obtains reasonable assurances from the person or entity to which the information is disclosed that the person or entity will: (a)Maintain the confidentiality of the Confidential Information in accordance with this DUA; (b) Use or further disclose the information only as Required bv Law or for the Authorized Purpose for which it was disclosed to the Person; and (c)Notify CONTRACTOR in accordance with Section 4.01 of any Event or Breach of Confidential Information of which the Person discovers or should have discovered with the exercise of reasonable diligence. 45 CFR 164 504(e)(4)(ii}(B). (N) Except as otherwise limited by this DUA, CONTRACTOR will, if required by law and requested by HHS, use commercially reasonable efforts to use PHI to provide data aggregation services to HHS, as that term is defined in the HIPAA, 45 C.F.R. §164.501 and permitted by HIPAA. 45 CFR 164.504(e)(2)(0(B) (0) CONTRACTOR will, on the termination or expiration of this DUA or the Base Contract, at its expense, send to HHS or Destroy, at I-IHS's election and to the extent reasonably feasible and permissible by law, all Confidential Information received from HHS or created or maintained by CONTRACTOR or any of CONTRACTOR's agents or Subcontractors on 1-I1-1S's behalf if that data contains Confidential Information. CONTRACTOR will certify in writing to HHS that all the Confidential Information that has been created, received, maintained, used by or disclosed to CONTRACTOR, has been Destroyed or sent to HHS, and that CONTRACTOR and its agents and Subcontractors have retained no copies thereof. Notwithstanding the foregoing, HHS acknowledges and agrees that CONTRACTOR is not obligated to send to HHSC and/or Destroy any Confidential Information if federal law, state law, the Texas State Library and Archives Commission records retention schedule, and/or a litigation hold notice prohibit such delivery or Destruction. If such delivery or Destruction is not reasonably feasible, or is impermissible by law, CONTRACTOR will immediately notify HHS of the reasons such delivery or Destruction is not feasible, and agree to extend indefinitely the protections of this DUA to the Confidential Information and limit its further uses and disclosures to the purposes that make the return delivery or Destruction of the Confidential Information not feasible for as long as CONTRACTOR maintains such Confidential Information. 45 CFR 164.504(e)(2)(ii)(J) (P) CONTRACTOR will create, maintain, use, disclose, transmit or Destroy Confidential Information in a secure fashion that protects against any reasonably HHS Data Use Agreement (modified v. 8.3) Local Governments October 21,2015 Page 5 of 15 HHS Contract No. (see Attachment A) anticipated threats or hazards to the security or integrity of such information or unauthorized uses. 45 CFR 164.306; 164.530(c) (Q) If CONTRACTOR accesses, transmits, stores, and/or maintains Confidential Information. CONTRACTOR will complete and return to HHS at infosecurity@hhsc.state.tx.us the HHS information security and privacy initial inquiry (SPI) at Attachment 1 . The SPI identifies basic privacy and security controls with which CONTRACTOR must comply to protect HHS Confidential Information. CONTRACTOR will comply with periodic security controls compliance assessment and monitoring by HHS as required by state and federal law, based on the type of Confidential Information CONTRACTOR creates, receives, maintains, uses, discloses or has access to and the Authorized Purpose and level of risk. CONTRACTOR's security controls will be based on the National Institute of Standards and Technology (NIST) Special Publication 800-53. CONTRACTOR will update its security controls assessment whenever there are significant changes in security controls for HHS Confidential Information and will provide the updated document to HHS. 1-111-15 also reserves the right to request updates as needed to satisfy state and federal monitoring requirements. 45 CFR 164.306. (R) CONTRACTOR will establish, implement and maintain reasonable procedural, administrative, physical and technical safeguards to preserve and maintain the confidentiality, integrity, and availability of the Confidential Information, and with respect to PI -II, as described in the HIPAA Privacy and Security Regulations, or other applicable laws or regulations relating to Confidential Information, to prevent any unauthorized use or disclosure of Confidential Information as long as CONTRACTOR has such Confidential Information in its actual or constructive possession. 45 CFR 164.308 (administrative safeguards); 164.310 (physical safeguards); 164.312 (technical safeguards); 164.530(c)(privacy safeguards). (S) CONTRACTOR will designate and identify, a Person or Persons, as Privacy Official 45 CFR 164.530(a)(1) and Information Security Official, each of whom is authorized to act on behalf of CONTRACTOR and is responsible for the development and implementation of the privacy and security requirements in this DUA. CONTRACTOR will provide name and current address, phone number and e-mail address for such designated officials to HHS upon execution of this DUA and prior to any change. If such persons fail to develop and implement the requirements of the DUA, CONTRACTOR will replace them upon HHS request. 45 CFR 164.308(a)(2). (T) CONTRACTOR represents and warrants that its Authorized Users each have a demonstrated need to know and have access to Confidential Information solely to the minimum extent necessary to accomplish the Authorized Purpose pursuant to this DUA and the Base Contract, and further, that each has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information contained in this DUA. 45 CFR 164.502; 164.514(d). (U) CONTRACTOR and its Subcontractors will maintain an updated, complete, accurate and numbered list of Authorized Users. their signatures, titles and the date they HHS Data Use Agreement (modified v. 83) Local Governments October 21,2015 Page 6 of 15 HI -IS Contract No. (see Attachment A) agreed to be bound by the terms of this DUA, at all times and supply it to LCIS, as directed, upon request. (V) CONTRACTOR will implement, update as necessary, and document reasonable and appropriate policies and procedures for privacy, security and Breach of Confidential Information and an incident response plan for an Event or Breach, to comply with the privacy, security and breach notice requirements of this DUA prior to conducting work under the Statement of Work. 45 CFR 164.308; 164.316; 164.514(d); 164.530(i)(1). (W) CONTRACTOR will produce copies of its information security and privacy policies and procedures and records relating to the use or disclosure of Confidential Information received from, created by, or received, used or disclosed by CONTRACTOR for an Authorized Purpose for 11HS's review and approval within 30 days of execution of this DUA and upon request by HHS the following business day or other agreed upon time frame. 45 CFR 164.308; 164.514(d). (X) CONTRACTOR will make available to HHS any information HHS requires to fulfill HHS's obligations to provide access to, or copies of, PHI in accordance with HIPAA and other applicable laws and regulations relating to Confidential Information. CONTRACTOR will provide such information in a time and manner reasonably agreed upon or as designated by the Secretary of the U.S. Department of Health and Human Services, or other federal or state law. 45 CFR 164.504(e)(2)(j(1). (Y) CONTRACTOR will only conduct secure transmissions of Confidential Information whether in paper, oral or electronic form, in accordance with applicable rules, regulations and laws. A secure transmission of electronic Confidential Information in motion includes, but is not limited to, Secure File Transfer Protocol (SFTP) or Encryption at an appropriate level. If required by rule, regulation or law, HHS Confidential Information at rest requires Encryption unless there is other adequate administrative, technical, and physical security. All electronic data transfer and communications of Confidential Information will be through secure systems. Proof of system, media or device security and/or Encryption must be produced to 1 -11 -IS no later than 48 hours after HI-IS's written request in response to a compliance investigation, audit or the Discovery of an Event or Breach. Otherwise, requested production of such proof will be made as agreed upon by the parties. De -identification of HHS Confidential Information is a means of security. With respect to de -identification of PHI, "secure" means de -identified according to HIPAA Privacy standards and regulatory guidance. 45 CFR 164.312; 164.530(d). (Z) For each type of Confidential Information CONTRACTOR creates, receives, maintains, uses, discloses, has access to or transmits in the performance of the Statement of Work, CONTRACTOR will comply with the following laws rules and regulations, only to the extent applicable and required by law: • Title 1, Fart 10, Chapter 202, Subchapter B, Texas Administrative Code; • The Privacy Act of 1974; HHS Data Use Agreement (modified v. 8.3) Local Governments October21,2015 Page 7 of 15 1•IHS Contract No. (see Attachment A) • OMB Memorandum 07-16; • The Federal Information Security Management Act of 2002 (FISMA); • The Health Insurance Portability and Accountability Act of 1996 (HIPAA) as defined in the DUA; • Internal Revenue Publication 1075 Tax Information Security Guidelines for Federal, State and Local Agencies; • National Institute of Standards and Technology (NIST) Special Publication 800-66 Revision 1 - An Introductory Resource Guide for Implementing the Health Insurance Portability and Accountability Act (HIPAA) Security Rule; • NIST Special Publications 800-53 and 800-53A -- Recommended Security Controls for Federal Information Systems and Organizations, as currently revised; • NIST Special Publication 800-47 Security Guide for Interconnecting Information Technology Systems; • NIST Special Publication 800-88, Guidelines for Media Sanitization; • NIST Special Publication 800-111, Guide to Storage of Encryption Technologies for End User Devices containing PHI; and Any other State or Federal law, regulation, or administrative rule relating to the specific HHS program area that CONTRACTOR supports on behalf of I -LHS. (AA) Notwithstanding anything to the contrary herein, CONTRACTOR will treat any Personal Identifying Information it creates, receives, maintains, uses, transmits, destroys and/or discloses in accordance with Texas Business and Commerce Code, Chapter 521 and other applicable regulatory standards identified in Section 3.01(Z), and Individually Identifiable Health Information CONTRACTOR creates, receives, maintains, uses, transmits, destroys and/or discloses in accordance with HIPAA and other applicable regulatory standards identified in Section 3.01(Z). ARTICLE 4. BREACH NOTICE, REPORTING AND CORRECTION REQUIREMENTS 4.01 Breach or Event Notification to HHS. 45 CFR 164.400-414. (A) CONTRACTOR will cooperate fully with HHS in investigating. mitigating to the extent practicable and issuing notifications directed by HHS, for any Event or Breach of Confidential Information to the extent and in the manner determined by HHS. HHS Data Use Agreement (modified v. 8.3) Local Governments October 21,2015 Page 8of15 HHS Contract No. (set AUachmen (B) CONTRACTOR'S obligation begins at the Discovery of an Event or Breach and continues as long as related activity continues, until all effects of the Event are mitigated to HHS's reasonable satisfaction (the "incident response period"). 45 CFR 164 404. (C) Breach Notice: (1) Initial Notice. (a) For federal information, including without limitation, Federal Tax Information, Social Security Administration Data, and Medicaid Client Information, within the first, consecutive clock hour of Discovery, and for all other types of Confidential Information not more than 24 hours after Discoverv, or in a timeframe otherwise approved by HHS in writing, initially report to HHS's Privacy and Security Officers via email at: privacy@HHSC.state.tx.us and to the HHS division responsible for this DUA; and IRS Publication 1075; Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a; OMB Memorandum 07-16 as cited in HHSC-CMS Contracts for information exchange. (b) Report all information reasonably available to CONTRACTOR about the Event or Breach of the privacy or security of Confidential Information. 45 CFR 164.410. (c) Name, and provide contact information to HHS for, CONTRACTOR's single point of contact who will communicate with HHS both on and off business hours during the incident response period. (2) Formal Notice. No later than two business days after the initial Notice above, provide formal notification to privacy@HHSC.state.tx.us and to the HHS division responsible for this DUA, including all reasonably available information about the Event or Breach, and CONTRACTOR's investigation, including without limitation and to the extent available: For (a) - (m) below: 45 CFR 164.400-414. (a) The date the Event or Breach occurred; (b) The date of CONTRACTOR' and, if applicable, Subcontractor's Discovery; (c) A brief description of the Event or Breach,; including how it occurred and who is responsible (or hypotheses, if not yet determined); (d) A brief description of CONTRACTOR's investigation and the status of the investigation; HHS Data Use Agreement (modified v. 8.3) Local Governments October 2l 2015 Page 9 of 15 111.15 Contract No. (see Attachment A) (e) A description of the types and amount of Confidential Information involved; (f) Identification of and number of all Individuals reasonably believed to be affected, including first and last name of the Individual and if applicable the, Legally Authorized Representative, last known address, age, telephone number, and email address if it is a preferred contact method, to the extent known or can be reasonably determined by CONTRACTOR at that time; (g) CONTRACTOR's initial risk assessment of the Event or Breach demonstrating whether individual or other notices are required by applicable law or this DUA for HHS approval, including an analysis of whether there is a low probability of compromise of the Confidential Information or whether any legal exceptions to notification apply; (h) CONTRACTOR's recommendation for HHS's approval as to the steps Individuals and/or CONTRACTOR on behalf of Individuals, should take to protect the Individuals from potential harm, including without limitation CONTRACTOR's provision of notifications, credit protection, claims monitoring, and any specific protections for a Legally, Authorized Representative to take on behalf of an Individual with special capacity or circumstances; (i) The steps CONTRACTOR has taken to mitigate the harm or potential harm caused (including without limitation the provision of sufficient resources to mitigate); (j) The steps CONTRACTOR has taken, or will take, to prevent or reduce the likelihood of recurrence of a similar Event or Breach; (k) Identify, describe or estimate the Persons, Workforce, Subcontractor. or Individuals and any law enforcement that may be involved in the Event or Breach; (1) A reasonable schedule for CONTRACTOR to provide regular updates during normal business hours to the foregoing in the future for response to the Event or Breach, but no less than every three (3) business days or as otherwise directed by HHS, including information about risk estimations, reporting, notification, if any, mitigation, corrective action, root cause analysis and when such activities are expected to be completed; and (m) Any reasonably available, pertinent information, documents or reports related to an Event or Breach that HHS requests following Discovery. HHS Data Use Agreement (modified v. 8.3) Local Governments October 21,2015 Page 10 of 15 HHS Conira f NO, 4.02 Investigation, Response and Mitigation. 45 CFR 164.308, 310 and 312; 164.530 (A) CONTRACTOR will immediately conduct a full and complete investigation, respond to the Event or Breach, commit necessary and appropriate staff and resources to expeditiously respond, and report as required to and by HHS for incident response purposes and for purposes of HHS's compliance with report and notification requirements, to the reasonable satisfaction of HHS. (B) CONTRACTOR will complete or participate in a risk assessment as directed by HHS following an Event or Breach, and provide the final assessment, corrective actions and mitigations to HHS for review and approval. (C) CONTRACTOR will fully cooperate with HHS to respond to inquiries and/or proceedings by state and federal authorities, Persons and/or Individuals about the Event or Breach. (D) CONTRACTOR will fully cooperate with HHS's efforts to seek appropriate injunctive relief or otherwise prevent or curtail such Event or Breach, or to recover or protect any Confidential Information, including complying with reasonable corrective action or measures, as specified by HHS in a Corrective Action Plan if directed by HHS under the Base Contract. 4.03 Breach Notification to Individuals and Reporting to Authorities. Tex. Bus. & Comm. Code §521.053; 45 CFR 164.404 (Individuals), 164.406 (Media); 164.408 (Authorities) (A) HHS may direct CONTRACTOR to provide Breach notification to Individuals, regulators orthird-parties, as specified by HHS following a Breach. (B) CONTRACTOR shall give HHS an opportunity to review and provide feedback to CONTRACTOR and to confirm that CONTRACTOR's notice meets all regulatory requirements regarding the time, manner and content of any notification to Individuals, regulators or third -parties, or any notice required by other state or federal authorities. HHS shall have ten (10) business days to provide said feedback to CONTRACTOR. Notice letters will be in CONTRACTOR's name and on CONTRACTOR's letterhead, unless otherwise directed by HHS, and will contain contact information, including the name and title of CONTRACTOR's representative, an email address and a toll-free telephone number, if required by applicable law, rule, or regulation, for the Individual to obtain additional information. (C) CONTRACTOR will provide 1-11-1S with copies of distributed and approved communications. (D) CONTRACTOR will have the burden of demonstrating to the reasonable satisfaction of HHS that any notification required by HHS was timely made. If there are delays outside of CONTRACTOR's control, CONTRACTOR will provide written documentation of the reasons for the delay. HHS Data Use Agreement (modified v. 8.3) Local Governments October 21,2015 Page 11 of 15 HHS Contract 'Jo. (see Ana clirr e (E) If HHS delegates notice requirements to CONTRACTOR, HHS shall, in the time and manner reasonably requested by CONTRACTOR, cooperate and assist with CONTRACTOR's information requests in order to make such notifications and reports. ARTICLE 5. STATEMENT OF WORK "Statement of Work" means the services and deliverables to be performed or provided by CONTRACTOR, or on behalf of CONTRACTOR by its Subcontractors or agents for 1 -11 -IS that are described in detail in the Base Contract. The Statement of Work, including any future amendments thereto, is incorporated by reference in this DUA as if set out word-for-word herein. ARTICLE 6. GENERAL PROVISIONS 6.01 Oversight of Confidential Information CONTRACTOR acknowledges and agrees that HHS is entitled to oversee and monitor CONTRACTOR's access to and creation, receipt, maintenance, use, disclosure of the Confidential Information to confirm that CONTRACTOR is in compliance with this DUA. 6.02 HHS Commitment and Obligations HHS will not request CONTRACTOR to create, maintain, transmit, use or disclose PHI in any manner that would not be permissible under applicable law if done by HHS. 6.03 HHS Right to Inspection At any time upon reasonable notice to CONTRACTOR, or if HHS determines that CONTRACTOR has violated this DUA, HHS, directly or through its agent, will have the right to inspect the facilities, systems, books and records of CONTRACTOR to monitor compliance with this DUA. For purposes of this subsection, HHS's agent(s) include, without limitation, the HHS Office of the Inspector General or the Office of the Attorney General of Texas, outside consultants or legal counsel or other designee. 6.04 Term; Termination of DUA; Survival This DUA will be effective on the date on which CONTRACTOR executes the DUA, and will terminate upon termination of the Base Contract and as set forth herein. If the Base Contract is extended or amended, this DUA shall be extended or amended concurrent with such extension or amendment. (A) 1 -11 -IS may immediately terminate this DUA and Base Contract upon a material violation of this DUA. (B) Termination or Expiration of this DUA will not relieve CONTRACTOR of its obligation to return or Destroy the Confidential Informatiort as set forth in this DUA and HHS Data Use Agreement (modified v. 8.3) Local Governments October 21,2015 Page 12 of 15 FIFES Contract No. (seg Attachment A) to continue to safeguard the Confidential Information until such time as determined by HHS. (C) If HHS determines that CONTRACTOR has violated a material term of this DUA; HHS may in its sole discretion: (1) Exercise any of its rights including but not limited to reports, access and inspection under this DUA and/or the Base Contract; or (2) Require CONTRACTOR to submit to a Corrective Action Plan, including a plan for monitoring and plan for reporting, as HHS may determine necessary to maintain compliance with this DUA; or (3) Provide CONTRACTOR with a reasonable period to cure the violation as determined by HHS; or (4) Terminate the DUA and Base Contract immediately, and seek relief in a court of competent jurisdiction in Texas. Before exercising any of these options, HHS will provide written notice to CONTRACTOR describing the violation, the requested corrective action CONTRACTOR may take to cure the alleged violation, and the action HHS intends to take if the alleged violated is not timely cured by CONTRACTOR. (D) If neither termination nor cure is feasible, HI -IS shall report the violation to the Secretary of the U.S. Department of Health and Human Services. (E) The duties of CONTRACTOR or its Subcontractor under this DUA survive the expiration or termination of this DUA until all the Confidential Information is Destroyed or returned to HHS, as required by this DUA. 6.05 Governing Law, Venue and Litigation (A) The validity, construction and performance of this DUA and the legal relations among the Parties to this DUA will be governed by and construed in accordance with the laws of the State of Texas. (B) The Parties agree that the courts of Texas, will be the exclusive venue for any litigation, special proceeding or other proceeding as between the parties that may be brought, or arise out of, or in connection with, or by reason of this DUA. 6.06 Injunctive Relief (A) CONTRACTOR acknowledges and agrees that HHS may suffer irreparable injury if CONTRACTOR or its Subcontractor fails to comply with any of the terms of this DUA with respect to the Confidential Information or a provision of HIPAA or other laws or regulations applicable to Confidential Information. HHS Data Use Agreement (modified v. 8.3) Local Governments October 212015 Page 13 of 15 111 -IS Contract No. (see Attachment A) (B) CONTRACTOR further agrees that monetary damages may be inadequate to compensate HHS for CONTRACTOR's or its Subcontractor's failure to comply. Accordingly, CONTRACTOR agrees that HHS will, in addition to any other remedies available to it at law or in equity, be entitled to seek injunctive relief without posting a bond and without the necessity of demonstrating actual damages, to enforce the terms of this DUA. 6.07 Responsibility. To the extent permitted by the Texas Constitution, laws and rules, and without waiving any immunities or defenses available to CONTRACTOR as a governmental entity, CONTRACTOR shall be solely responsible for its own acts and omissions and the acts and omissions of its employees, directors, officers, Subcontractors and agents. HHS shall be solely responsible for its own acts and omissions. 6.08 Insurance (A) As a governmental entity, and in accordance with the limits of the Texas Tort Claims Act, Chapter 101 of the Texas Civil Practice and Remedies Code, CONTRACTOR either maintains commercial insurance or self -insures with policy limits in an amount sufficient to cover CONTRACTOR's liability arising under this DUA. CONTRACTOR will request that HHS be named as an additional insured. HHSC reserves the right to consider alternative means for CONTRACTOR to satisfy CONTRACTOR's financial responsibility under this DUA. Nothing herein shall relieve CONTRACTOR of its financial obligations set forth in this DUA if CONTRACTOR fails to maintain insurance. (B) CONTRACTOR will provide HHS with written proof that required insurance coverage is in effect, at the request of HHS. 6.08 Fees and Costs Except as otherwise specified in this DUA or the Base Contract, if any legal action or other proceeding is brought for the enforcement of this DUA, or because of an alleged dispute, contract violation, Event, Breach, default, misrepresentation, or injunctive action, in connection with any of the provisions of this DUA, each party will bear their own legal expenses and the other cost incurred in that action or proceeding. 6.09 Entirety of the Contract This DUA is incorporated by reference into the Base Contract as an amendment thereto and, together with the Base Contract, constitutes the entire agreement between the parties. No change, waiver, or discharge of obligations arising under those documents will be valid unless in writing and executed by the party against whom such change, waiver, or discharge is sought to be enforced. If any provision of the Base Contract, including any General Provisions or Uniform Terms and Conditions, conflicts with this DUA, this DUA controls. 6.10 Automatic Amendment and Interpretation HHS Data Use Agreement (modified v. 8.3) Local Governments October 21,2015 Page 14 of 15 HMS Contract No. (see Attachment A) If there is (i) a change in any law, regulation or rule, state or federal, applicable to HIPPA and/or Confidential Information, or (ii) any change in the judicial or administrative interpretation of any such law, regulation or rule„ upon the effective date of such change, this DUA shall be deemed to have been automatically amended, interpreted and read so that the obligations imposed on HHS and/or CONTRACTOR remain in compliance with such changes. Any ambiguity in this DUA will be resolved in favor of a meaning that permits HHS and CONTRACTOR to comply with HIPAA or any other law applicable to Confidential Information. ARTICLE 7. AUTHORITY TO EXECUTE The Parties have executed this DUA in their capacities as stated below with authority to bind their organizations on the dates set forth by their signatures. IN WITNESS HEREOF, HHS and CONTRACTOR have each caused this DUA to be signed and delivered by its duly authorized representative: TEXAS HEALTH AND HUMAN SERVICES CONTRACTOR BY: NAME: TITLE: DATE: .201 . BY: NAME: TITLE: DATE: ,201 Approved as to (9-1q I ke sistant Cit i r ney r City Attorney HHS Data Use Agreement (modified v. 8.3) Local Governments October 21,2015 Page 15 of 15 ATTACHMENT A Agency DSHS TIN 17460005857 Legal Contractor NUECES COUNTY Contract No 2016-001327 DSHS 17460005857 NUECES COUNTY 2016-001419 DSHS 17460005857 NUECES COUNTY 2015-001347 DSHS 174.6.0.0.05741 CITY OF CORPUS CHRISTI 2015-002508 DSHS 17460005741 CITY OF CORPUS CHRISTI 2016-001102 DSHS 17460005741 CITY OF CORPUS CHRISTI 2016-001139 DSHS 17460005741 CITY OF CORPUS CHRISTI 537-16-7777- 00342 DSHS 17460005741 CITY OF CORPUS CHRISTI 537-16-0118- 00001 AGENDA MEMORANDUM Future Item for the City Council Meeting of February 23, 2016 Action Item for the City Council Meeting of March 8, 2016 DATE: TO: February 12, 2016 Ronald L. Olson, City Manager THRU: Mark Van Vleck, P.E., Assistant City Manager, Public Works and Utilities MarkVV@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Executive Director of Public Works ValerieG@cctexas.com (361) 826-3729 Jeffrey H. Edmonds, P.E., Director of Engineering Services JeffreyE@cctexas.com (361) 826-3851 Engineering Contract Laguna Shores Road Force Main Replacement CAPTION: Motion authorizing the City Manager or designee to proceed with design phase work by executing Amendment No. 1 with LJA Engineering, Inc. of Corpus Christi, Texas in the amount of $479,977.31 for a total restated fee not to exceed $529,817.31 for Laguna Shores Road Force Main Replacement. PURPOSE: The existing engineering contract covered investigation, alternatives evaluation and preliminary engineering work. The purpose of this agenda item is to obtain authority to execute an amendment to that professional service contract to include detailed design, permitting, bid phase support and construction phase services for necessary wastewater collection improvements in the Laguna Shores Road area. BACKGROUND AND FINDINGS: This project will address wastewater conveyance capacity deficiencies and reliability issues in the Laguna Shores Road corridor. This project will allow the decommissioning and replacement of a substandard lift station and an inverted siphon under SPID that have been a source of sanitary sewer overflows. The existing 10 -inch force main was constructed in 1975 and was removed from service due to aging and deterioration. Currently, there is only one 18 -inch active force main in service along Laguna Shores Road to Laguna Madre Wastewater Treatment Plant (WWTP). To meet wastewater flow capacity and allow proper maintenance, two lines are required to convey wastewater flows. This project provides for replacement of the existing 10 -inch wastewater force main along Laguna Shores Road from Graham Road to Laguna Madre WWTP. The new force main is required to convey partial Flour Bluff wastewater flows from the Laguna Shores Lift Station to the Laguna Madre WWTP. This contract provides for engineering services to prepare construction documents to replace the existing force main and other associated improvements from Graham Road to the Laguna Madre WWTP. The scope of work will include the following major elements: Y Construct a new force main paralleling Laguna Shores Road from Graham Road to Laguna Madre WWTP; Construct inter -connects between the new force main and the existing force main from Graham Road to the Laguna Madre WWTP; Construct a new Gateway Lift Station and associated new gravity wastewater infrastructure necessary to take offline the existing siphon wastewater line beneath SPID; Install flow meters at the following lift station (LS) locations: Riviera LS, Laguna Shore LS, Waldron LS, Flour Bluff LS and new Gateway LS. LJA Engineering, Inc. (previous RVE, Inc.) was selected for this project through RFQ No. 2011- 05. Selection was based upon qualifications and their specific experience with similar projects. The design phase is planned to be complete in February 2017 and construction is anticipated to take 13 months to complete. ALTERNATIVES: 1. Authorize the execution of the professional services contract. 2. Do not authorize the execution of the professional services contract. (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: fOperating Revenue ®Capital Not applicable Fiscal Year 2015-2016 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $90,400 $6,526,400 $6,616,800 Encumbered / 90,400 90,400 Expended Amount This Item $479,977 $479,977 Future Anticipated Expenditures This Project $5,636,860 $5,636,860 BALANCE $0 $409,563 $409,563 Fund(s): Wastewater CIP No. 3 Comments: This project requires approximately 840 calendar days with anticipated completion in June 2018. The amendment will result in the expenditure of an amount not to exceed $479,977.31. RECOMMENDATION: City Staff recommends approval to proceed with design phase work by executing Amendment No. 1 with LJA Engineering, Inc. of Corpus Christi, Texas in the amount of $479,977.31 for a total restated fee not to exceed $529,817.31 for Laguna Shores Road Force Main Replacement. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET LAGUNA SHORES ROAD FORCE MAIN REPLACEMENT FUNDS AVAILABLE: Wastewater CIP $6,616,800 FUNDS REQUIRED: Construction Estimate (TBD) 4,800,000 Contingency (10%) 480,000 Engineer Original (LJA) 49,840 Engineer Amendment No. 1 (LJA) THIS CONTRACT 479,977 Subsurface Utility Engineering (Estimate) 40,000 Geotechnical investigation and construction materials testing (Estimate) 40,000 Construction observation (Estimate) 150,000 Reimbursements: Administration/Finance (Engineering/Capital Budget/Finance) (1°/0) 66,168 Engineering Services (Project Mgmt) (1.5%) 99,252 Misc 2,000 TOTAL $6,207,237 PROJECT BUDGET BALANCE $409,563 Laguna Shores Road Force Main Replacement CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 2 1 Project Location Laguna Shores W.W.T.P. New Gate Lift Station New Force Main (From Graham Rd. to Laguna Shores W.W.T.P.) LOCATION MAP NOT TO CALE Project Number: E1g54 Laguna Shores Road Force Main Replacement CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 2 OF 2 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES AMENDMENT NO. 1 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, Corpus Christi, Nueces County, Texas 78401, (Consultant), hereby agree as follows: 1. SCOPE OF PROJECT Laguna Shores Road Force Main Replacement (Project No. E10054) — This project includes Preliminary, Design, and Bid Phase services and associated Additional Services, as described herein, for the installation of a wastewater force main from Graham Road to the Laguna Madre Wastewater Treatment Plant, a new small Gateway Lift Station, a new wastewater gravity line to the Gateway Lift Station, and five (5) wastewater flow meters. 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. Contract for Professional Services Page 1 of 7 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E10054 LAGUNA SHORES RD WW FM IMPROVEMENTS\AMENDMENT NO. 1 \ CONTRACT \CONTRACT. DOC 4. FEE The City will pay the Consultant a fee as described in Exhibit "A" for providing services authorized, for a fee not to exceed $479,977.31, for a total restated fee not to exceed $529,817.31. Monthly invoices will be submitted in accordance with Exhibit "B". 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 6.1 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. 6.2 Consultant must furnish to the Director of Engineering Services with the signed agreement 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, 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. Contract for Professional Services Page 2 of 7 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E10054 LAGUNA SHORES RD WW FM IMPROVEMENTS\AMENDMENT NO. 1 \ CONTRACT \CONTRACT. DOC 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 $1,000,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim $2,000,000 Aggregate (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. WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000 /$500,000 /$500,000 6.3 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. 6.4 Applicable for paid employees, Consultant 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 Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. Contract for Professional Services Page 3 of 7 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E10054 LAGUNA SHORES RD WW FM IMPROVEMENTS\AMENDMENT NO. 1 \ CONTRACT \CONTRACT. DOC 6.5 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. 6.6 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 6.7 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: 6.7.1 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 workers' compensation policy and professional liability/Errors & Omissions policy; 6.7.2 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; 6.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 6.7.4 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. 6.8 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. 6.9 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. Contract for Professional Services Page 4 of 7 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E10054 LAGUNA SHORES RD WW FM IMPROVEMENTS\AMENDMENT NO. 1 \ CONTRACT \CONTRACT. DOC 6.10 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. 6.11 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. 6.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 7. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the Consultant at the address of record. In this event, 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, 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. Contract for Professional Services Page 5of7 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E10054 LAGUNA SHORES RD WW FM IMPROVEMENTS\AMENDMENT NO. 1 \ CONTRACT \CONTRACT. DOC 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 Consultant 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. 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- 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 6 of 7 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E10054 LAGUNA SHORES RD WW FM IMPROVEMENTS\AMENDMENT NO. 1 \ CONTRACT \CONTRACT. DOC CITY OF CORPUS CHRISTI LJ E¢GIRIFI( , INC. J.H. Edmonds, P.E. Date Patric . Vat -.o, P.E. Director of Engineering Services Vice President 820 Buffalo Street Corpus Christi, Texas 78401 RECOMMENDED (361) 887-8851 Office (361) 887-8855 Fax Operating Department Date APPROVED AS TO LEGAL FORM Legal Department APPROVED Date Office of Management Date and Budget ATTEST Rebecca Huerta City Secretary Date Project Number E10054 Accounting Unit 4254-042 Account 550950 Activity El 0054014254EXP Account Category 550950 Fund Name Wastewater CIP Date Contract for Professional Services Page 7 of 7 K.:IENGINEERING DATAEXCHANGEUENNIFERIWASTEWATERIE10054 LAGUNA SHORES RO WW FM IMPROVEMENTS AMENDMENT NO 11CONTRACT' CONTRACT.00C EXHIBIT "A" AMENDMENT NO. 1 CITY OF CORPUS CHRISTI, TEXAS Laguna Shores Road WW Forcemain Replacement Project No. E10054 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. Preliminary Phase. The Architect/Engineer-A/E (also referred to as Consultant) will: a3 Prepare PowerPoint presentation in City format for City Council Meeting. b} Hold Project Kick off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. c) Provide scope of geotechnical testing requirements to the City's Geotechnical Consultant. d) Request and review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. e) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. life cycle cost estimate with recommended pavement sections using Federal ee g-) Identify right of way acquisition requirements and illustrate on a schematic strip map. h) Prepare preliminary opinions of probable construction costs for the recommended improvements. served. proposed systems. Include the analysis of inlet capacity. k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. power conduit for street lighting and traffic signalization. m) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, USPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. Identify and recommend public outreach and community stakeholder requirements. e3 Review City provided preliminary Traffic impact ac'scssmcnt and provide recommendation for integration and/or additional requirements as appropriate. p) Prepare an Addendum to previous Engineering Letter Report (20 — 25 page main -body text document with supporting appendices) that documents the AMEND. NO. 1 EXHIBIT "A" Page 1 of 10 analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic -level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF). Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, cross-sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, right-of-way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 3. Include existing site photos. 4. Provide opinion of probable construction costs. 5. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet as City agent or with City participation and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 6. Provide an analysis on project impacts towards "re engineering" and affect. 7. Provide anticipated index of drawings and specifications. 8. Provide a summary table & required ROW parcels. (If AUTHORIZED as an Additional Service.) q) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Addendum to previous Engineering Letter Report (ELR). ) Submit computer model file, results and calculations used to analyze drainage. s) Conduct Project review meeting with City staff to review and receive City comments on the Draft Addendum to previous ELR as scheduled by City Project Manager. t) Assimilate all City review comments of the Draft Addendum to previous ELR and provide one (1) set of the Final Addendum to previous ELR (electronic and hard copies using City Standards as applicable) suitable for reproduction. u-} Assist City in presenting summary of ELR findings to the Bicycle and Pedestrian 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) The preliminary budget, specifying the funds available for construction. 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. h) Preliminary Traffic Impact Assessment. AMEND. NO. 1 EXHIBIT "A" Page 2 of 10 Any information marked proprietary, or copyrighted, provided by the City is authorized for use only by A/E, and on/yfor the intended purpose of this project. Any unauthorized use or 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) Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction {to be included under additional services). c) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to 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. ii) Provide Storm Water Pollution Prevention Plan, including construction drawings. e) Furnish one (1) set of the interim plans and bid documents (60% submittal - electronic and full-size 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 meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. g3 Provide one (1) set of the pre final plans and bid documents (90% submittal 14) review and approval purposes with revised estimates of probable costs. - - - - - ..o - - ---- -- - -- - ---- -- ---- -- - meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and specifications, and advise City of responding and non responding participants as appropriate and, upon Notice to Proceed. i) Provide one (1) set of the final (100%) plans and bid documents (unsealed and unstamped - electronic and hard copy using City Standards as applicable) for City's final review. AMEND. NO. 1 EXHIBIT "A" Page 3 of 10 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.. �} Prepare and submit monthly status reports to the Project Manager no later than - the last Wednesday of each month with action items developed from monthly progress and review meetings. See attachment 'A' for required form. m) Department of Licensing and Regulation (TDLR) for review and approval of acce'sibility requirements for pedestrian improvements (as authorized by Additional Services). 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. d) Prepare CIVCAST bid form spreadsheet(s). 3. Bid Phase. The A/E will: a) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c) 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. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e) 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. AMEND. NO. 1 EXHIBIT "A" Page 4 of 10 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. e) Prepare Authorization to Advertise (ATA). f) Prepare Agenda Memoranda and PowerPoint presentation for City Council Meeting. 4. Construction Administration Phase. The A/E will perform contract administration to include the following: a-) - - - 4) 4) 9 4) 4) i) agenda for critical construction activities and elements impacting the project. conformance to contract documents. Review and interpret field and laboratory tests. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the observation or continuous monitoring of the progress of construction. Prepare Assist the City in the preparation of change orders as authorized by the City. Review, evaluate and recommend for City consideration Contractor Value Engineering proposal. Attend final inspection with City staff, provide punch list items for Contractor upon successful completion of the project. 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. AMEND. NO. 1 EXHIBIT "A" Page 5 of 10 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) in -the -area TxDOT utility permit(s) Wetlands Delineation and Permit Temporary Discharge Permit NPDES Permit/Amendments (including SSC, NOI NOT) Texas Commission of Environmental Quality (TCEQ) Permits/Amendments, Nueces County Texas Historical Commission (THC) U.S. Fish and Wildlife Service (USFWS) U.S. Army Corps of Engineers (USACE) United States Environmental Protection Agency (USEPA) Texas Department of Licensing and Regulation (TDLR) Texas General Land Office (TGLO) Other agency project specific permit) • Condition I specifications of the Texas Society of Professional Surveyors' Manual of and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a-) Perform surveys to determine apparent right of way widths. 14) title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right of way to be acquired. Provide a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. d} Prepare Metes and Bounds Instrument with supporting exhibits as required and agreed upon, subsequent to the ELR acceptance, for ROW parcels, utility 2a. Topographic Survey and Parcel Descriptions ROW/Esmt. Verification. All work must be tied to and conform with the City's Global Positioning System (GPS) control AMEND. NO. 1 EXHIBIT "A" Page 6 of 10 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 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 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. �1 Environmental Issues. Identify and develop a scope of work for any testing, handling during construction. (Not included in the scope of this contract.) 2b. Additional Topographic Surveys for Flow Meters. Topographic survey work required at the Riviera, Laguna Shores, Flour Bluff and Waldron Lift Stations for the design and preparation of construction documents for the installation of flow meters. This work shall be performed to the standards specified in Item 2a above. Provide subsurface utility engineering in accordance with ASCE Standard "ASCE _ uidclinc for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro excavation. Tho propoced subsurface utility investigation will be as follows: +) Excavation The survey scope includes working with a subsurface utility cxcavator to perform Quality Level A investigation of undcrground utilities in specified areas through the project limit. (Quality Levcl A involves the use of nondestructive digging cquipmcnt at critical points to dctcrmino • at this quality level will be physically located and tied to the topographic survey control. The utility will be idcntificd and an elevation will bo obtained to the top of the utility. Utility Location The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and AMEND. NO. 1 EXHIBIT "A" Page 7 of 10 correlating this information with existing utility records.) These utilities locations. #i) Storm Water Storm watcr facilities within the projcct limits will bo located to Quality Level C. Locations will be based on the surveyed locations of acceccible 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 acceccible wastewater manholes. Wastewater lines that arc not to bo 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. vi) Gas Gas 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 A/E will coordinate this activity. vii-) b-) Inform local franchises whose utilities fall within the footprint of construction related excavation of the potential for encountering their utility lines during - -- e 3. Construction Phase Assistance (Time and Materials upon Request). NE 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 NE 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. 4. 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 dwg format 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. AMEND. NO. 1 EXHIBIT "A" Page 8 of 10 8, Start up Services. Provide on-site services and verification for all start up procedures during actual start up of major Project components, systems, and related appurtenances if needed and required. 9. Warrant Phase. Provide a maintenance guaranty inspection toward thc cnd of the one year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under thc maintenanco guaranty terms of the contract. Document the condition and prepare a report for the City the inspection and prepare the report no later than sixty (60) days prior to the cnd of tho maintenance guaranty period. 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 Preliminary Phase Upon receipt of NTP Submit Draft ELR Addendum 2 Months after receipt of NTP City Draft Review & Comments 1 Month Submit Final ELR Addendum 1 Month after receipt of comments from City City Final Review & Comments 1 Month Submit Sealed ELR Addendum 2 Weeks after receipt of comments from City Begin Construction Documents After approval of ELR Deliver 60% Construction Docs 4 Months after approval of ELR City Review and Comments 1 Month Deliver 100% Construction Docs 3 Weeks after receipt of comments from City City Review and Comments 1 Month Deliver Sealed Construction Docs 2 Weeks after receipt of comments from City Bid Project 2 Months Construct Project 12 Months after Project Award (Subst. Compl.) Project Close Out 1 Month after Subst. Completion III. FEES A. Fee for Basic Services. The City will pay the NE 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, NE will submit monthly statements for basic services rendered. The statements will be based upon NE'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 NE's monthly statements. AMEND. NO. 1 EXHIBIT "A" Page 9 of 10 B. Fee for Additional Services. For authorized Additional Services, the A/E 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 (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.) AMEND. NO. 1 EXHIBIT "A" Page 10 of 10 Original Contract Amendment No. 1 Total Street Wastewater Storm Water Water Gas Basic Services Fees 1. Preliminary Phase (FF) $0.00 $0.00 $ 65,507.12 $0.00 $0.00 $0.00 $ 65,507.12 2. Design Phase (FF) $0.00 $0.00 $ 245,497.86 $0.00 $0.00 $0.00 $ 245,497.86 3. Bid Phase (FF) $0.00 $0.00 $ 13,333.65 $0.00 $0.00 $0.00 $ 13,333.65 Subtotal Basic Services Fees $0.00 $ 324,338.63 $0.00 $0.00 $0.00 $ 324,338.63 Additional Services Fees (Allowance) 1a. Permitting: TxDOT (FF) (Authorized) $0.00 $0.00 $ 4,086.89 $0.00 $0.00 $0.00 $ 4,086.89 1 b. Permitting: USACE (FF) (Authorized) $0.00 $0.00 $ 27,016.79 $0.00 $0.00 $0.00 $ 27,016.79 2a. Topographic Survey & ROW/Esmt. Verification (FF) (Authorized) $0.00 $0.00 $ 64,600.00 $0.00 $0.00 $0.00 $ 64,600.00 2b. Add'I Topographic Surveys for Flow Meters (FF) (Authorized) $0.00 $0.00 $ 10,700.00 $0.00 $0.00 $0.00 $ 10,700.00 3. Construction Phase Assistance (T&M) (Authorized) $0.00 $0.00 $ 42,398.16 $0.00 $0.00 $0.00 $ 42,398.16 4. Preparation of Record Drawings (FF) (Authorized) $0.00 $0.00 $ 6,836.84 $0.00 $0.00 $0.00 $ 6,836.84 5. Initial Small Contract (FF) (Authorized) $49,840.00 $0.00 $ 0.00 $0.00 $0.00 $0.00 $ 49,840.00 Sub -Total Additional Services Fees $49,840.00 $0.00 $ 155,638.68 $0.00 $0.00 $0.00 $ 205,478.68 Total Authorized Fee $49,840.00 $0.00 $ 479,977.31 $0.00 $0.00 $0.00 $ 529,817.31 (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.) AMEND. NO. 1 EXHIBIT "A" Page 10 of 10 EXHIBIT "A-1" AMENDMENT NO. 1 CITY OF CORPUS CHRISTI, TEXAS Laguna Shores Road WW Forcemain Replacement Project No. E10054 TASK LIST GENERAL Contract Amendment No. 1 to the Laguna Shores Road WW Forcemain Replacement Project includes Preliminary, Design, and Bid Phase services and associated Additional Services, as described herein, for the installation of a WW forcemain from Graham Road to the Laguna Madre WWTP, a new small Gateway LS, a new WW gravity line to the Gateway LS, and five (5) WW flow meters. The Project Construction Budget is $5.2 million. Exhibit "A", I. A. - BASIC SERVICES Preliminary Phase (Fixed Fee) Provide Preliminary Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services with the following conditions: Preliminary Phase Services will include: - Field reconnaissance of forcemain route; - Wetland determinations and coordination with USACE; - Field reconnaissance of lift station sites for flow meters; - Sizing of new, single WW forcemain; - Feasibility research for installation of new Gateway Lift Station on City park property; - Sizing of new Gateway Lift Station; - Current evaluation of USACE requirements; - Current evaluation of TxDOT requirements; - Update construction cost estimates; - Preparation of an Addendum to the previous Engineering Letter Report (ELR); and - Coordination and review with City staff. Preliminary sizing of proposed forcemain and lift station pumps and wet well will be based upon average daily and peak wet WW flow rates. Modification of the existing Flour Bluff pump model and assessment of proposed forcemain size and lift station pumps under pumping conditions will be performed by another vendor under contract with the City and is not included in the scope of this Contract. LJA will coordinate with the City as necessary. AMEND. NO. 1 EXHIBIT "A-1" Paae 1 of 4 Exhibit "A", I. A. 1 - Clarification LJA 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 Preliminary Phase, LJA's point of contact for Project decisions will be the City's Project Manager. 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 LJA 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, LJA's point of contact for Project decisions will be the City's Project Manager. 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. 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 NE as AMEND. NO. 1 EXHIBIT "A-1" Paae 2 of 4 a Time & Materials Additional Service upon request as described in Exhibit 'A'. Exhibit "A", I. B. - ADDITIONAL SERVICES (Subject to Authorization) 1 a. TxDOT Permitting (Fixed Fee) Coordinate with TxDOT and prepare, submit and coordinate approval of TxDOT utility permit(s). 1 b. USACE Permitting (Fixed Fee) Coordinate with USACE and prepare, submit and process required permits. Preparation and processing of an Individual Permit (IP) is not anticipated as necessary and is not included in the scope of services of this Contract. If it is discovered that an IP is required by the USACE, a contract amendment for additional fees will be required. 2a. Topographic Survey & ROW/Esmt. Verification (Fixed Fee) LJA will perform topographic surveys of the proposed new WW improvements, verify adequacy of existing rights-of-way and easements to contain recommended WW improvements, and make recommendations for additional ROW/esmts., if necessary. This work covers the proposed new WW force main, WW gravity line and new Gateway Lift Station. It is assumed that the proposed improvements can be constructed in existing City rights-of-way and easements. If it is determined that additional right- of-way and/or easements are required, a contract amendment for additional fees will be required in order to perform the necessary acquisition services. 2b. Additional Topographic Survey for Flow Meters (Fixed Fee) LJA will perform topographic surveys of the Riviera, Laguna Shores, Flour Bluff, and Waldron Lift Station sites for purposes of preparing Plan and Profiles of the flow meter installations. 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. AMEND. NO. 1 EXHIBIT "A-1" Paae 3 of 4 Additional Contract Exclusions: 1. City Staff has stated that Public Meetings are not required on this Project. As such, engineering services related to Public Meetings are excluded from this Contract. 2. Geotechnical Services are not included in this Contract. The A/E will provide the City with the required scope of geotechnical services for the Project. Geotechnical Services will be provided by another vendor contracted with the City. 3. S.U.E. services are excluded from this contract. AMEND. NO. 1 EXHIBIT "A-1" Paae 4 of 4 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 07127100 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% 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 � SUPPLIER NUMBER �i11 TO BE ASSIGNED BY CITY PURCHASING DIVISION City of Corpus Chnsti 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, Inc. P. O. BOX: STREET ADDRESS: 820 Buffalo Street FIRM IS: 1. Corporation 19 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 Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A 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 ineneral 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 l 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: Patrick D. VetetgI .E. Title: Vice President (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. 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 Cho 1i Engineering Laguna Shores Road Force Main Replacement Council Presentation February 23, 2016 Project Location Corpus CYrr sti Engineering Project Location Corpus CFir sti Engineering Project Location New Force Main (From Graham Rd. to Laguna Shores W.W.T.P.) 3 Project Scope Engineering 1. A new force main from Graham Road to Laguna Madre WWTP; 2. Inter -connects between the new force main and the existing force main from Graham Rd to the Laguna Madre WWTP; 3. A new Gateway Lift Station; 4. A new gravity wastewater line beneath SPID; 5. Install flow meters at Riviera LS, Laguna Shore LS, Waldron LS, Flour Bluff LS and new Gateway LS . Project Schedule 4.:.s _:.1 , Chir sti Engineering 2016 2017 1 2018 Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Design Mar Apr May Bid & Award Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Construction Project Estimate: 840 Calendar Days = 28 Months Projected Schedule reflects City Council award in February 2016 with anticipated construction completion by June 2018. AGENDA MEMORANDUM First Reading Item for the City Council Meeting of February 23, 2016 Second Reading Item for the City Council Meeting of March 8, 2016 DATE: TO: January 21, 2016 Ronald L. Olson, City Manager FROM: E. Jay Ellington, Director Jayell(c�cctexas.com 361-826-3460 Update to Code of Ordinances regarding campfires on the Gulf of Mexico Beaches CAPTION: Ordinance Amending the Code of Ordinances Section 10-67 regarding campfires on Gulf of Mexico Beaches; providing for penalties; providing for severance; and providing for publication. PURPOSE: Update Code of Ordinance Section 10-67 regarding campfires on the Gulf Beach to increase the distance campfires must be from structures and require campfire to be completed doused before covering with sand. BACKGROUND AND FINDINGS: The Watershore and Beach Advisory Committee was asked by concerned visitors, residents and business owners to review the current ordinance regarding campfires on the Gulf of Mexico beaches. In recent years there have been an increasing number of brush fires on the island. In addition, there have been reported incidents of people being hurt and vehicles being damaged by covered fire pits along the beach that are still hot or have debris with sharp edges or nails because inappropriate materials were used for firewood. The update to the ordinance extends the distance from permanent structures that campfires can be built; states what material may not be used in a campfire on the beach; requires a campfire to be completely doused before covering with sand. These changes were approved by the Watershore and Beach Advisory Committee on Thursday, February 4, 2016. In addition, the Fire Marshal has reviewed and approved the update. ALTERNATIVES: Do not approve the changes to the ordinances OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: City Council must approve all proposed changes to the City Code of Ordinances EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal 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): General Fund Comments: none RECOMMENDATION: Staff recommends approval of this request LIST OF SUPPORTING DOCUMENTS: Ordinance 1 ORDINANCE AMENDING THE CODE OF ORDINANCES SECTION 10-67 REGARDING CAMPFIRES ON GULF OF MEXICO BEACHES; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Code of Ordinances, Section 10-67 is revised. The deleted text is shown below in strike -through text, and the new text is shown below in underlined text. "Sec. 10-67. - Fires regulated. (a) As used in this section: (1) Campfire means a fire contained in a barbecue pit constructed and maintained by the city, or in a portable barbecue pit, or an open fire in a fire pit or on the ground, and is not larger than three (3) feet in any dimension. (b) No person may build, operate, or use a fire on any beach along the Gulf of Mexico unless in accordance with the provisions of this section. (c) A person may build, operate, or use a campfire on a beach along the Gulf of Mexico, only if the person complies with all of the following conditions: (1) The campfire is at least fifty (50) two hundred and fifty (250) feet from any permanent structure, at least seventy-five (75) feet from any vegetation line or dune, and at least twenty-five (25) feet from any vehicle with combustible fuel; and.; and However, a campfire constructed adjacent to the Packery Channel rock jetties is not prohibited by this subsection, subject to compliance with all other conditions of this subsection and section. (2) The prevailing wind will not blow embers into or beyond the dunes. Any wind coming from between the easterly and southerly direction that exceeds twenty (20) miles per hour as reported by the National Weather Service at the Corpus Christi Airport is considered capable of blowing embers into and beyond the dunes. Embers from the campfire do not reach dune vegetation. - - _ _ .. _ .. _ _ _ - • _ - _ _ beyond the dunes. Any wind coming from between the easterly and southerly direction that exceeds twenty (20) miles per hour as reported by the National Weather Service at the Corpus Christi Airport is considered capable of blowing embers into and bcyond the dunes. (3) The campfire is constructed with materials that only leave ashes or coal residue. The campfire may not be constructed with pallets, plastics, furniture, or any objects that leave metal or other hazardous residue. (d) All campfires must be extinguished when no longer in use. No hot embers may be left on or buried in the sand. Embers must be thoroughly doused with water and cool to the touch before the person who built the campfire leaves the site. " K:\ParkRec\SHARED\AGENDA ITEMS\Council Meetings\2016\2 February 23\16-0204 Campfire ordinance\Ordinance-Campfire Ordinance Update.docx 2 (Ord. No. 24737, § 3, 1-22-2002) SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 10-97 of the City Code of Ordinances as amended, which currently reads as follows: "Sec. 10-97. - Penalties. (a) A person convicted of an offense for a violation of any provision of this chapter shall be fined not more than five hundred dollars ($500.00). Each day any violation of this chapter shall continue shall constitute a separate offense. (b) Any person who violates either the Dune Protection Act, the Open Beaches Act, the regulations issued by the general land office under either act, or a permit or certificate condition is liable for a civil penalty of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00) per violation per day. Each day the violation occurs or continues constitutes a separate violation. Violations of the Dune Protection Act, the Open Beaches Act, and the rules adopted pursuant to those statutes are separate violations. The assessment of penalties under one (1) act does not preclude another assessment of penalties under the other act. Conversely, compliance with one (1) statute and the rules adopted thereunder does not preclude penalties under the other statute and the rules adopted pursuant to that statute." 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 takes effect upon publication. K:\ParkRec\SHARED\AGENDA ITEMS\Council Meetings\2016\2 February 23\16-0204 Campfire ordinance\Ordinance-Campfire Ordinance Update.docx 3 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 Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas 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 Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor K:\ParkRec\SHARED\AGENDA ITEMS\Council Meetings\2016\2 February 23\16-0204 Campfire ordinance\Ordinance-Campfire Ordinance Update.docx AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of 02/23/2016 Second Reading Ordinance for the City Council Meeting of 03/08/2016 DATE: 02/16/2016 TO: Ronald L. Olson, City Manager THROUGH: Alyssa M. Barrera, Business Liaison FROM: Jim Salamenta, General Manager, American Bank Center jims@cctexas.com (361) 826-4700 Appropriating funds for American Bank Center Security Upgrades CAPTION: Ordinance appropriating $176,500 from the unreserved fund balance in the No. 1130 Arena Facility Fund and transferring to and appropriating in the No. 4710 Visitors Facility Fund for the purchase of security equipment at the American Bank Center; and amending the FY 2015-2016 operating budget adopted by Ordinance No. 030620 to increase expenditures in the Arena Facility Fund by $176,500 and increase expenditures in the Visitors Facility Fund by $176,500 each. PURPOSE: The purpose of this item is to approve appropriations to fund American Bank Center Security Upgrades in order to maintain a safe and secure environment for guests, clients, tenants and employees. BACKGROUND AND FINDINGS: Prompted by violent, international tragedies, the stadium and arena industry is increasing security measures. Recently several major concert promoters have increased security requirements, including patron screening through the use of walk-through metal detectors and hand-held metal detecting wands. SMG/American Bank Center also completed a Security/Threat Assessment of the facility and found several areas where improvements are needed to help reduce our exposure to security threats. SMG needs the following items to address these risks and comply with increased security requirements: Item Description Total 10 Metal Detectors 9 regular & 1 ADA Compliant Walk -Through Metal Detectors. These detectors will improve building security. $50,000.00 Clear Bags Bulk Purchase of clear bags to eliminate the need for clients to carry in backpacks, purses and diaper bags. $1,500.00 Fence & Actuated Fence and actuated gate at the Guard Shack will $70,000.00 Gate allow us to secure the back of the Arena. Exterior Security Cameras to cover "blind spots" and to monitor the Cameras exterior of the Arena more effectively. Lighting is needed to help improve the visibility to the Exterior LED Lights back of the Arena. TOTAL $45,000.00 $10,000.00 $176,500.00 On February 15, 2016, the Type A Board motioned to recommend approval of this request. Funds will come from the Reserves of the voter authorized 118th cent sales tax, dedicated to the Arena until 2028. ALTERNATIVES: N/A OTHER CONSIDERATIONS: If SMG/American Bank Center cannot provide increased security measures, many shows may not visit the American Bank Center Arena, which will negatively impact future revenue potential. CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON -EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Corpus Christi Business & Job Development Corporation (Type A) 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 0 $607,797.77 $607,797.77 Encumbered / Expended Amount 0 ($21,736.77) ($21,736.77) This Item 0 ($176,500.00) ($176,500.00) BALANCE 0 $409,561.00 $409,561.00 Fund(s): Visitors Facility Fund Comments: None. RECOMMENDATION: Staff recommends that funding be awarded for increased security measures in the amount of $176,500.00 in FY16. LIST OF SUPPORTING DOCUMENTS: Ordinance — American Bank Center Security Upgrades PowerPoint Presentation — American Bank Center Security Upgrades Ordinance Appropriating $176,500 from the unreserved fund balance in the No. 1130 Arena Facility Fund and transferring to and appropriating in the No. 4710 Visitors Facility Fund for the purchase of security equipment at the American Bank Center; and amending the FY 2015-2016 operating budget adopted by Ordinance No. 030620 to increase expenditures in the Arena Facility Fund by $176,500 and increase expenditures in the Visitors Facility Fund by $176,500 each. Whereas the following actions having been passed by the Corpus Christi Business and Job Development Corporation on February 15, 2016; Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $176,500 is appropriated from the unreserved fund balance in the No. 1130 Arena Facility Fund and transferred to and appropriated in the No. 4710 Visitors Facility Fund for the purchase of security equipment at the American Bank Center. SECTION 2. That the FY 2015-2016 operating budget adopted by Ordinance 030620 is amended to increase expenditures in the Arena Facility Fund by $176,500 and increase expenditures in the Visitors Facility Fund by $176,500 each. 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 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas 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 Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the day of ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor New Security Needs AmericanBank CENTER 11101,14.11e ENIC11.11111nent and Core erence Venue bloocoonertr - Recent and increasing violent activities in and around stadiums and arenas require SMG/American Bank Center to update current security and safety measures -Major concert promoters have increased security demands -SMG/American Bank Center completed a security/ threat assessment and several areas need improvement Items Requested AmericanBank CENTER adld Item Total 10 Metal Detectors Clear Bags Fence & Actuated Gate LED Lights Exterior Security Cameras TOTAL 9 regular & 1 ADA Compliant Walk -Through Metal Detectors. These detectors will improve building security. Bulk Purchase of clear bags to eliminate the need for clients to carry in backpacks, purses and diaper bags. Fence and actuated gate at the Guard Shack will allow us to secure the back of the Arena. $50,000.00 $1,500.00 $70,000.00 Cameras to cover "blind spots" and to monitor the exterior of the Arena $10,000.00 more effectively. Lighting is needed to help improve the visibility to the back of the Arena. $45,000.00 $176,500.00 *Items of Priority: Metal Detectors and Clear Bags AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of February 23, 2016 Second Reading Ordinance for the City Council Meeting of March 8, 2016 DATE: 2/1/2016 TO: Ronald L. Olson, City Manager FROM: Dan McGinn, AICP CFM, Interim Director, Development Services DanielMc@cctexas.com (361) 826-3595 Approval of agreement and appropriating funds for MPM Development, L.P., for the construction of water arterial transmission and grid main line CAPTION: Ordinance authorizing city manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with MPM Development, L.P. ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $97,133.33 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. PURPOSE: MPM Development, L.P., is required to install 994 linear feet of 12 -inch water arterial grid main extension in order to provide adequate water to a proposed residential subdivision development. The subdivision is located south along Holly Road, east of Ennis Joslin Road and south of Paul Jones Avenue. BACKGROUND AND FINDINGS: Per Section 8.5.1.0 (1) Credits and Reimbursements of the Unified Development Code ("UDC"), MPM Development, L.P., is requesting a Reimbursement Agreement for the development of Parkview Unit 4 as shown on the final plat. The subdivision is located south along Holly Road, east of Ennis Joslin Road and south of Paul Jones Avenue. The development requires the extension of 994 linear feet of 12 -inch water arterial grid main in order to provide adequate water to the property. A layout of existing and proposed improvements is included as Exhibit 3. The 12 -inch waterline is eligible for full reimbursement from the Water Arterial Transmission and Grid Main Trust Fund. The Water Master Plan calls for the construction of a 12 -inch water arterial grid main south of Holly Road on Oso Parkway. If the actual costs for installation of such arterial transmission and mains are greater than the lot or acreage fee, the developer shall be reimbursed (less any lot or acreage fee credits) from funds available from the Water Arterial Transmission and Grid Main Trust Fund for that portion of the arterial transmission and grid main installed by the developer. In this case, the total construction cost of the 12 -inch water arterial grid main is $103,554.00 minus the lot/acreage fee of $6,420.67 which equals $97,133.33. ALTERNATIVES: Disapproval of the Reimbursement Agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The developer will be extending a water grid main to serve the proposed residential development and has requested a Reimbursement Agreement, as provided in the Unified Development Code. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance 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 $2,171,933.94 Encumbered / Expended Amount $ 739,262.62 This item $97,133.33 BALANCE $1,335,537.99 Fund(s): Water Arterial Transmission Grid Main Trust Fund Comments: RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Maps ORDINANCE AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE A WATER ARTERIAL AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT ("AGREEMENT") WITH MPM DEVELOPMENT, L.P., ("DEVELOPER"), FOR THE CONSTRUCTION OF A WATER ARTERIAL TRANSMISSION AND GRID MAIN LINE AND APPROPRIATING $97,133.33 FROM THE NO. 4030 ARTERIAL TRANSMISSION AND GRID MAIN TRUST FUND TO REIMBURSE THE DEVELOPER IN ACCORDANCE WITH THE AGREEMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement"), attached hereto, with MPM Development, L.P., ("Developer"), for the extension of a 12 -inch water arterial transmission and grid main line, including all related appurtenances, for the development of Parkview Unit 4 Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $97,133.33 is appropriated from the No. 4030 Arterial Transmission and Grid Main Line Trust Fund to reimburse the Developer for the construction of the water arterial transmission and grid main line improvements in accordance with the Agreement. 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 Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas 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 Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Water Arterial Transmission and Grid Main Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home - rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and MPM Development, LP ("Developer "), 426 S. Staples, Corpus Christi, Texas 78401. WHEREAS, the Developer, in compliance with the Unified Development Code ("UDC"), proposes to final plat the Property as shown on the attached final plat known as Parkview Unit 4 ("Development"), as shown in Exhibit 1 (attached and incorporated); WHEREAS, under the UDC and as a condition of such plat of Parkview Unit 1, Developer is required to construct a public waterline in order to record such plat; WHEREAS, Developer has submitted an application for reimbursement of the costs of extending a 12 -inch waterline from the existing 12 -inch waterline located on the south side of Holly Road for a distance of 994 linear feet in order to extend water grid main along Oso Parkway and consistent with the Unified Development Code (Exhibit 2); WHEREAS, it is in the best interests of the City to have the 12 -inch waterline on Holly Road for a distance of 994 linear feet installed by Developer in conjunction with the final plat; WHEREAS, Resolution No. 026869 authorized the acceptance of applications to be eligible for reimbursement in the future when funds are fully available in, and are appropriated by City Council, the Arterial Transmission and Grid Main Line Trust Fund as per the UDC, Section 8.5.1.C(1), and WHEREAS, Chapter 212 of the Texas Local Government Code authorizes a municipality to make a contract with a Developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; NOW, THEREFORE, in consideration set forth hereinafter and in order to provide a coordinated waterline construction project, the City and Developer agree as follows: Subject to the terms of this Agreement and the plat of Parkview Unit 4, Developer will construct the 12 -inch waterline for and on behalf of the City in accordance with the plans and specifications as are approved by the City Engineer on behalf of the City. 1. REQUIRED CONSTRUCTION The Developer shall construct the 12 -inch waterline improvements, in compliance with the City's UDC and under the plans and specifications approved by the Development Services Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the construction of the 12 -inch waterline, as shown in Exhibit 3, with the following basic design: 1. Install 994 linear feet of 12 -inch PVC waterline pipe. 2. Install one (1) 30" tapping sleeve with 12" tapping gate valve box. 3. Install two (2) caps tapped for 2". 4. Install five (5) 12" tees. 5. Install two (2) 12 -inch gate boxes. 6. Install two (2) fire hydrant assemblies. 7. Install two (2) 6 -inch gat valve with boxes. 8. Install six (6) 90 degree EL 9. Install six (6) diameter x 30 PVC pipe nipples. 10.Install lump sum pavement patching. b. The plans and specifications must comply with City Water Distribution Standards and Standard Specifications. c. Before the Developer starts construction the plans and specification must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS Prior to the start of construction of the 12 -inch waterline improvements, Developer shall acquire and dedicate to the City the required additional utility easements "Easements", if necessary for the completion of the 12 -inch waterline. if any of the property needed for the Easements is owned by a third party and Developer is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 4 vFinal Standard Form Reimbursement Agreement Template Version 1.0 6.2.14 Page 2 of 10 4. PLATTING FEES Developer shall pay to the City of Corpus Christi the required acreage fees and pro -rata fees as required by the UDC for the area of the improvements for the construction of the 12 -inch waterline. The required acreage fees Developer is to pay to the City under the UDC for the 12 -inch waterline improvements will be credited to Developer provided that an application for credit, including cost - supporting documentation, has been submitted to the Assistant City Manager of Development Services prior to the installation of the 12 -inch waterline and is approved. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS Developer shall award a contract and complete the improvements to 12 -inch waterline, under the approved plans and specifications, by March 8, 2017. 6. TIME IS OF THE ESSENCE Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT The following events shall constitute default: a. Developer fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval by City Council. b. Developer's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. c. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer's contractor does not reasonably pursue construction of the project under the approved plans and specifications. e. Developer's contractor fails to complete construction of the project, under the approved plans and specifications, on or before March 8, 2017. f. Either the City or Developer otherwise fails to comply with its duties and obligations under this Agreement. Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 4 vFinal Standard Form Reimbursement Agreement Template Version 1.0 6.2.14 Page 3 of 10 9. NOTICE AND CURE a. In the event of a default by either party under this Agreement, the non - defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non -defaulting party may pursue its remedies in this section. d. Should Developer fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer, at the address stated above, of the need to perform the obligation or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer. e. In the event of an uncured default by the Developer, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default. 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project. 3. Perform any obligation or duty of the Developer under this agreement and charge the cost of such performance to Developer. Developer shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer receives notice of the cost of performance. In the event that Developer pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer has all its remedies at law or equity for such default. 10. FORCE MAJEURE a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 4 vFinal Standard Form Reimbursement Agreement Template Version 1.0 6.2.14 Page 4of10 acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1. If to the Developer: Mossa Moses Mostaghasi General Partner MPM Development, LP 426 S. Staples Corpus Christi, Texas 78401 2. If to the City: City of Corpus Christi 1201 Leopard Street (78401) P.O. Box 9277 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Retum Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change of address for notices by giving notice of the change under the provisions of this section. 12. THIRD -PARTY BENEFICIARY Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS Developer shall require its contractor for the construction of the project, before beginning the work, to execute with Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 4 vFinal Standard Form Reimbursement Agreement Template Version 1.0 6.2.14 Page 5 of 10 excess of $25,000. The performance and payment bond must comply with Texas Govemment Code, Chapter 2253 and must be in the form and substance as attached to this Agreement. 14. WARRANTY Developer shall fully warranty the workmanship of and function of the 12 -inch waterline improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City Engineer. 15. REIMBURSEMENT a. Subject to the appropriation of funds, the City will reimburse the Developer 100% of the reasonable cost of the 12 -inch waterline improvements, not to exceed $97,133.33. See attached cost estimate (Exhibit 4). b. Subject to the appropriation of funds, the City agrees to reimburse the Developer on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 -days from the date of the invoice. Developer shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement as detailed in Exhibit 5. c. To be eligible for reimbursement, the work completed in a good and workmanlike manner, and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreement is terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer. 16. INDEMNIFICATION DEVELOPER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE DEVELOPER'S FAILURE TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT OR TO Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 4 vFinal Standard Form Reimbursement Agreement Template Version 1.0 6.2.14 Page 6 of 10 PROVIDE CITY WATER SERVICE TO THE DEVELOPMENT, INCLUDING INJURY, LOSS, OR DAMAGE 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 CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT DESCRIBED ABOVE, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES, WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SPECIFICALLY INCLUDES ALL CLAIMS, DAMAGES, AND LIABILITIES OF WHATEVER NATURE, FORESEEN OR UNFORESEEN, UNDER ANY HAZARDOUS SUBSTANCE LAWS, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (A) ALL FEES INCURRED IN DEFENDING ANY ACTION OR PROCEEDING BROUGHT BY A PUBLIC OR PRIVATE ENTITY AND ARISING FROM THE PRESENCE, CONTAINMENT, USE, MANUFACTURE, HANDLING, CREATING, STORAGE, TREATMENT, DISCHARGE, RELEASE OR BURIAL ON THE PROPERTY OR THE TRANSPORTATION TO OR FROM THE PROPERTY OF ANY HAZARDOUS SUBSTANCE. THE FEES FOR WHICH THE DEVELOPER SHALL BE RESPONSIBLE UNDER THIS SUBPARAGRAPH SHALL INCLUDE BUT SHALL NOT BE LIMITED TO THE FEES CHARGED BY (I) ATTORNEYS, (II) ENVIRONMENTAL CONSULTANTS, (III) ENGINEERS, (IV) SURVEYORS, AND (V) EXPERT WITNESSES. (B) ANY COSTS INCURRED ATTRIBUTABLE TO (I) THE BREACH OF ANY WARRANTY OR REPRESENTATION MADE BY DEVELOPER/OWNER IN THIS AGREEMENT, OR (II) ANY CLEANUP, DETOXIFICATION, REMEDIATION, OR OTHER TYPE OF RESPONSE ACTION TAKEN WITH RESPECT TO ANY HAZARDOUS SUBSTANCE ON OR UNDER THE PROPERTY REGARDLESS OF WHETHER OR NOT THAT ACTION WAS MANDATED BY THE FEDERAL, STATE OR LOCAL GOVERNMENT. THIS INDEMNITY SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THE AGREEMENT. Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 4 vFinal Standard Form Reimbursement Agreement Template Version 1.0 6.2.14 Page 7 of 10 17. ASSIGNMENT OF AGREEMENT This Agreement may be assigned by Developer to another with the written consent of the City's City Manager. 18. COVENANT RUNNING WITH THE LAND This Agreement is a covenant running with the land, Parkview Unit 4, a subdivision in Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer's successors or assigns. 19. DISCLOSURE OF OWNERSHIP INTERESTS Developer further agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 6. 20. AUTHORITY All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 21. EFFECTIVE DATE This Agreement shall be executed in one original, which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Developer from and after the date that all original copies have been executed by all signatories. EXECUTED IN ONE original, *this day of , 2016. SIGNATURES FOUND ON PAGES 9 and 10. Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 4 vFinat Standard Form Reimbursement Agreement Template Version 1.0 6.2.14 Page 8 of 10 Developer Mossa Moses Mostaghasi, General Partner MPM Development, LP 426 S. Staples Corpus Christi, Texas 78401 By: Mossa o es Mostaghasi General Partner THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Mossa Moses Mostaghasi, eral Partn MPM Development, LP, and acknowledged before me on the day of l(vM�, 2016. Notary Public, State of Texas Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 4 vFinal Standard Form Reimbursement Agreement Template Version 1.0 6.2.14 Page 9 of 10 CITY OF CORPUS CHRISTI: ATTEST: By: By: Rebecca Huerta Dan McGinn City Secretary Development Services Director THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Rebecca Huerta, City Secretary, for the City of Corpus Christi, Texas, and acknowledged before me on the day of 2016. Notary Public, State Of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Ronald Olson, City Manager, for the City of Corpus Christi, Texas, and acknowledged before me on the day of 2016. Notary Public, State Of Texas APPROVED AS TO FORM: This 1J.1 day of ;- A. JullEan Grant, Senior Assistan Ci Attorney For the City Attorney 2016. Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 4 vFinal Standard Form Reimbursement Agreement Template Version 1.0 6.2.14 Page 10 of 10 Ohl 10* 1410 i! IP1wx el;R -- 7i'4 moat 1 h h 1 Rti) - a a 1:11 Ogg 3 1r W V Ig 1 I 0 ° i Pil !IV i 1; Pi! i _TT 1:i 4 b 111 I dilb ;inh inyi l!ii , V/ li .7 91 e th4,„, - lE0 ii: -..:,--z--==1• I eas,1Ai 14 ® -: a • � r a N 4- cm 0 0 4ff RN*�IC No WIC lo., Y, 121.. 77t. al. WMMj1 eor II LOT 1i 10' om AI 1156x .0 LAT a ear 561'21'56"E 41229' 11.1131= cept$0,s i07>t ---- - "Wm"- "m"- ^— 1 AefDoa Y`LAMM¢ °" j I *ma t,�#71-4 h21t -41i \14,;- G2/--__._.�1.-..--il7Q_.-lRiL.�TO_--_S!9£-JPO / I atilt IL/I.,LOn '00 SIOYd 531Y M -----ATA77Pii---_— 9 .11'IOC ],OI.ILN �� ,7 No-arar0 moa -10 iorri"---Aa—� 1 tII r i N '1 ---__.-.___ � �-�- I Ci A L -.MCO -_ --"VP-- J�� LL O. �,Li c3- -I N pi 528'34.10V e 561'21' 18"E w N 63 z 12) 1" Eg 4 t=)eg of 554 z po �° U O N •d -w 4 I J z z A Y V N a O U Ip I" L l �I h� II •\ OI XVI •L' ultl 7q NUM All Ol3CYt3 1a1., i , partr+n u,sv ISI ,.iL1f 1� =al Mt J J b I t LrZot0 pB Lo 1 L iL r --inc mn. -AI<r. titA orot ill 4' $- 11 I - .A our 2a.s.r 8S'EOl M„9l,JZ.t9N g L® pQ9Lt Y�01,1LQ _._.___ 'SO 1itNd 1137(1¢ ®I ,m!4I a.+t,l[JOS r- _ o 1 �1 _a I n�l,IL1C! r 5� i �1h ki gA n1 I yT-4v e I---"--1-J,00'x,91 h4,8l,1Z.19N I 0LL BL ,00'M„,I.Z.L9N 00'81 a'p 3"i4,8£.8ZN DID .1I.4 Ira liOttre 'Ow -2311 gig 'on 'atalsalni alum rum lir Vim 11101317 tOwt't'tnal ItmMama s.1+aru I 41, 105 ®s..i..ie itlit5 ash a b:s � Awa.ne``./' aae �qqil � q 1I DY Y (MA A 0 11311 ©Absi. A tig iti 1 $.• .54 t .1* il 4 elistA Sala 8 eilLd r APPLICATION FOR WATER LINE REIMBURSEMENT We, MPM Development, LP, P.O. Box 331308, Corpus Christi, Texas 78463, owners and developers of the proposed Parkview Unit 4 Subdivision, hereby request reimbursement of $97,133.33, as provided for by City Ordinance No. 17092. $97,133.33 is the construction cost, including 10% Engineering, Surveying, and Testing, in excess of the acreage fee, as shown by the cost supporting documents attached herewith. Mossa Mostaghasi, President MPM Development, LP. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on Mostaghasi, President of MPM Development, LP. �i 3"its*� CINDY WEND 1 ID #1179569.3 Notary Public TEXAS STATE OF My Comm. Exp. 11-04.2019 CERTIFICATION 06k I le Dat: 92\ Dolce ,.2915, by Mossa Public in a for Nueces County, unty, Texas The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Arterial Grid Main Trust Fund, and (b) Appropriation and approval by the City Council. Development Services Engineer Date) Exhibit 2 Page 1 of 2 APPLICATION FOR WATER LINE CREDIT We, MPM Development, LP, P.O. Box 331308, Corpus Christi, Texas 78463, owners and developers of proposed Parkview Unit 4 subdivision, hereby apply for $6A20.67 credit towards the water acreage lot fee for the installation of the water grid main as provided for by City Ordinance No. 17092. $103,554.00 is the construction cost, including 10% Engineering, Surveying, and Testing, as shown by the cost supporting documents attached herewith. It). 1 LL Mossa Mostaghasi, President D = e MPM Development, LP. THE STATE OF TEXAS § COUNTY OF NUECES § This Instrument Was acknowledged before me on Mossa Mostaghasi, President of MPM Development, LP. chi yu 1 y . v v• v v v v v v CINDY BUENO ID #11785883 Notary Public STATE OF TEXAS My Comm. 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PP e EP L .1 — ▪ • ♦% _ f 1-- 13 g�•. 01130.41t1 r 41 I1 il • Q \ ,. k IMNiii trill 1 M1111. 1 8111111 11111141 l! MMMU Lill lomat •111E111 NIB .e un us ihn KUM 1 73AI1 IMMI IIQJ slDl�anrtu! . !L•i as a/a7 Nxinl JIM ax.11llaa w! 8 2 11 8 a: 8 8 8 • 1 •. 0 1!' d ri E 1 M t W 11 8 y " o1: • 4, u 1 2 • a ESTIMATE SUMMAR OWEEETEBOM GEMMING 1 i 5515 likka E 1 i ■ 1 1 1 1 a 9 1 1'1 }r 1 1 1 1225 5 ■ 1 F 1 ■ I 1 1 1 5 !' 5; 1 ■ ■ ■2 i } 1 1 ! 1 1 F 1 f 1 t 1 1 1 1 co r— .a X W • a 0 1) 0 tn co 0 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No.100027-00 P.O. Box 6397 Corpus Christi, TX 78466.6397 PARKVIEW UNIT 4 OVERALL CONSTRUCTION ESTIMATE CORPUS CHRISTI, NUECES COUNTY, TX 08!05115 3054 S. Alameda St. 361 882-5521- FAX 361 882-1265 NORTH OSO PARKWAY IMPROVEMENTS AT PARK (EAST OF CL OF - STREET) REIMBURSEABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1. 4" HMAC 1256_ SY 34.00 42,704.00 2. 4" THICK CONCRETE WALK 4476 SF 3.75 16,785.00 3. 6" CURB & GUTTER 560 SY 14.00 7,840.00 4. 11" CRUSHED LIMESTONE BASE TO 2'BC 1505 SY 24.00 36,120.00 5. 8" LIME STABILIZED SUBGRADE TO 2'BC 1505 SY 8.00 12,040.00 6. EXCAVATION 1 LS 18,000.00 18,000.00 7- CLEARING AND GRUBBING 1 LS 4,000.00 4,000.00 TOTAL STREET & SURFACE ITEMS AT PARK $137,489.00 STREET & SURFACE ITEMS WEST OF CL OF NORTH OSO PARKWAY QUANTITY UNIT UNIT PRICE AMOUNT 1. 6" CURB & GUTTER 3066 LF 14.00 42,924.00 2. 4" THICK RIC WALK 12183 SF 3.75 45,686.25 3. 1 1/2" HMAC 950 SY 13.25 12,587.50 4. 2" HMAC 3729 SY 17.50 65,257.50 5. 4" HMAC 1286 SY 34.00 43,724.00 6. 11" CRUSHED LIMESTONE BASE TO 2'BC 1548 SY 24.00 _ _ 37,152.00 7. 8" LIME STABILIZED SUBGRADE TO 2'BC 6378 SY 8.00 51,024.00 8. 6" CRUSHED LIMESTONE BASE 950 SY 13.25 12,587.50 9. STREET SIGN 4 EA 350.00 1,400.00 10. EXCAVATION 1 LS 51,000.00 51,000.00 11. CLEARING & GRUBBING 1 LS 14,000.00 14,000.00 TOTAL STREET & SURFACE ITEMS $377,342.76 STORM SEWER ITEMS QUANTITY UNIT_ UNIT PRICE AMOUNT 1. 15" RCP 109 LF 32.00 3,488.00 2. _ 18" RCP 175 LF _ 36.00 6,300.00 3. 21" RCP 332 LF 44.00 14,608.00 4. 2r RCP 158 LF_ 50.00 7,900.00 5. 36" RCP 117 LF 54.00 6,318.00 6. 5' INLET 8 EA _ 3,500.00 28,000.00 7. R/C END -OF -PIPE STRUCTURE AT DITCH _ 1 EA 2,500.00 2,500.00 8. SWALE EXCAVATION 1 LS 22,000.00 22,000.00 TOTAL STORM SEWER ITEMS $91,114.00 SANITARY SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 10" PVC PIPE 822 LF 58.00 47,676.00 2. 8" PVC PIPE 1391 LF 48.00 66,768.00 3. FIBERGLASS MANHOLE 8 EA 3,900.00 31,200.00 4. 4" OR 6" PVC PIPE SERVICE 33 LF 480.00 15,840.00 TOTAL SANITARY SEWER ITEMS $161,484.00 GRID MAIN WATER ITEMS QUANTITY UNIT UNIT PRICE AMOUN 1. 112" PVC PIPE 994 LF 60.00 59,640.00 Exhibit 4 Page 1 of 3 NIXON M. WELSH, P.E, R.P.LS. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 3054 S. Alameda St. 361 882-5521- FAX 361 882-1265 2. 30" TAPPING SLEEVE W/12" TAPPING GATE VALVE W/BOX 1 EA 5,500.00' 5,500.00' 3. 12" CAP TAPPED FOR 2" 2 EA 700.00 1,400.00, 4. 12" TEE 5 EA 850.00 4,250.00 5. 12" GATE VALVE W/BOX 2 EA 3,200.00 6,400.00 6. FIRE HYDRANT ASSEMBLY 2 EA 3,600.00 7,200.00 7. 6" GATE VALVE W/BOX 2 EA 975.00 1,950.00 8. 6" 90° EL 6 EA 300.00 1,800.00 9. 6" DIAMETER X 30" PVC PIPE NIPPLE 6 EA 250.00 1,500.00 10. PAVEMENT PATCHING 1 LS 4,500.00 4,500.00 TOTAL GRID MAIN WATER ITEMS $94,140.00 WATER ITEMS - NON GRID MAIN QUANTITY UNIT UNIT PRICE AMOUNT 1. 8" PVC PIPE 350 LF 36.00 12,600.00 2. 8" EL 1 EA 275.00 275.00 3. 8" CAP TAPPED FOR 2" 1 EA 200.00 200.00 4. 6" PVC PIPE 1324 LF 32.00 42,368.00 5. 6" CAP TAPPED FOR 2" 3 EA 150.00 450.00 6. 6" GATE VALVE W/BOX 6 EA 975.00 5,850.00 7. 6" 90° EL 2 EA 200.00 400.00 8. FIRE HYDRANT ASSEMBLY 1 EA 3,600.00 3,600.00 9. 2" PE PIPE 696 LF 20.00 13,920.00 10. 2" VALVE 3 EA 525.00 1,575.00 9. WATER SERVICE, DOUBLE 15 EA 600.00 9,000.00 10. WATER SERVICE, SINGLE 4 EA 500.00, 2,000.00 TOTAL NON GRID MAIN WATER ITEMS $92,238.00 MISCELLANEOUS ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. TRAFFIC CONTROL & BARRICADING PLAN & PERMITTING (TRAFFIC CONTROL DURING CONSTRUCTION) 1 LS 1,000.00 1,000.00 2. TRENCH SAFETY FOR EXCAVATIONS (SANITARY SEWER & STORM SEWER PIPES OF ALL SIZES) 3929 LF 2.00 7,858.00 3. 4" PVC CONDUITS FOR AEP 200 LF 16.00 3,200.00 4. STORM WATER POLLUTION PREVENTION 1 LS 3,500.00 3,500.00 TOTAL MISCELLANEOUS ITEMS TOTAL CONSTRUCTION $15,558.00 $969,365.75 Exhibit 4 Page 2 of 3 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027.00 P.O. Box 6397 Corpus Christi, TX 78466-6397 PARKVIEW UNIT 4 GRID MAIN WATER CONSTRUCTION ESTIMATE CORPUS CHRISTI, NUECES COUNTY, TX 08/05/15 3054 S. Alameda St. 361 882-5521- FAX 361 882-1265 GRID MAIN WATER ITEMS QUANTITY UNIT UNIT PRICE I AMOUNT 1. 12" PVC PIPE 994 LF 60.00, 59,640.00 2. 30" TAPPING SLEEVE W112" TAPPING GATE VALVE WIBOX 1 EA 5,500.00_ 5,500.00 3. 12" CAP TAPPED FOR 2" _ 2 EA 700.00 1,400.00 4. 12" TEE 5 EA 850.00 4,250.00 5. 12" GATE VALVE WIBOX 2 EA 3,200.00 600.00 _ 6. FIRE HYDRANT ASSEMBLY 2 EA 3,600.00 7,200.00 7. 6" GATE VALVE WIBOX 2 EA 975.00 1,950.00 8. 6" 90' EL 6 EA 300.00 1,800.00 9. 6" DIAMETER X 30" PVC PIPE NIPPLE 6 EA 250.00 1,500.00 10. PAVEMENT PATCHING 1 1 LS 4,500.00 4,500.00 TOTAL. WATER ITEMS 10% ENGINEERING, SURVEYING, & TESTING SUBTOTAL CONSTRUCTION LESS WATER ACREAGE FEE TOTAL REIMBURSEMENT $94,140.00 9.414.00 $103,554.00 -6.420.67 $97,133.33 Exhibit 4 Page 3 of 3 INSURANCE REOUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence / aggregate COMMERCIAL GENERAL LIABILITY 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (for paid employees) EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph II Of This Exhibit. $500,000 / $500,000 / $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Exhibit 5 Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All States endorsement shall be included for Companies not domiciled in Texas. B. Contractor shall obtain and maintain in MI force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of 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 Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax # 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, or comparable policy language, as respects to operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City. • 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. 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. Exhibit 5 Page 2 of 3 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 and completed operations and activities 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. Exhibit 5 Page 3 of 3 ltu....11irs. City of Corpus Christi DISCLOSURE OF INTERESTS City of Corpus Chriati, Torun Department of Development Services P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361)826-3240 Located at 2406 Leopard Street (Comer of Leopard St. and Port Ave ) 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: MPM Development, LP STREET: PO Box 331308 CITY: Corpus Christi ZIP: 78463 FIRM is: 0 Corporation [(Partnership 0 Sole Owner 0 Association 0 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 NIA 2. State the names of each 'official" of the City of Corpus Christi having an 'ownership Interest" constituting 3% or more of the ownership in the above named "firm". Name Title N/A 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 N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership Interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A 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. Certifying Person: Mossa Mostaghasi Title: President (Print) Signature of Certifying Person: 714944a. 702,4tvzi-a. Date: 1-22-16 KIDEVELOPMENTSVCSSIiAREMAND DEVELOPM NRORDINANCE ADMINISTRATIONYAPPLICATION FORMWORKS AS PER LEGALl20121DLSCLOSURE OF INTERESTS Page 1 of 2 STATETr ENT1.2712.DOC Exhibit 6 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. "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. c. "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. d. "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. e. "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 holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "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. KtDEVF.LOPMENTSVCSSIIARED LAND DEVELOPMENT ORDINANCE ADMIN1STRATIONIAPPL1CA71ON FORMSFORMS AS PER IEGAL120121DISCLOSURE OF INTERESTS STATEMENT! 2712.DOC Page 2 of 2 Exhibit 6 9 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1oP1 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 FILIG Certificate Number: 2016-9181 Date Flied: 02/04/2016 Date Acknowledged: 1 Name of business entity tiling form, and the city, state and country of the business entity's place of business. MPM Development, LP City of Corpus Christi, TX United States t me of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi Development Services 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 goods or services to be provided under the contract, Parkview Unit 4 Arterial grid main waterline reimbursement 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary t 5 Check only if there is NO Interested Party. X 6 AFFIi' AVIT I swear, or affirm, under penalty of perjury, that the above disci ure is twe and correct CINDY BUENO 0 #11788588.3 ji. .. r Notary PrdLli STATE Ori TEXAS Signature Comm, Exp, 11.-04-20 OAY A Y T [vt F Swor to and subscribed before me , by the saki cit authorized agent of contracting v th s ti c business entity day 20 kV , to certify which, witness my hand and seal of office. L:AiNa' '' Sigttatt erf officer administering oath Printed nage of attic administering oath Title of officer administering oath Farts provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34944 Vicinity Map VICINITY MAP PARKVIEW 4 A Aerial Overview AERIAL OVERVIEW PARKVIEW 4 t N Aerial AERIAL MAP PARKVIEW 4 3 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of February 23, 2016 Second Reading Ordinance for the City Council Meeting of March 8, 2016 DATE: February 17, 2016 TO: Ronald L. Olson, City Manager FROM: Miles Risley, City Attorney MilesR@cctexas.com 826-3361 Ordinance to establish regulations for Transportation Network Companies, drivers, and vehicles CAPTION: Ordinance amending Chapter 57 of the Corpus Christi Code of Ordinances to establish Article VI. - Transportation Network Companies; and providing for severance, publication, penalty, and an effective date. PURPOSE: This proposed ordinance removes transportation network companies (TNC's) from the regulatory scheme for taxicabs and provides regulations described in the attached Chart*. BACKGROUND AND FINDINGS: Some members of City Council have requested an ordinance to regulate Transportation Network Companies (TNC) that is similar to the Houston regulations. The proposed ordinance is intended to mirror, as much as possible, the regulations established by the City of Houston for TNC's. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal 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): Not Applicable Comments: See attached chart RECOMMENDATION: Policy decision by City Council LIST OF SUPPORTING DOCUMENTS: Ordinance *Please see chart attached below Chart Taxis under current regulations TNCs under proposed ordinance Company requires permit to operate Certificate, a term not to exceed 5 years 57-30 Annual 57-283 & 57-285 Company permit fee $250 application fee, $100 per vehicle, minimum $500 paid quarterly 57-31 & 57-36 2% gross receipts, paid quarterly 57-284 Driver permit required valid 2 years 57-96,103 valid 2 years 57-290, 57-96, & 57-103 Driver permit fee $50 57-96 $50 $57-96 Background check for drivers required Fingerprint background check 57-97 Fingerprint background check 57-290 & 57-97 Trade Signage or emblem Yes, company and phone number on side and rear of vehicle, at least 2&1/2 inch lettering 57-83 yes, readable at a distance of at least 50 fee 57-295 Requires place of business within the City Yes, 57-32 no Right to inspect business or operations records Yes, 57-39 Yes 57-284 Vehicle Inspection Annual, Taxi inspector 57-80 Annual, City designated inspector 57-294 Limit on age of vehicle 10 years (6 years with 4 year extension) 57-88 10 years (7 years with 3 year extension) 57-293 Limit on operating hours of driver Driver limited to 12 hours in 24 hour time span 57-106 Driver limited to 12 hours in 24 hour time span 57-291 Vehicle requires Fire extinguisher Yes 57-87 Yes 57-87 Insurance required Yes 57-56 Yes 57-288 & Texas Insurance Code, Chapter 1954 Compliance with Airport Regulations Required 9-61 Required 57-296 & 9-61 Airport Permit Yes 9-61 Yes 9-61 Airport Fees $50 monthly or $2.00 per arrival 9-61 None currently established in Chapter 9 Ordinance Amending Chapter 57 of the Corpus Christi Code of Ordinances to establish Article VI. - Transportation Network Companies; and providing for severance, publication, penalty, and an effective date NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. Chapter 57 of the Corpus Christi Code of Ordinances is amended by adding Article VI — TRANSPORTATION NETWORK COMPANIES, as follows: ARTICLE VI. - TRANSPORTATION NETWORK COMPANIES Sec. 57--281. - Scope. The provisions of this chapter shall not apply to transportation which qualifies as ridesharing. Sec. 57-282. - Definitions. Compensation means any money, thing of value, payment, consideration, reward, tip, donation, gratuity, or profit paid to, accepted, or received by the driver or owner of any vehicle providing transportation for a person; whether paid upon solicitation, demand or contract, or voluntarily, or intended as a gratuity or donation. Reimbursement for the following is not compensation: (1) Tolls; (2) Vehicle operating costs in an amount that is equal to or less than the most current privately -owned vehicle mileage reimbursement rates established by the U.S. General Services Administration; and (3) Parking costs at the shared destination. Operation of a transportation network vehicle or operating a transportation network vehicle means offering, making available, or using a transportation network vehicle to provide a transportation network service, including any time when a driver is logged onto the transportation network company's internet-enabled application or digital platform showing that the driver is available to pick up passengers; when a passenger is in the vehicle; when the company's dispatch records show that the vehicle is dispatched; or when the driver has accepted a dispatch and is enroute to provide transportation network service to a passenger. Permit means a transportation network company permit. Ridesharing, when describing conduct, means the travelling of two or more persons by any mode of private passenger vehicle, including, but not limited to, carpooling, vanpooling, buspooling, to any location incidental to another purpose of the driver, for which compensation is not accepted, collected, encouraged, promoted, or requested. Page 1 Transportation network permittee or permittee means the holder of, or a person that is required to hold, a current valid transportation network company permit issued pursuant to this chapter. Transportation network driver means an individual affiliated with a transportation network company transporting passengers for compensation using a transportation network vehicle. Transportation network company or TNC means a person that offers or provides a transportation network service. Transportation network service or service means a prearranged transportation service offered or provided for compensation using an internet-enabled application or digital platform to send or transmit an electronic, radio or telephonic communication through the use of a portable or handheld device, monitor, smartphone, or other electronic device or unit that indicates the location of the passenger which information is then relayed by electronic, radio, or data communication of any type to a transportation network driver operating a transportation network vehicle. Transportation network vehicle means any private passenger motor vehicle used to provide transportation network services. Specifically excluded from this definition are: (1) Vehicles used in connection with any phase of a funeral or funeral service; (2) Taxicabs, pedicabs, sightseeing and charter vehicles, limousines, and shuttles, permitted and licensed by the city; and (3) Vehicles operating under a contract with the city. Vehicle for hire driver's permit means a current and valid vehicle for hire driver's permit issued pursuant to division 5 of article!! of this chapter. Sec. 57-283. - Transportation network company permit required. (a) No person shall operate a transportation network company in the city without a permit issued pursuant to this article. (b) It shall be unlawful for any TNC permitted, licensed, or authorized by another jurisdiction to initiate transportation network service within the corporate boundaries of the city without a permit issued pursuant to this article; provided however, a transportation network vehicle operated by a driver affiliated with a TNC permitted, licensed, or authorized by or in another jurisdiction may come into the city to discharge a passenger whose trip originated outside of the city. Sec. 57-284. - Transportation network company permit fee. (a) The fee imposed for a permit issued 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. Page 2 (b) The fee provided in subsection (a) of this section shall be paid to the city on a quarterly basis on or before the 10th day following the close of the calendar month for which the quarterly payment is calculated. (c) 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. (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. (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. Sec. 57-285. - Transportation network permit term. (a) Permits shall be issued for a term of 1 year. Permittees desiring to have reissuance of their permit shall, at least 30 days prior to the expiration of the permit, file with the taxicab inspector a written application for a renewal of their permit. Except as otherwise expressly stated, renewals shall be subject to the same requirements set forth in this article for issuance of new permits. (b) A permit is specific to the permittee to whom it is issued and may not be transferred or otherwise assigned. Any change of ownership, partnership interests, corporate officer or director as shown on the permit application shall render a permit void, unless an application for an amendment is filed within ten days following the effective date of the change. The taxicab inspector shall promulgate procedures for the processing of amendments and may suspend the permit pending the completion of the processing if any additional person who has acquired an interest in the business is determined to have been convicted of an offense listed in section 57-29 (1)(d) of this Code. (c) Each permit is nonexclusive, and no limits or restrictions shall exist upon the number of transportation network vehicles that may be operated provided that each must be operated pursuant to a permit and in accordance with all applicable requirements of this article. Sec. 57-286. - Transportation network company permit—Application. (a) An application for a permit shall be submitted on forms to be furnished by the taxicab inspector, and the applicant shall furnish the following information with each Page 3 application, which shall be sworn to before a notary public or conform to minimum state law requirements for unsworn declarations: (1) The name and form of business under which the service will be operated (If a partnership or corporation, a copy of the partnership agreement or articles of incorporation must be attached.); (2) The name, phone number, mailing address, and street address (if different from the mailing address) of the applicant's agent for service of legal process (which information the applicant shall keep current); A schedule showing the model, manufacturer model year date, type, make, vehicle identification number, license plate number, and mileage of each motor vehicle, and a statement as to the legal ownership of each vehicle proposed to be placed into operation as a transportation network vehicle; (4) Proof of current coverage of insurance as required in section 57-288 of this Code; (5) A general description of the means and methodology used to charge passengers for vehicle for hire transportation services rendered; (6) The proposed schedule of fares, rates, or other compensation to be charged by the applicant; and (7) Any additional information as requested by the taxicab inspector. (b) If the applicant is a partnership or association, the partners or associates, or if the applicant is a corporation, each person who is either an officer or director shall be required to join in filing the application and all of the herein set forth provisions and requirements applicable to individual applicants shall apply to and be required of each such partner, associate, officer or director. Failure of any of the persons heretofore mentioned to meet such requirements shall be grounds to deny the application of the partnership, association or corporation. (3) Sec. 57-287. - Transportation network company permit—Qualifications for permit. (a) The taxicab inspector shall initially review each application for the issuance or amendment of a permit to determine whether the application is complete. If not, he shall return the application to the applicant with a statement of deficiencies. (b) The taxicab inspector shall review complete applications to determine whether the applicant has met all applicable requirements of this chapter and Code. In determining whether an applicant is qualified for a permit, or the renewal thereof, the taxicab inspector shall take into consideration whether: (1) The application was filed with no material inaccuracies or omissions, provided that if the application as originally filed was substantially complete and in proper form, the taxicab inspector shall allow an applicant a reasonable opportunity to correct any minor inaccuracies or omissions if that can be accomplished without delaying the processing of applications; Page 4 (2) The applicant and its principals are in compliance with the criminal history provisions of section 57-29 (1) (d) of this Code; (3) The applicant is in compliance with all applicable city, State of Texas, and federal laws; and (4) The applicant is in compliance with any other applicable requirement of this Code and other laws. (c) The taxicab inspector shall issue the permit if all applicable requirements of this chapter and Code have been met. If the taxicab inspector approves the permit, issuance shall be subject to compliance with this article, including, but not limited to, payment of any required fees, inspection of vehicles to be utilized, and submission of proof of insurance. A permit does not entitle the permittee to act as the driver of covered vehicles. A separate vehicle for hire driver's permit is required for that purpose as provided in section 57-290 of this Code. (d) Applicants who are determined to be unqualified shall be notified of the grounds asserted for that determination and may make a written demand upon the taxicab inspector for a hearing within ten days of receipt of notice that it is unqualified to receive a permit. The taxicab inspector shall conduct a hearing within 15 business days of receipt of a timely written demand for a hearing. If at such a hearing the applicant establishes through competent evidence that the determination that the applicant was unqualified to receive a permit was based upon incorrect findings, the taxicab inspector shall issue the permit. If at such a hearing the determination was found to have been based upon correct findings, the determination shall become final. Sec. 57-288. - Transportation network company permit—Insurance required. (a) Every permittee and transportation network driver shall comply with all applicable insurance requirements mandated by federal, State of Texas, and city laws, including those articulated in Chapter 1954 of the Texas Insurance Code. Sec. 57-289. - Service charges and fare rates. All permittees shall display their fare rate and provide a fare rate estimator on the website, internet-enabled application, or digital platform used by the permittee to connect drivers and passengers. Sec. 57-290. - Transportation network drivers—vehicle for hire driver's permit required. It shall be unlawful for any person to operate a transportation network vehicle without a vehicle for hire driver's permit issued pursuant to division 5 of article 11 of this chapter. Page 5 Sec. 57-291. - Transportation network driver hours of operation; duty to transport within the corporate limits. (a) A transportation network driver shall not drive for more than 12 hours in any consecutive 24-hour period and a permittee shall not permit or cause a transportation network driver to drive a transportation network vehicle more than 12 hours in any consecutive 24-hour period. (b) A transportation network driver shall not refuse to transport a person to a requested destination located within the corporate limits of the city. Sec. 57-292. - Transportation network vehicles—Vehicle ownership and standards. (a) No person shall operate or cause to be operated any transportation network vehicle in the city unless and until the vehicle meets all the terms and conditions of this article. (b) No permittee shall own or lease or provide financing for the ownership or leasing of any transportation network vehicle. (c) In addition to all other applicable legal requirements, it shall be unlawful for any person to operate or cause to be operated any transportation network vehicle unless the vehicle: (1) Has at least 2 doors and meets applicable Federal Motor Vehicle Safety Standards for vehicles of its size, type, and proposed use; and (2) Is a coupe, sedan, or light-duty vehicle, including a van, minivan, sport utility vehicle, pickup truck, hatchback or convertible. (d) No vehicle permitted or subject to a certificate of registration and operated as vehicle for hire pursuant to articles II through V of this chapter shall be operated as a transportation network vehicle. (e) The permittee and the permittee's driver shall be jointly and severally liable if the permittee causes or permits the transportation network driver to use a vehicle that does not meet the requirements for a transportation network vehicle. Sec. 57-293. - Transportation network vehicles—Age and mechanical condition. (a) In addition to the provisions of section 57-294 of this Code, no transportation network driver or permittee shall drive or cause to be driven upon the streets of the city any transportation network vehicle that is more than 7 years old. For purposes of this requirement, a transportation network vehicle will be considered to be 7 years old on July 31st of the 7th year following the manufacturer's model year of the Page 6 vehicle, regardless of the purchase date or the date it was originally placed into service. (b) A transportation network driver or permittee may drive or cause to be driven, a transportation network vehicle for an additional 3 year period beyond the age limitations described in subsection (a), if the transportation network driver or permittee submits the vehicle for inspection each year at a location authorized and identified by the director prior to the expiration of the permit issued authorizing the operation of the transportation network vehicle. Sec. 57-294. - Transportation network vehicles—Inspections. (a) Prior to using any transportation network vehicle, and annually thereafter, a permittee or transportation network driver shall have the vehicle inspected at a facility designated by the taxicab inspector, and maintain complete documentation of such inspections in the vehicle at all times, and a written copy of such documentation shall be provided to the taxicab inspector upon request. The inspection shall be made to determine that the transportation network vehicle is in a reasonably good state of repair, clean, and equipped and being operated in compliance with all requirements of this article. Inspections shall include, but not be limited to, the following items: (1) Foot brakes; (2) Parking brakes; (3) Steering mechanism; (4) Windshield; (5) Rear window and other glass; (6) Windshield wipers; (7) Headlights; (8) Tail lights; (9) Turn indicator lights; (10)Stop lights; (11)Front seat adjustment mechanism; (12)Doors (open, close, lock); (1 3)Horn; (14)Speedometer; (1 5)Bumpers; (16)Muffler and exhaust system; (17)Condition of tires, including tread depth; Page 7 (18)Interior and exterior rear view mirrors; (19)Safety belts for driver and passenger(s); and (20)Heating, ventilation and air-conditioning systems. (b) Upon passing the inspection prescribed in subsection (a) of this section, the taxicab inspector shall issue one certification decal for the transportation network vehicle. The certification decal shall be attached and displayed at the place on the transportation network vehicle designated by the taxicab inspector. The permittee and the transportation network driver shall be jointly and severally liable for any violation of this section. Sec. 57-295. - Transportation network vehicles—Distinctive signage or emblem. (a) In addition to the certification decal issued pursuant to section 57-294(b) of this Code, a transportation network vehicle shall display, as provided by rule, consistent and distinctive signage at all times while being operated as a transportation network vehicle. 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 permittee. 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. Permittees shall file an illustration of their distinctive signage with the taxicab inspector for approval. (b) A transportation network vehicle 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. Sec. 57-296. - Transportation network drivers—Additional operating requirements. (a) In addition to all other applicable requirements provided by law, it shall be unlawful for any person: (1) To operate a transportation network vehicle within the city while not in possession of a valid Driver License; or (2) To operate, or cause to be operated, a transportation network vehicle that does not meet all the applicable requirements of this chapter. (b) No transportation network driver shall pick up or discharge a passenger on any portion of Corpus Christi International Airport (CCIA) without proper authorization pursuant to chapter 9 of this Code. A transportation network driver carrying a passenger or passengers from CCIA shall pay to the city the airport use fee established from time to time by chapter 9 of this Code. Additionally, no transportation network driver shall pick up or discharge any passenger in any designated taxicab stands or loading zones. Page 8 (c) It shall be unlawful for any permittee or transportation network driver to solicit potential passengers for vehicle for hire services at, in or near any passenger depot, hotel, airport, ship or ferry landing, bus stop or station, or upon any sidewalk or street or any other place in the city, or use any words or gestures that could be construed as soliciting a passenger for vehicle for hire transportation services. (d) It shall be unlawful for a transportation network driver to accept or respond to passengers' or potential passengers' requests for service via traditional street hail, including hand gestures and verbal statements. It shall be unlawful for a transportation network driver to provide his or her direct phone number or email address to passengers or potential passengers to enable requests for service. A TNC shall immediately notify the taxi inspector and provide any evidence in its possession if it obtains actual knowledge of any violation of this subsection. (e) It shall be the duty of each transportation network driver to pull his transportation network vehicle to the curb when loading or unloading passengers. The permittee's internet enabled application or digital platform accessed by potential passengers shall display for the potential passenger: (1) a picture of the transportation network driver and (2) a picture of the transportation network vehicle the driver is approved to use, including the license plate number of the driver's transportation network vehicle. In addition, any permittee shall make any information displayed in the permittee's Internet -enabled application or digital platform also available on such permittee's website. The permittee shall make available on the mobile application and the receipt provided to the passenger, the contact information for the permittee's customer service liaison, including, but not limited to, the liaison's name, phone number, and e-mail address. (f) (9) (h) Any permittee shall clearly disclose, on the permittee's on-line enabled application or digital platform and website, that the permittee is a TNC. Additionally, the disclosure shall state that each permittee is required to maintain insurance policies as specified in section 57-288 of this Code. Any transportation network driver shall provide to any authorized law enforcement officer proof of the insurance policies required by this article in case of an accident involving a transportation network vehicle while operating a transportation network vehicle. (i) (1) Any permittee shall provide passengers an opportunity to indicate whether they require a wheelchair -accessible vehicle. If a permittee cannot provide a wheelchair - accessible transportation network vehicle, it shall provide the prospective passenger with for hire transportation services in a manner consistent with section 57-137 of this Code. (k) Any permittee shall have an affirmative duty to respond to requests for service and shall be responsible for the actions of any of its employees, transportation network drivers, or other person that reports to, or acts as an agent of, the permittee, for any failure to respond to a request for service. Page 9 (1) All transportation network drivers operating a transportation network vehicle shall at all times: (1) carry proof of the insurance policies required in section 57-288 of this Code covering the vehicle; (2) carry an electronic or paper copy of the agreement or terms of service between the driver and the TNC; and (3) display the certification decal and distinctive signage or emblem required by this article. A transportation network driver shall log onto the transportation network company's internet-enabled application or digital platform showing that the driver is available to pick up passengers immediately upon entering his or her transportation network vehicle with the intent to provide service. (m) Upon request a transportation network driver shall display to the taxicab inspector, or other person authorized to enforce this chapter, a physical or electronic record of a ride in progress sufficient to establish that it was a prearranged transportation service. To the extent that trip records are contained on an electronic device, a transportation network driver is not required to relinquish custody of the device in order to make the required display but must demonstrate to the taxicab inspector or other person authorized to enforce this chapter that the transportation network driver has in his possession proof of that the ride in progress is the result of a prearranged transportation service. (n) Any terms or conditions in the agreement between the permittee and transportation network driver, or between the permittee and any passenger, that would act as a waiver of the permittee's liability to the passenger or to the public, are declared to be contrary to public policy, null, void and unenforceable. SECTION 2. If for any reason any section paragraph subdivision clause phrase word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section paragraph subdivision clause phrase word or provision of this ordinance for it is the definite intent of this City Council that every section paragraph subdivision clause phrase word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made 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. Penalties are as provided in Section 1-6 of the Code of Ordinances. SECTION 5. This ordinance takes effect after official publication Page 10 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 Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas 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 Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Page 11 AGENDA MEMORANDUM First Reading Item for the City Council Meeting of March 8, 2016 Second Reading Item for the City Council Meeting of April 12, 2016 DATE: TO: FROM: February 12, 2016 Ronald L. Olson, City Manager Fred Segundo, Director of Aviation FredS@cctexas.com (361) 289-0171 ext. 1213 Authorize second amendment to original five-year lease agreement with Atlantic Aviation to extend term for additional 15 years for operation of Fixed Base Operator Lease on the west side of the airfield at the Corpus Christi International Airport. CAPTION: Ordinance authorizing the City Manager, or designee, to execute a second amendment to the lease between Mercury Air Center — Corpus Christi, Inc., dba Atlantic Aviation ("Atlantic"), Atlantic Aviation FBO Holdings, LLC ("Atlantic Holdings"), and the City for completion of $3,300,000 in capital improvements for an additional 15 -year lease term; authorizing the execution of a short-term license agreement as part of the second amendment; and providing for severance, publication, and an effective date. PURPOSE: On January 13, 2015, the City Council approved an addendum to the lease agreement with the West -End Fixed Based Operator (FBO) at Corpus Christi International Airport (CCIA). The addendum revised language in the agreement to reflect similar provisions negotiated with the East -End FBO. The Addendum and Base Agreement provide that Atlantic may extend the base agreement of 5 years for up to an additional four 5 -year options. To execute each 5 year option, Atlantic is required to make a $1.1 million capital investment. Atlantic has submitted a proposed Capital Investment and Development Proposal of $3.3 million in improvements resulting in an additional 15 years in term resulting in 20 year agreement. During the construction period, Atlantic Aviation will operate its aviation terminal out of temporary modular facilities on separate licensed airport property. The temporary facilities will require a short-term license agreement. BACKGROUND AND FINDINGS: An FBO is a commercial business granted the right by an airport to operate on airport property and provide aeronautical services to customers. The current West -End FBO, Atlantic Aviation, provides a range of aviation services including the following: • sale of aviation fuel, • aircraft storage, • aircraft repair and maintenance • pilot training • aircraft rental and sightseeing • sale of aircraft parts • aircraft sales and service. Other than fueling of commercial aircraft, these services are primarily directed to General Aviation (GA) aircraft which are usually smaller and privately -owned. The existing agreement has resulted in Atlantic performing approximately $290,000 of deferred maintenance on the leased premises and fair market rental payments to the City of approximately $202,000. The land rental rate is subject to adjustment every five (5) years during the Term of the Agreement and any executed Options through an updated fair market appraisal process to be conducted by the City. Atlantic Aviation intends to renovate the facilities to meet company standards in regards to appearance, technology and operations. Six major areas that will be renovated are as follows: • General Aviation Terminal Building (new two-story building) • Hangar One (replace door tracks, painting, lighting upgrades and concrete replacement) • Intermediate Offices (renovation of space including entrances and tenant spaces) • Hangar Two ( painting, lighting upgrades and concrete replacement) • Hangar Three ( painting, lighting upgrades and concrete replacement) • Existing Vehicle Parking Area (repair damaged base, new surfaces and striping) ALTERNATIVES: No viable alternatives at this time due to limited departmental funding OTHER CONSIDERATIONS: This item requires a 28 day delay between readings. CONFORMITY TO CITY POLICY: This project is consistent with the Department of Aviation Business Plan requiring the maintenance of all city owned facilities on airport property and management of all leased property within the airport perimeter. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal Finance 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 $202,207 $202,207 Encumbered / Expended Amount This item (additional revenue) 0 0 BALANCE $202,207 $202,207 Fund(s): Airport Fund - 4610 Comments: None RECOMMENDATION: Staff requests approval of lease agreement as submitted. LIST OF SUPPORTING DOCUMENTS: Ordinance Atlantic Aviation — Second Amendment to Lease Drawing Exhibit — Proposed New Atlantic Terminal. Ordinance authorizing the City Manager, or designee, to execute a second amendment to the lease between Mercury Air Center — Corpus Christi, Inc., dba Atlantic Aviation ("Atlantic"), Atlantic Aviation FBO Holdings, LLC ("Atlantic Holdings"), and the City for completion of $3,300,000 in capital improvements for an additional 15 -year lease term; authorizing the execution of a short-term license agreement as part of the second amendment; and providing for severance, publication, and an effective date. WHEREAS, by Ordinance No. 030016, the City Council approved the Amended and Restated Hangar and Fixed Base Operator's Lease ("Lease") for a five-year term on November 19, 2013, which Lease was later amended ("First Amendment") by Ordinance No. 030393 on March 14, 2015; WHEREAS, Atlantic and Atlantic Holdings desire to exercise three five-year options to extend the term of the Lease to January 19, 2034, in exchange for an investment of $3,300,000 in capital improvements to be completed at the Lease premises; and WHEREAS, the City, Atlantic, and Atlantic Holdings desire to execute a second amendment ("Second Amendment") to the Lease for the purpose and reasons stated in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee ("City Manager"), is authorized to execute a Second Amendment to the Lease between Atlantic, Atlantic Holdings, and the City for the exercise of an additional 15 -year lease term in exchange for an investment by Atlantic and Atlantic Holdings of $3,300,000 and full completion of the planned capital improvements, as stated in the Second Amendment. As part of the Second Amendment, the City Manager is also authorized to execute a short-term license agreement with Atlantic and Atlantic Holdings for use of real property adjacent to the Lease premises for the temporary placement of portable buildings to be used during completion of the capital improvements. 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 judgement of a court, it may 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 of this ordinance must be made in the official publication of the City of Corpus Christi as required by the City Charter. SECTION 4. This ordinance is effective on and after the 61st day passage. 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 Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and finally passed on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 2016. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance — Atlantic FBO Lease Second Amendment Page 2 of 2 SECOND AMENDMENT TO LEASE BETWEEN THE CITY OF CORPUS CHRISTI AND ATLANTIC AVIATION STATE OF TEXAS COUNTY OF NUECES THIS second amendment ("Second Amendment") to the Corpus Christi International Airport Amended and Restated Hangar and Fixed Base Operator's Lease ("Lease") is entered into by and between the City of Corpus Christi ("Lessor" or "City"), Mercury Air Center — Corpus Christi, Inc., dba Atlantic Aviation ("Lessee"), and Atlantic Aviation FBO Holdings, LLC ("Atlantic"), as guarantor of the Lease. WHEREAS, Lessee desires to demolish certain improvements at and on the Leased Premises and construct new replacement improvements and also to reconstruct and renovate other improvements, with a total investment of $3,300,000 in capital improvement funding, as consideration provided to exercise three optional five-year lease periods, for a 15 -year extension of the term of the Lease, with all improvements to be completed in accordance with the require- ments of the Lease, Addendum No. 1 (the "f=irst Amendment"), and this Second Amendment; and WHEREAS, subject to the terms and conditions set forth in the Lease, the First Amend- ment, and this Second Amendment, coupled with Lessee's full and faithful compliance with the foregoing instruments and Lessee's completion of all improvements as described and set out in this Second Amendment, Lessor is willing to extend the term of the Lease for an additional 15 - year period. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants made between the parties as stated in this Second Amendment and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties to this Second Amendment agree to execute this instrument and proceed subject to the following terms, conditions and covenants: 1. Incorporation of Preamble. The preamble provisions set out above in this Second Amend- ment are incorporated by reference into the body of this document and constitute additional provisions under the Lease and First Amendment. 2. Effective Date. This Second Amendment takes effect on the 61st day following final approval by the City Council and publication in the official newspaper of the City, as required by the City Charter. 3. Effect of Second Amendment. This Second Amendment supplements and expands the provisions of the Lease and First Amendment between the Lessor and Lessee and the duties and responsibilities undertaken by the parties. The parties acknowledge and agree that all terms, conditions, and covenants of the Lease and First Amendment not changed by execution of this Second Amendment continue in full force and effect. The parties further agree that any ambiguities or conflicts between or among the documents may not be construed against the drafter. In the event of a conflict between or among the documents addressing the same matter, the parties agree that the more stringent provision controls. For purposes of this Second Amendment, the parties agree that the specific language included in this document modifies the terms and conditions of the Lease and First Amendment as necessary and desired to effectuate the purposes and plans of the parties. 4. Definitions; Usage. All words and phrases not defined in this Second Amendment or modified herein retain the definitions contained in the Lease and First Amendment. For brevity in this document, any reference to the Lease is deemed to collectively include the First Amend- ment, this Second Amendment, and all exhibits and documents attached to, referenced, or incorporated by reference into those instruments and which are the subjects of the lease relationship between the parties. 5. Capital Improvement Plan Provisions. A. The preliminary Capital Improvement Plan of Lessee is attached to this Second Amendment as Exhibit A, which exhibit is incorporated by reference into this document. As of the Effective Date of this Second Amendment, the Capital Improvements to be completed by Lessee are comprised of the following: (i) demolition and construction of a new two-story terminal/office building of approximately 6,979 square feet, replacing the building currently identified as "WGA of 1" in the Lease; (ii) full renovation and remodeling of the offices identified as "WGA of 2" and build -out of a new second -story storage area inside WGA of 2; (iii) renovations to hangar #1 identified as "WGA -H1"; (iv) renovations to hangar #2 identified as "WGA -H2"; (v) renovations to hangar #3 identified as "WGA -H3"; (vi) partial renovation of approximately 6,890 square feet to the concrete apron; and (vii) full renovation of the parking lot areas of the Leased Premises totaling 44,141 square feet. B. The Lessor, by execution of this Second Amendment, consents to the destruction of the building identified as "WGA of 1" above upon Commencement of Construction in consideration of Lessee's promise to undertake, fund, construct, and complete a new two-story terminal/office building in its place. Additionally, Lessor consents to Lessee's renovating of the interior of the intermediate offices inside WGA -H2 in order to fully complete the interior renovations and build out a new second -story storage area above the offices. C. The Capital Improvements required to be constructed by Lessee must be developed and constructed in accordance with and subject to all of the terms, conditions, and covenants of the Lease. D. Prepared Plans and Specifications. Prior to constructing the Capital Improvements, Lessee shall cause to be prepared, by competent and licensed architects and engineers, complete plans and specifications for such Capital Improvements. Such plans and specifications must be submitted to the Director for approval, which approval shall not be unreasonably withheld. Lessee may not make any substantial changes or alterations to the plans and specifications following the Director's initial approval unless further written approval of the Director is sought and obtained; provided, however, such further written approval is not required with respect to any changes or alterations made to the plans and specifications at the request of the City's Development Services Department so long as such changes or alterations comply with all municipal fire, building and other applicable city, state and federal laws, rules, regulations and code requirements, including any landscaping or design requirements of the Airport and the terms and provisions of any required building permits (collectively, "Building Regulations"). All plans and specifications must include the budget details associated with each proposed Capital Improvement. Page 2 of 9 E. Final Construction Budget Information. Not later than 45 days prior to Commencement of Construction, Lessee shall provide to Lessor a detailed budget for the construction and renovation of the planned Capital Improvements, and Lessor shall have 10 working days in which to provide any comments it may have with respect to any matters contained in such budget. Lessee's budget must contain and reflect all costs and expenses to be included in connection with the development of any necessary infrastructure and construction of the Capital Improvements. If Lessor provides comments to the budget, Lessor and Lessee shall work together in good faith to address any comments that Lessor may have with respect to the construction budget. F. Construction Contracts. After Lessor's final approval of the plans and specifications for the Capital Improvements, Lessee shall enter into a construction contract with a reputable, licensed contractor and will cause all such work reflected by such plans and specifications to be performed by the contractor. G. Bonding. Prior to the Commencement of Construction, Lessee shall provide Lessor with a performance bond in an amount sufficient to fully fund the value of the construction of the Capital Improvements, in accordance with the Lease. Lessee shall also provide a payment bond in an amount sufficient to ensure that all workmen receive full payment for all materials and labor provided in constructing and completing the Capital improvements. H. Indemnification of Lessor during Construction. Lessee must include in all contracts entered into for the construction and renovation of the Capital Improvements a provision requiring the contractor to indemnify, hold harmless, defend, and insure the parties to the Lease, including their respective officers, employees, and agents, against the risk of legal liability for death, injury or damage to persons or property, direct or consequential, arising or alleged to arise out of, or in connection with, the performance of any or all of the construction work, whether the claims and demands made are just or unjust, unless same are caused by the gross negligence or willful act of one of the parties to the Lease or their respective officers, employees, or agents. Lessee must also require the contractor to include a provision in each subcontract entered into between the contractor and any subcontractor for the construction or renovation of the Capital Improvements the same provision required in this paragraph (of the contractor) for indemnification of the parties to the Lease. 1. Construction Insurance. Lessee shall not begin Commencement of Construction until all insurance required by Exhibit B to this Second Amendment has been obtained by Lessee and approved by Lessor's Risk Manager. Exhibit B is attached to this Second Amendment, the terms and conditions of such exhibit being incorporated by reference into this document as if fully set out here in their entirety. From the date immediately prior to Commencement of Construction and continuing until completion of the Capital Improvements by Lessee and issuance of a certificate of occupancy ("CO") by Lessor, Lessee must ensure that the require- ments of Exhibit B are met and remain in full force and effect. Following completion of the Capital Improvements and issuance of the CO by Lessor, the insurance requirements of the original Lease executed in 2013 control for the remainder of the Lease term, unless otherwise modified or amended as set out in the Lease. Lessee shall require the contractor to furnish proof of insurance with the same types of coverage and limits as is required of Lessee pursuant to this Second Amendment. J. Compliance with Building Regulations. All plans and specifications for the Capital Improvements, and all renovations, remodeling, refurbishing, and construction upon the Leased Premises, must comply with all applicable Building Regulations, unless otherwise exempt. The Page 3 of 9 plans and specifications are subject to final submission and permit review by Lessor, in the ordinary course of Lessor's governmental business processes. Lessee will coordinate design and construction with Lessor's applicable departments and divisions including, but not limited to, the Aviation Department and the Development Services Department. IC Change Orders. The Director of Aviation will promptly review all design -related change orders submitted by Lessee through completion of the Capital Improvements. L. First -Class Quality. All construction, including workmanship and materials, must be of first- class quality. For the purposes of this Second Amendment, the term "first-class quality" means of the same quality as materials used to construct, renovate, and rehabilitate other buildings, parking Tots, and concrete aprons used for the same or similar purposes already constructed on the Airport. M. Temporary License Granted. In order to undertake construction and renovation of the Capital Improvements, a temporary license is granted to Lessee by the City on a small parcel of land adjacent to the Leased Premises for Lessee's use in positioning and utilizing a temporary modular building for Lessee's continued operations. The licensed area ("License Area") is set out in a separate subagreement attached as Exhibit C, the terms and conditions of such exhibit being incorporated by reference into this document as if fully set out here in their entirety. For the purposes of the Lease, the Minimum Standards to which the Lessee must adhere, and the rules, regulations, directives, and policies applicable to tenants of the Airport, the License Area is deemed to be real property occupied and under the control of Lessee to the same extent as if the area were the subject of a formal short-term lease between the parties during the pendency of construction of the Capital Improvements and continuing until all buildings and personal property of the Lessee have been removed, the License Area is restored by Lessee to Lessor's reasonable satisfaction, and the License Area returned to Lessor's control, such return to be documented in writing by the parties. Upon a retum of the License Area to Lessor at set out in this paragraph, the temporary license agreement between the parties terminates without further action required by either party. N. Good Order. During construction, Lessee shall be responsible for causing the Leased Premises and License Area to be kept in good order and condition in accordance with com- mercially reasonable standards. Lessee shall coordinate all construction traffic within the Airport boundaries with the Director so as to not inhibit regular Airport vehicular traffic and to keep roadways safe and clean. All construction parking and staging will occur on the Leased Premises unless agreed to in advance by the Director in writing. Lessee will also coordinate with Lessor and the FAA any construction activities that are reasonably anticipated to affect the operations of the Airport. Lessee is solely responsible for notifying and coordinating all temporary relocations of Lessee's employees, sublessees, occupants, and guests made necessary or as are required during the pendency of any construction work. 0. Inspections. During the progress of all work, the Director or another authorized represen- tative of Lessor may enter upon the Leased Premises and License Area and make such inspections as may be reasonably necessary for the purpose of satisfying Lessor that the work or construction is being performed in accordance with the terms and provisions of the Lease and Building Regulations, provided however, that Lessor shall not unreasonably interfere with the progress of such work. P. Utilities. Lessee shall be responsible for arranging and paying for, at its sole cost, alt utility connections necessary for utilizing the Leased Premises, the License Area, and all temporary buildings, and all utilities required under the plans and specifications for the Capital Improve - Page 4 of 9 ments; provided, however, Lessor shall assist and reasonably cooperate with Lessee, at no cost to Lessor, in making available to the Leased Premises' property line the existing utility infra- structure, it being understood and agreed that Lessee shall accept the existing utility infrastruc- ture in their currently existing locations on an "AS IS", "WHERE IS" basis, with no obligation on the part of Lessor to provide or construct any utilities needed for the Improvements. Q. Taxes and Licenses. During the construction of the Capital Improvements, Lessee must cause to be paid, prior to delinquency, any and all taxes of whatever character, including ad valorem and intangible taxes, if applicable, that may be levied or charged upon the Leased Premises, the Capital Improvements, License Area, or any operations thereon. Lessee shall cause to be paid any and all sales taxes arising in connection with the occupancy or use of the Leased Premises and License Area whether the taxes are assessed against the Lessee or any sublessee. Lessee must obtain and pay for all licenses or permits necessary or required by law for the construction of the Capital Improvements and must require any sublessee to obtain and pay for all licenses and permits necessary or required by law for the installation of equipment and furnishings, and any other licenses necessary for the conduct of its operations. If Lessee or any sublessee wishes to contest any tax or charge, such contest will not be a default under the Lease, so long as Lessee or such sublessee diligently prosecutes the contest to conclusion and promptly pays whatever tax is ultimately owed, Further, Lessee shall cause any taxes not being contested to be paid prior to delinquency. R. Aviation -Related Infrastructure. The parties agree that Lessee shall construct and install any required infrastructure improvements or enhancements necessary or desirable for the intended operation of the Capital Improvements as part of construction, such construction to be in accordance with the plans and specifications approved by the parties. S. Improved Access. Lessor agrees to cooperate with Lessee with respect to any roadway or access improvements required to enhance passenger vehicle traffic to the Leased Premises, provided however, that the costs of any necessary modifications shall be the sole responsibility of Lessee. T. Liens. Lessee intends to self -finance the construction and renovation costs of the Capital Improvements. In the event Lessee decides otherwise, Lessee shall be responsible for securing any construction financing required. The terms and conditions of the construction financing are subject to the sole discretion of Lessee, and Lessee agrees that it shall not allow any lien to attach to the Leased Premises or Lessee's leasehold interest, except as expressly permitted in the Lease or approved in writing by Lessor. Notwithstanding any such express provision or approval, Lessor's fee simple interest in the surface estate burdened by Lessee's leasehold estate and rent received from sublessees and managed areas, if any, must in all events be exempt from any such lien. U. Submission of Certificate of Occupancy. Upon completion of the construction and renovation of all Capital Improvements and prior to the physical occupancy of the buildings by Lessee or any of Lessee's sublessees, Lessee shall provide a copy of the issued CO to the Director. V. As -Built Plans. Upon final completion and acceptance by the Lessor and Lessee of the Capital Improvements, Lessee and Lessee's architect shall (i) certify to the Director that the Capital Improvements were completed according to the approved final plans and specifications and in compliance with all applicable Building Regulations and (ii) provide two sets of Mylar "as - built" plans and one electronic copy of the record construction documents to the Director, who will keep one set of plans on file at the Director's office in the Airport terminal and will provide Page 5 of 9 the other set to the City Secretary or Engineering Department, as applicable. Lessee must keep said delivered documents current during the pendency of the remaining Lease term by providing to the Director two new sets of Mylar "as -built" plans and one new electronic copy of all record construction documents in the event any alteration, modification, or addition in excess of $10,000 is made to the Capital Improvements and completed during the Lease term. The final square footage of the Capital Improvements shown in the "as -built" plans delivered by Lessee will serve as the new square footage figure used to calculate the lease rates applicable to the Capital Improvements. W. Ownership of Improvements. Upon completion of the Capital Improvements and acceptance by the City, ownership of the leasehold Capital Improvements constructed pursuant to this Second Amendment vests with Lessee, free and clear of all liens and other encum- brances or adverse interests on the real property, exclusive of Lessee's and its sublessees' removable fixtures, until the expiration of the Lease term on January 19, 2034, at which time ownership of all Capital Improvements constructed by Lessee vests with the City in accordance with the terms of the Lease. 6. Extended Lease Term. A. In exchange for Lessee's promises to fully fund, construct, and faithfully complete the in- tended Capital Improvements valued at $3,300,000 as set out in this Second Amendment, Lessee shall be granted an additional 15 years to the term of the Lease. Completion of the Capital Improvements is currently anticipated to occur by the end of April, 2017. Unless earlier terminated in accordance with the terms and conditions of the Lease, the parties intend and agree that each shall have vested rights as of the Effective Date of this Second Amendment and, accordingly, each agrees that the extended Lease term shall be fully binding upon the parties and shall be in full force and effect from and after the Effective Date, subject to Lessee's promised completion and Lessor's intended acceptance of the Capital Improvements. Once all Capital Improvements have been completed and accepted as contemplated by this Second Amendment, the new expiration date of Lessee's Lease term with the addition of the three five- year Option periods is anticipated to be January 19, 2034. B. The extended Lease term period is subject to all of the terms, conditions, and covenants of the Lease, First Amendment, and this Second Amendment, and all such provisions of the instruments shall continue in full force and effect between the parties. If Lessee fails to timely renew the one remaining five-year Option renewal period provided under the Lease, with such exercise by Lessee remaining conditioned upon an additional $1,100,000 investment, then all options with regard to any possible subsequent extension or renewal shall expire and be null and void. 7. Rent during Construction. A. Commencing on the Effective Date of this Second Amendment, Lessee shall continue to pay Lessor the same Premises Rent rates previously agreed to by the parties. B. Terminal Land Rent Rate. Upon Commencement of Construction, Lessee shall continue to pay to Lessor the existing rate for the terminal/office building identified as "WGA of 1" until such time as major demolition of the building commences. "Major demolition" means destruction that renders the terminal building unusable for Lessee's operation, such as by removal of the roof or exterior walls. The Director, in his sole discretion, shall determine when the building is deemed unusable. Once deemed unusable, the Director shall provide written notice to the Lessee. On the date following written notice to the Lessee that the terminal Page 6 of 9 building has been deemed unusable, Lessee shall be assessed the prevailing aeronautical improved land annual market rate of $0.30 per square foot, on a continuing monthly basis, on the portion of the Leased Premises to be occupied by the future terminal building, such square foot portion currently anticipated to be approximately 3,444 square feet. This revised annual market rate for the terminal land will remain in effect until a CO has been issued for the newly constructed terminal building. C. License Area Rent Rate. Upon Commencement of Construction, Lessee intends to occupy the License Area on a temporary basis for use with portable buildings. On the date Lessee places any portable building or Lessee's personal property upon or at the License Area, Lessee shall be assessed the prevailing aeronautical improved land annual market rate of $0.30 per square foot, on a continuing monthly basis, for the License Area, such area currently anticipated to be approximately 4,020 square feet. This annual market rate for the License Area will remain in effect until all temporary buildings and personal property have been removed by Lessee and the License Area subagreement is terminated, as set out in this Second Amendment. 8. By execution of this Second Amendment, Lessee undertakes to invest not Tess than $3,300,000 in order to exercise three five-year Options pursuant to the Lease and to construct and renovate the Leased Premises as set out in this instrument. In the event Lessee deems it necessary to expend more than the minimum investment in this paragraph, Lessee acknowledges and agrees that no portion of funds beyond the minimum investment will result, or be deemed to result, in the exercise of the fourth Option as described in the Lease nor in any additional period of years being added to the Lease. 9. Article 3, section 3.03, of the Lease is modified to include new subparts (c), (d), (e), and (f) to recognize Lessee's contemplated demolition and construction of a new terminal/office building, the included renovations, any future anticipated improvements to the Leased Premises that may be undertaken by Lessee, and the effect on the Appraisal periods, to read as follows: "(c) Notwithstanding the fact that the intended five-year period relevant to the next Appraisal cycle is due to occur in 2016, Lessee acknowledges and agrees that Lessor may deem it necessary to exclude Lessee's Leased Premises from the Appraisal due to the Commencement of Construction and to complete a separate supplemental appraisal report ("Supplemental Appraisal"), to be appended to the full five-year Appraisal report, once all newly constructed Capital Improvements have been completed and accepted. "(d) Lessor reserves the right to conduct a Supplemental Appraisal during the term of Lease or current Option period, if any, or any applicable extended term of the Lease, if new development, construction, or renovation of real property improvements is undertaken by Lessee during the remaining term of the Lease. "(e) Any Supplemental Appraisal report, although completed at a time beyond or outside the intended five-year period relevant to the Appraisal cycle, will not serve to extend the effective date of any rent rate increase that may be made pursuant to subpart (a) of this section." "(f) Notwithstanding subpart (e) above and the other provisions of this section, Lessee intends to undertake completion of a new terminal/office building and other improvements, as stated in the Second Amendment, which completion date is anticipated to occur at the end of April, 2017. Lessee acknowledges and Page 7 of 9 agrees that a separate Supplemental Appraisal will be conducted within a reasonably short period of time following completion of all construction, and any rent rate increases which may be indicated in the post -construction Supplemental Appraisal will not become effective until at least 30 days' advance notice to Lessee, as such notice period is set out in the Lease. Unless amended (as stated in the Lease), any new rent rates attributable to the post -construction Supplemental Appraisal of the April, 2017, Capital Improvements will take effect and remain in effect until completion of the next five-year Appraisal cycle currently anticipated to occur in 2021." 10. Article 16, section 16.02, is amended by adding the following sentence to the begin- ning of the section: "Lessee acknowledges that all Improvements presently existing on the Leased Premises are owned by the City of Corpus Christi." 11. Compliance with Law. Lessee shall ensure that it complies with all laws, rules, regula- tions, and codes that may be applicable to Lessee by execution of this Second Amendment and will further ensure that all provisions of the Lease, First Amendment, and this Second Amend- ment that may be applicable to Lessee's conduct and performance in undertaking, constructing, and occupying the Capital Improvements to be completed pursuant to this Second Amendment wilt be observed. 12. Triplicate Counterparts. This Second Amendment may be executed in any manner of triplicate counterparts, each of which is deemed to be an original of this instrument for all purposes. 13. Entire Agreement. This Second Amendment and the attachments and exhibits attached to this document and incorporated by reference set forth the entire agreement of the parties with respect to undertaking construction and renovation of intended Capital Improvements on the Leased Premises and extension of the additional 15 years of the Lease term. Excluding the executed Lease, First Amendment, and the License Area subagreement, no other agreements, assurances, conditions, covenants (express or implied), or other terms of any kind exist between the parties regarding this Second Amendment. [signature page follows] Page 8 of 9 EXECUTED in triplicate by the parties, to take effect upon the Effective Date of this Second Amendment. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Ronald L. Olson, City Manager Date: Date: Approved as to legal form: , 2016 Elizabeth Hundley Assistant City Attorney for the City Attorney LESSEE: Mercury Air Center—Corpus Christi, Inc., doing business as Atlantic Aviation Louis Pepper, Chief Executive Officer Date: %% 9 ZYr,/ LEASE GUARANTOR: Atlantic Aviation FBO Holdings, LLC -j Louis Pepper, PICb1 I rtt uthorized Person Date: a//9/c-2d/� ATTACHED AND INCORPORATED EXHIBITS: Exhibit A — Capital Investment and Development Plan Exhibit B — Insurance Requirements for Construction Exhibit C — Temporary License Area Subagreement w/Attachments Page 9 of 9 =Ti CORPUSUjSfl AIR.POVX Capital Investment and Development Proposal West Ramp General Aviation Facilities at Corpus Christi. Interination 1 Airport Revised January 7, 2016 I 3g , .i• , „ Deveiopm ent Michael Simmang, Regional Director- - Atlantic Aviation 4309 Emma Browning Avenue, Austin, TX 78719 (512) 925-3884 Tomas Torres, General Manager - Atlantic Aviation 549 Pinson Drive, Corpus Christi, TX 78406 (361) 289-1881 Ahed Shakhsheer, Project Manager — Pivot CM, LLC 11845. Waterhaven Court, Reston, VA.20190 (703) 673-6549 Teal.. Construction Company, Michael Miller— Preconstructio9 Manager. 5110B IH -37, Corpus Christi, TX 78407 (361) 882-4825 WKMC Architects, Inc., William McCord; AIA 909 S. Tancahua Street, Corpus Christi, TX 78404 (361) 563-0584 4 site Dynamics � .. Budgeted cost of this project - Additional improvements not included in construction; scope: 0 New GA Terminal fUimnishings 0 Advanced information technology throw ghoout:entire s n leasehold to increase security and customer !4s conveniences ' OW Projected start date — March 1, 2016 (pending Cit. ,Y Council and CCIA Notice -to -Proceed) -Expected: project completion ,date — N.ove.m°ber 2016 t Proposed Project Objectives Atlantic Aviation intends to renovate the facilities to meet company ;standards in regards to appearance, technology, s . and operations. These standards, address �the�expectations of customers and host authorities in the aviation community. Further, the projecte investment level is expected to satisfy requirements to obtain additional lease ter ' as stated in the Corpus Christi International Airport Amended and Restated Hangar an ' Fixed Base Operators Lease. There are six major areas that Atlantic Aviation will be renovating: 1 General Aviation Terminal Building 2. Hangar One 3. Intermediate Offices (between Hangars One and Two) 4. Hangar Two 5. Hangar Three b. Existing Vehicle Parking Area General Aviation Terminat The Scope of work will include: Relocating administrative and operational functions to a modular trailer positioned at the southeast corner of the adjacent parking iota ot. HJ,! Coordinating security and AOA 'access with CCPD and TSA during thislemporary Condition.* 1 Completely demolish the existing building. Construct a new two-story building .on the ground where the former terminal was: located: I ' The building will ihave new facade, ADA toilets and up-tti-date finishedspace. Hangar I:ne w Hangar One will receive,the most extensive ' b. renovation of the three hangars. Scope of work shall include: E i Demolition of all temporary structures hangar. Remove and replace existing hangar door tracks. o, Paint the hangar interior Install new emergency and exit lighting. •' btr Install new door to allow emergency egress to! lindsi' e. r } i Replace cracked concrete slab between the hanga.r and the ramp. Instrmiediate Offices The scope of work will include: ; !!! The tenants will be relocated to temriorary.inrOdulaii trailers,(location reflected in accompanying i documents). 1. o. Renovation of existing office space. 10 Modify Hangars One & Two doors to allow egoss f om the offices to the Layout and finishes of the tenan.(space will. be coordinated with the current AdditiciTeribdt 1, Construct a storage -mezzanine level as allowed by code. ; Hangars Two and Th Tee The scope of work will include: N Paint the hangars' interior. b Install new emergency and exit lighting. N > Install exterior„door, f.0 allow emergency egress to, lanEide. I> Replace concrete slab between 41e ihjahia 94F1 the ramp. a •• ' Vehicle arking Aire. The scope of work will include: o Repair damaged base Mill, concrete stabilized, and relayed th.ea;r�kin - pt, g, lot per the recommendations of the civil engineer. i Re -stripe for parking usage in accordance with the ADA and local governances. a Pave the air -side alley between Hangars Twcitnd g Three similar to the vehicle parking area. • 1 .. r Air^1.%, ,... 1r^.a♦ • iii is �i swat r S General Aviation Terminal Renovation IllifitittlillEMEMEINIEMBEEENIMEMOISEINYI11��i1�1lL IL -'UI View from Northwest srxs:xx. or IB Test Consbudlan 11*a ix= ems cum 1Y71113 PUI IMAM Capital Improvements West Ramp General Aviation Facilities at Corpus Christi International Airport L=-,) u p Atlantic Aviation Aviatlon 549�kPson Drive C"'W a t TX 78406 n Ilticits Wit tC sAnistects LTimm GeraII 71171*1 - fGeneral Aviation Terminal Renovation View from Northeast SCAM WS• r-0• U Teal Caraaue8crf Csio6.14 rzIOW Pill Main View from Southeast WAIL WA. r.P Capital Improvements West Rump General Aviation Facilities at Corpus Christi IntamaUcmei Airport ll 0 Atlantic Aviation 544 Pinson Oliva [wpm IX Mist WIELArrrricrs MAC A:Mods IQ7 LTaowa Clem IN . At 11414 General Aviation Terminal Renovation 1 FBO First Floor - Plan • =Ws 34t. MAL Teal Cambodian niwu►sr oTit twit os I) Dual Cepltal Improvements Wast Rami} General Aviation Facilities at Corpus Christi International Airport Atlantic Aviation 519 Pinson Drive Caput Magi, TX 78106 MEM fins r0111 a..arnrM 04110+40« a [� General Aviation rermintsl Renovation. P1nm11J! M3111111 FBO Second Floor - Plan Tail Construction bWUIR Pophs17.4•1.11 MP? 01119134121 Capital Improvements West Ramp General Aviation Facilities at Corpus Christi international Airport Atlantic Aviation 549 Pinson Drive Corpus Christi, TX 78405 k awnxrr• raYjp WiltWitirres 14104C Panned' ie Ittsmoda 111tl1r ON • k -1I1 i:. -.. I.�s�..'� t% M N 1 Interinedlate Office Renovation I 1 I • ' �i • tf •r . • • Intermediate Office & Shopes - Floor Plan wucvsr• ro WAL Tal Conatrudton SI IMulU C.MMIKUMW nenstuai Capital Improvements West Ramp General Aviation Facilities at Corpus Christi International Airport Atlantic Aviation 549 Pinson Drive Corpus Christ', IX 76406 4i Vieg ricrs WPC Mitarla INPILTOUOlid CrprDIM TZfl l Tea! Co titan Camp ny G:gr:uu - gers C- anerd Confr dca 5110B 01.37 J Carpus CFuistl, TX 78407 Rime 361-882-4825 1 Fax 361.8824636 Improvements to Atlantic Aviation CRP Corpus Christi International Airport Proposed Construction Budget: Div. Area of Work $/SF Cost % 2 SITEWORK $22.93 $316,463.00 9.6% 3 CONCRETE $6.34 $87,500.00 2.7% 4 MASONRY $0.24 $3,360.00 0.1% S METALS $12.83 $177,000.00 5.4% 6 WOOD/PLASTIC $7.03 $97,010.00 2.9% 7 THERMAL/MOISTURE _$5.39 $74,380.00 2.3% 8 DOORS/WINDOWS $15.77 $217,650.00 6.6% 9 FINISHES $38.21 $527,311.00 16.0% 10 SPECIALTIES $5.15 $71,030.00 2.2% 11 EQUIPMENT $0.00 $0.00 0.0% 12 FURNISHINGS $0.00 $0.00 0.0% 13 SPECIAL CONSTRUCTION $1.05 $14,464.00 0.4% 14 CONVEYING $5.80 $80,000.00 2.4% 15 MECHANICAL $16.16 $223,000.00 6.8% 16 ELECTRICAL $12.04 $166,159.00 5.0% SUBTOTAL $148.94 52,055,327.00 GENERAL CONDITIONS $20.81 $287,154.00 8.7% OH&P $13.52 $186,642.00 5.7% INSURANCE $1.82 $25,123.00 0.8% BOND $3.30 $45,607.00 1.4% TEMP CONSTRUCTION $3.84 $53,037.00 1.6% PERMITS $1.98 $27,295.00 0.8% TAXES $7.69 $106,056.00 3.2% CONST. MANAGEMENT $2.90 $40,000.00 1.2% SUBTOTAL 1 $204.80 $2,826,241.00 A&E $16.32 5225,280.00 6.8% SUBTOTAL 2 $221.12 $3,051,521.00 CONTINGENCY $18.01 $248,479.00 7.5% TOTAL $239.13.. $3,300,00000 www.tealcon.com •1•14•A- •ts% Y,^ -'fir14 -rs't=' attti1' th+t!s 1.1 ,1 e Customer ecus As always, providing for our customers' safety aqd satisfaction are at the top of Atlantic's cor oratetu:Iture. p To this end, our site,rn;nagernent and staff will take every measure to minimize inconveniences, and communicate progress to those we(serve., ,Expeq to s;ee . additional customer perks as we go; through this)process. The end result will definitely be worth the effort! ATL��1Vl December 14, 2015 Mr. Fred Segundo, A.A.E. Director of Aviation Corpus Christi International Airport 1000 International Drive Corpus Christi, TX 78406 Dear Mr. Segundo, Per the Corpus Christi International Airport Amended and Restated Hangar and Fixed Base Operator's Lease, Mercury Air Center — Corpus Christi, Inc. dba Atlantic Aviation acknowledges the requirement for a Capital Improvement Plan and related budget for presentation to the City of Corpus Christi in consideration of exercising three of the four available Option terms commencing at the end of the initial term. Per your directions in the note on Friday, December 11, 2015, it is Atlantic Aviation's intent to: • Submit all final as -built drawings and plans when complete and stamped by an engineer of record. • Submit all final direct construction costs of the project after completion of all improvements. • Invest no Tess than $3.3 million in Direct Construction Costs in order to extend the term of the Amended and Restated Lease for an additional 15 -year period. • Provide a performance bond or irrevocable standby letter of credit in the prescribed time and amount in accordance with the Amended and Restated Lease and Addendum #1. Very sincerely, Mic el Simmang, Region. Director Atl ntic Aviation Corpus Christi Int'I Airport (KCRP) • 549 Pinson Dr. • Corpus Christi, TX 78406 • (361) 289-1881 EXHIBIT B INSURANCE REQUIREMENTS I. LESSEE'S CONTRACTOR'S LIABILITY INSURANCE A. Lessee's contractor must not commence occupancy of Property located at the Corpus Christi International Airport under this contract until all insurance required has been obtained and such insurance has been approved by the City. Lessee's contractor must not allow any sub -Lessee's contractor to commence work until all similar insurance required of any sub -Lessee's contractor has been obtained. B. Lessee's contractor must furnish to the City's Risk Manager and Director of Aviation Dept. two (2) copies 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 Genera[ liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate 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 $1,000,000 Combined Single Limit WORKERS' COMPENSATION All states endorsement required if Lessee's contractor is not domiciled in State of Texas. EMPLOYER'S LIABILITY Statutory $500,000 /$500,000 /$500,000 BUILDER'S RISK All Perils including Collapse For total value of construction project PERSONAL PROPERTY INSURANCE Lessee's contractor, at their own expense, shall be responsible for insuring all owned, leased or rented personal property. C. In the event of accidents of any kind related to this contract, Lessee's 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, Lessee's 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 Lessee's contractor will be promptly met. An All States Endorsement shall be required if Lessee's contractor is not domiciled in the State of Texas. B. Lessee's contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof at Lessee's 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. Lessee's 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 Lessee's contractor or as requested by the City. Lessee's 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. Lessee's 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, Lessee's contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's 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 Lessee's 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 Lessee's contractor to stop work hereunder, and/or withhold any payment(s) which become due to Lessee's contractor hereunder until Lessee's contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee's contractor may be held responsible for payments of damages to persons or property resulting from Lessee's contractor's or its sub -Lessee's contractor's performance of the work covered under this contract. H. It is agreed that Lessee's 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. 2016 Insurance Requirements Aviation Dept. Atlantic Building Project 2/2/2016 ds Risk Management EXHIBIT C LICENSE AGREEMENT FOR TEMPORARY MODULAR BUILDINGS STATE OF TEXAS COUNTY OF NUECES § THIS license agreement ("Agreement") is entered into by and between the City of Corpus Christi ("City"), a Texas home -rule municipal corporation, Mercury Air Center — Corpus Christi, Inc., dba Atlantic Aviation, and Atlantic Aviation FBO Holdings, LLC, (the two latter parties to be collectively referred to in this Agreement as the "Licensees"). This Agreement forms part of the Second Amendment to the Lease, such lease being presently in effect, and is joined to the Second Amendment instrument by mutual agreement of all parties. WHEREAS, City owns the real property and improvements located at the Corpus Christi International Airport, Corpus Christi, Texas, and being more particularly described as a unique parcel of unplatted real property ("Premises"), as shown in Attachment "A"; WHEREAS, the Licensees desire to utilize the Premises on a temporary basis during the period in which Licensees construct and renovate certain improvements ("Improvements") on an adjacent parcel of real property presently under lease (the "Leased Premises") by the Licensees; and WHEREAS, the Licensees have requested City to allow the use and occupancy of the Premises for Licensees' need to relocate their business operations while the Leased Premises is under construction and renovation. NOW THEREFORE, in accordance with Article IX, Section 1, of the City's City Charter and in consideration of the payment of rentals under the Lease by Licensees and the amounts to be paid pursuant to the Second Amendment, the City does grant to Licensees, for the term and upon the conditions stated in this Agreement, a License for the right to install, operate, occupy, maintain, repair, and remove one or more portable modular buildings ("Temporary Buildings") on the Premises. The area which the Licensees are granted for the location of the Temporary Buildings is referred to in this Agreement as the "License Area." Licensees agree that the License Area may not be expanded, enlarged, or altered in any way nor shall the number of Temporary Buildings exceed two without the prior written approval of the City, acting by and through the City Manager or his designee ("City Manager") or the Director of Aviation ("Director"). TO HAVE AND TO HOLD the same License granted unto Licensees, their successors and assigns, together with the right under the conditions specified in this Agreement, to at any time enter upon the above described License Area to install, Page 1 of 9 operate, occupy, maintain, repair, or remove Licensee's Temporary Buildings, and being further understood that the License granted by this Agreement is subject to the Licensees' compliance at all times with the following conditions, the City and Licensee therefore agree as follows: A. The preamble language above is adopted by the parties as true and correct, the substance of which is incorporated by reference into this Agreement as if fully set out here in its entirety. B. This Agreement, and the rights granted under the Agreement, may be revoked at any time by the City upon providing the Licensees not less than 30 days' advance written notice by the City Manager or Director. In the event of a revocation of the License by the City Manager or Director, or the earlier termination of this Agreement by either party, no portion of any payment made under this Agreement is refundable to the Licensees. C. This Agreement is for a limited duration of time beginning on the date of Commencement of Construction, as such term is defined in the Lease, and continuing until the completion of the Improvements and occupancy of same by Licensees, at all times this Agreement remaining subject to termination under paragraph A above. In addition to other specified events or actions as stated in this Agreement that can result in termination of this Agreement, this Agreement also terminates if Licensees discontinue or abandon completion of the improvements or fail to commence construction of the improvements by the 36m month of the Lease. The License granted pursuant to this Agreement is made expressly subject and subordinate to the right of the City to use the Premises for any public purpose including, but not limited to, the laying of utility lines or traversing the License Area for security reasons. In the event the City gives notice of termination under paragraph A, Licensees shall promptly, at their sole cost and expense, make or cause to be made the removal of the Temporary Buildings. Licensee shall reimburse the City for the cost of the City's removal of the Temporary Buildings if Licensee does not promptly remove them within the notice period. D. This Agreement may not be assigned by Licensee without the City Manager's or the Director's prior written consent. E. The Licensees shall acquire and maintain at all times for the term of this Agreement insurance coverage pertaining to the License Area granted under this Agreement and the activities authorized by this Agreement. The types of required insurance coverages must be in the minimum amounts set forth in Attachment "B", the substantive content of such document being incorporated by reference into this Agreement as if fully set out here in its entirety. The insurance policies must name the City as an additional insured and may not be canceled, renewed, or materially changed by Licensees unless at least 10 days advance written notice has been provided to the City. Page 2 of 9 Upon the City Manager's written request, Licensee shall provide copies of all requested insurance policies to the City's City Attomey. F. Should construction be deemed necessary by Licensees in the License Area, construction plans and specifications for all proposed work must be submitted in advance by the Licensees to the City's City Engineer and Director for approval prior to beginning the construction process. The plans and specifications must show the depth and location of the proposed construction and distance from existing water, storm water, wastewater, and gas lines. The Licensees shall also comply with all laws, rules, regulations, and ordinances applicable to construction in the City and on public property including, but not limited to, obtaining all required permits. Licensees shall incur and fully pay for all labor and materials used in the License Area and will not permit or suffer any mechanic's or materialman's liens of any nature whatsoever to be affixed against the Premises by reason or any work done or materials furnished to the License Area at the Licensees' request. G. Prior to the start of any approved construction, Licensees shall require every contractor and subcontractor to provide proof of insurance of the types and in the amounts required by the City's Risk Manager. Additionally, Licensees shall require their contractors and subcontractors to indemnify the City, its officers, employees, representatives, agents, licensees, and invitees in the same manner that Licensees have provided indemnification to the City pursuant to this Agreement and the Lease. H. Licensees shall provide all necessary and proper safety devices so as to prevent injuries or accidents in the License Area, in as much as possible. I. At least 48 hours prior to beginning any approved construction, Licensees shall contact 1-800-DIG-TESS and the Lone Star Notification Center (1-800- 669-8344) as well as any other required agency or authority. Additionally, at least 48 hours prior to beginning any approved construction, Licensees shall give notice and verify depth and location of communication lines or communication fiber optic cables, whichever is applicable, to the following: • City Utility Departments, including Water, Storm Water, Wastewater and Gas; • American Electric Power (AEP); • American Telephone and Telegraph (AT&T); • CenturyTel; • Time Warner; • Grande Communications; and • Any and all other certified telecommunications providers. Page 3 of 9 A City inspector may request that a utility line be uncovered to verity its depth or location. J. Any construction process and use of the License Area by Licensees shall not interfere with the construction, installation, operation, maintenance, repair, removal or replacement by the City or any of its agents, contractors, or franchisees of any existing or future proposed sidewalks, utility lines, or other uses. If the City or any franchisee with utilities currently located in the License Area needs access to the area, Licensees shall pay for removing or relocating any personal property or Temporary Buildings in the License Area to allow access to utility lines for maintenance, repair, replacement, or removal of the utility lines. Following any construction by Licensees, Licensees shall repair the License Area to its original condition or cease to use the License Area, at which time this Agreement immediately terminates. K. City Traffic Engineer requirements pertaining to this Agreement, if applicable in context: 1. At least 48 hours prior to commencing any approved construction, the Licensees shall file and obtain approval for a traffic control plan with the City's Traffic Engineer. No closure or barricading of a public right-of-way or any portion of a public right-of-way may occur before approval of the traffic control plan and, if applicable, approval of a detour or barricade plan has been obtained from the City's Traffic Engineer. 2. Should Licensees require a trench, pit, or similar excavation be dug during approved construction, the Licensees shall file and obtain approval for barricading said trench, pit, or excavation in accordance with the Texas Manual on Uniform Traffic Control Devices from the City's Traffic Engineer. [See paragraph "P" of this Agreement for additional requirements regarding trenches, pits and similar excavations.] L. If, as determined by the City Manager, damage occurs to any gas, water, storm water, or wastewater line, Licensees shall allow the City immediate access to the License Area to perform an assessment, make repairs, or take any other action deemed necessary by the City. Determination of the extent of damage and repairs necessary to restore the utility line(s) shall be made by the City Manager. All costs of the City associated with said damage and repair, including labor and materials, shall be paid by Licensees within 30 days of the City's invoice. M. Should construction become necessary near existing water or wastewater lines, Licensees shall take every precaution not to disturb the soil surrounding any such lines, including all thrust blocks. Page 4 of 9 N. If any approved work is conducted near any existing water main, it shall be done under the inspection of a City inspector at a daily rate of $310.35 for each day spent inspecting construction, installation, maintenance, repair, replacement, or removal in the License Area. A half-day, being four hours or more of work time by the City inspector, constitutes a whole working day for purposes of calculation. Any time in excess of eight hours a day, or on a Saturday, Sunday or holiday, shall be calculated at a daily rate of $58.18 per hour. Any assessed inspection fees shall be paid by the Licensees to the appropriate City department within 30 days of the City's invoice. These amounts will be adjusted annually each year on October 1 to reflect any pay increases that may be attributable to the rates charged. O. At any and all times, Licensees shall be responsible for the repair and maintenance of the License Area including, but not limited to, any costs associated with damage occurring due to natural weather elements/occurrences or man-made forces. Should damage occur to the License Area, regardless of the type of damage, Licensees shall immediately repair the damage upon notice by the City. Failure to repair within the notice period provided to Licensees immediately terminates this Agreement without any further action needed on the part of the City. P. Licensees shall repair, or cause to be repaired, any damage to driveways, culverts, head walls, landscaping, sidewalks, curbs, gutters, and any other structure, public or private, resulting from or caused by reason of construction, installation, maintenance, repair, removal, replacement or operation of the License Area. Q. If a trench, pit, or other excavation is required during approved construction, no trenches, pits, or other excavation, other than bore pits, shall be left open overnight, except as specifically authorized by the City's Director of Development Services and City's Engineer. Bore pits are not allowed open for a period of longer than 14 calendar days, regardless of location. All trenches, pits, or other excavations, other than bore pits, shall be backfilled by the Licensees promptly and in accordance with current City standards and specifications and as per the City inspector's request. All trenches, pits, and other excavations, including bore pits, shall be barricaded by the Licensees in accordance with the Texas Manual on Uniform Traffic Control Devices and as approved by the City's Traffic Engineer. [See paragraph "J.2." of this Agreement for additional requirements pertaining to trenches, pits, and other excavations.] R. If backfilling becomes necessary, all backfill, specifically including in and around existing utilities, shall be made by Licensees according to current City standards and specifications and as required by a City inspector. Page 5 of 9 S. LICENSEE COVENANTS AND AGREES TO FULLY INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY AND THE ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS, VOLUNTEERS AND REPRESENTATIVES OF THE CITY, INDIVIDUALLY AND 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 PROPERTY DAMAGE, MADE UPON THE CITY DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO LICENSEE'S USE OR OCCUPANCY OF THE LICENSE AREA UNDER THIS LICENSE AGREEMENT, INCLUDING ANY ACTS OR OMISSIONS OF LICENSEE, ANY AGENT, OFFICER, DIRECTOR, REPRESEN- TATIVE, EMPLOYEE, CONSULTANT, SUB -LICENSEE, ASSIGNEE OR SUBCONTRACTOR OF LICENSEE, AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIREC- TORS AND REPRESENTATIVES WHILE IN THE EXERCISE OF PERFORMANCE OF THE RIGHTS OR DUTIES UNDER THIS LICENSE AGREEMENT, ALL WITHOUT, HOWEVER, THE CITY 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 THE CITY, THE ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS AND REPRESENTATIVES OF THE CITY UNDER THIS LICENSE AGREEMENT. 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. LICENSEE AND THE CITY SHALL PROMPTLY ADVISE THE OTHER PARTY IN WRITING OF ANY CLAIM OR Page 6of9 DEMAND AGAINST THE CITY OR LICENSEE WHICH IS MADE KNOWN TO THE DISCLOSING PARTY RELATED TO OR ARISING OUT OF LICENSEE'S ACTIVITIES UNDER THIS LICENSE AGREEMENT, AND LICENSEE SHALL SEE TO THE INVESTIGATION AND DEFENSE OF SUCH CLAIM OR DEMAND AT LICENSEE'S REASONABLE COST. THE CITY SHALL HAVE THE RIGHT, AT ITS OPTION AND AT ITS OWN EXPENSE, TO PARTICIPATE IN SUCH DEFENSE WITHOUT RELIEVING LICENSEE OF ANY OF ITS OBLIGATIONS UNDER THIS PARAGRAPH. IT IS THE EXPRESS INTENT OF THE PARTIES TO THIS LICENSE AGREEMENT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS AN INDEMNITY EXTENDED BY LICENSEE 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 PARAGRAPH 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. LICENSEE FURTHER AGREES TO INVESTIGATE, SETTLE, AND DEFEND, AT ITS OWN EXPENSE AND ON BEHALF OF THE CITY AND IN THE NAME OF THE CITY, WITH COUNSEL REASONABLY SATISFACTORY 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. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE PERFORMANCE OF THIS LICENSE AGREEMENT. T. All signatories to this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signatures. Page 7 of 9 U. Unless otherwise stated in this Agreement, any notice required or permitted to be given under this Agreement must be sent in accordance with the provisions of the Lease between the parties and addressed to the notification addresses contained in that document. Any party may, by notice to the other parties in accordance with the provisions of the Lease, specify a different address or addressee for notice purposes of this Agreement. V. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created pursuant to this Agreement are performable in Nueces County, Texas. Venue for all actions arising from, out of, or related to this Agreement must be brought in Nueces County, Texas. W. This instrument, including exhibits, constitutes the entire agreement between the City and the Licensees, and no prior written, oral, or contemporaneous promises, warranties, or representations shall be binding upon any parties. This Agreement may only be amended by written instrument signed by authorized representatives of the City and Licensees and approved as required by City law. X. Any payments that may be due from the City pursuant to this Agreement may only be made from current revenues available to the City. EXECUTED IN TRIPLICATE by the parties and made effective upon the Effective Date of the Second Amendment to the Lease between the parties, such Second Amendment being executed concurrently with this instrument and to which this instrument is joined. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Date: Approved as to legal form: , 2016 Elizabeth Hundley Assistant City Attorney for the City Attorney Ronald L. Olson, City Manager, or his designee Date: Page 8 of 9 LESSEE: Mercury Air Center --Corpus Christi, Inc., doing business as Atlantic Aviation Louis Pepper,Chief Ex7tive Officer Date: e i/l 9/2/G G /c LEASE GUARANTOR: Atlantic Aviation FBO Holdings, LLC Louis Pepper,//'I a tt- Authorized Person Date: /% 9�.Gi�- ATTACHED AND INCORPORATED EXHIBITS: Attachment "A" — Premises / License Area Attachment "B" — Insurance Requirements for Use Page 9 of 9 ATTACHMENT "A" O ficAs.f14.1 ^' 10,._6" }1-.+q ..M'✓�i'7-� .`c ♦ 4_ iA11 �R'Q '�'J �� J 4s�R �Ct� r .� ' '..'1 4 , ii, ____ _. . ,. r.+Ltal -at i fmMI-Armrir 1$ fisnn ar..�I! kY,Cor :U`.fbrfNo::ri "."0"'°"„`:-_ "'°` 1 tke Era l;dYaiid hn. Aibric-,tr Ull'vv7u t-gldr-ndrn- Trow p�rkFr1q wthIh 1 1`ibitiati-b•ACIA:fenca .AC3r . n 1pzia-fifti r 3of l-te-aimarLh,gh', birbdsro,st{jrrs7.AhFJTeJlrrner1I AUAL4::tC • div tt Jai ATTACHMENT "B" INSURANCE REQUIREMENTS I. LICENSEE'S LIABILITY INSURANCE A. Licensee shall not commence work under this Agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Licensee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Licensee shall furnish to the Risk Manager and Director of Aviation two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy, auto liability policies by endorsement, and a waiver of subrogation by endorsement is required for the workers' compensation policy. 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 Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence / aggregate COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractor 7. Underground Hazard (if applicable) 8. Hanger Keepers $10,000,000 Per Occurrence $10,000,000 Aggregate ENVIRONMENTAL IMPAIRMENT LIABILITY $2,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned $5,000,000 Combined Single Limit PROPERTY INSURANCE Licensee is responsible to insure all personal property. WORKERS' COMPENSATION All States endorsement is required if Licensee is not Domiciled in Texas. EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph II Of This Exhibit. $1,000,000 / $1,000,000 / $1,000,000 C. In the event of accidents of any kind related to this Agreement, Licensee shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. II. ADDITIONAL REQUIREMENTS A. Licensee must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All States" endorsement shall be required if Workers' Compensation policy is not written in accordance with Texas Department of Insurance rules. B. Licensee shall obtain and maintain in full force and effect for the duration of this Agreement and any extension hereof, at Licensee'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. Licensee shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Licensee shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following addresses: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3680 Fax: (361) 826-3697 Department of Aviation Attn: Director 1000 International Drive Corpus Christi, Texas 78406 (361) 289-0171 ext. 1210 Fax: (361) 289-0251 D. Licensee agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement or comparable policy language, as respects operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and Page 2 of3 • 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, Licensee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Licensee's performance should there be a lapse in coverage at any time during this Agreement. Failure to provide and to maintain the required insurance shall constitute a material breach of this Agreement. F. In addition to any other remedies the City may have upon Licensee'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 Licensee to stop work hereunder and/or withhold any payment(s) which become due to Licensee hereunder until Licensee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Licensee may be held responsible for payments of damages to persons or property resulting from Licensee's or its subcontractor's performance of the work covered under this Agreement. H. It is agreed that Licensee'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 ins req. Aviation Dept/ — Temporary License Agreement Atlantic Aviation 2/17/2016 ds Risk Mgmt. Page 3 of 3 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: 2016-16762 Date Filed: 02/22/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Atlantic Aviation FBO Holdings, LLC Plano, 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 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 goods or services to be provided under the contract. XXX 2nd Amendment to License Agreement at Corpus Christi International Airport (as Guarantor) 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Giugliano, Margaret New York, NY United States X 5 Check only if there is NO Interested Party. ❑ I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. 6 I I 0.*: ,,/k v 4r te RUTH ANNELLE 1015 IRAEEN Han 101 X11119 I My OMMhitsion Expires I Much 1, 2010 ( - �' _, Signature . orized agent of contracting business entity �% 41 4U /S 77 AF-Ade-e, , this the «vim day of regswA.Q(/ `� • AFFIX Sworn 20 — _ NOTARY to and subscribed / 4, , to certify - __+ __AiIlb STAMP / SEAL ABOVE before me, by the said ,l which, witness my hand and seal of office. //9n ti�uG-l�E2 A/ /%/. /ivAifiG- 6ti' /�'A 2i€Gcl Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Ari✓,rtt Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.312 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: 2016-16766 Date Filed: 02/22/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Mercury Air Center-Corpus Christi, 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 goods or services to be provided under the contract. XXX 2nd Amendment to Lease at Corpus Christi International Airport 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Giugliano, Margaret New York , NY United States X 5 Check only if there is NO Interested Party. ❑ 6 hCC1Oir �'�" * °k. # P. RUTH ANNELLE VEREEN Notuy ID N 5274419 My Commission Expins March 1, 2020 I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. I re" ----.., Signature of auto . ized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE //�� Sworn to and subscribed before me, by the said Louis / /moi /''ie , this the day of/1 / L14.2)/, 20 /6:' , to certify which, witness my hand and seal of office. � ��t A c1t— ir�4N,O�u.el/ A' � / 4449ea i/SAF fpm , 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 V1.0.312 West FBO Facilities COLIA CORPUS CHRISTI INTERNATIONAL AIRPORT Vehicle Parking Renovation • .^ Hangar 2 .� Reneiatlon • IV Mal 41 • Hangar 1 I • 120 I Renovation s. ' 24 ent Intermediate GA Office Terminal Renovation Renovation Tarmac connector replacement fr: gee ogle earth AGENDA MEMORANDUM First Reading Item for the City Council Meeting of March 8, 2016 Second Reading Item for the City Council Meeting of March 29, 2016 DATE: TO: January 29, 2016 Ronald L. Olson, City Manager FROM: Fred Segundo, Director of Aviation FredScctexas.com (361) 289-0171 ext. 1213 Replacement of mesh fabric for covered parking canopy at Corpus Christi International Airport CAPTION: Ordinance appropriating $178,000 from the unreserved fund balance in the No. 4610 Airport Fund for replacement of the covered parking canopy fabric and hardware at the Corpus Christi International Airport ("Airport"); amending the FY2016 Operating Budget adopted by Ordinance No. 030620 to increase expenditures by $178,000; and authorizing the City Manager or designee to execute an agreement for $177,132 with USA Shade & Fabric Structures for this turnkey project at the Airport. PURPOSE: As a result of recent weather events including high winds, the fabric on the covered parking fabric sustained three substantial tears. Based on cost and remaining economic life of the fabric, Airport Staff is recommending total replacement of the fabric rather than partial repairs. BACKGROUND AND FINDINGS: The Covered Parking Lot structure at Corpus Christi International Airport was installed during the summer of 2004 at a contract price of $1,143,095 by Sun Port International now known as USA Shade & Fabric. The Covered Parking Lot provides shade for airport customer's vehicles with 321 available slots. The Covered Lot annually generates approximately $800,000 of revenue and is a popular feature for customers particularly during the summer months. As a result of our customer's demand for covered parking, Airport Staff is working with Republic Parking and our business development team to determine possible funding options for expansion of the Covered Parking Lot. Restructuring of the parking rates could provide some of the funding. Airport Staff will present recommendations to the City Council at a future date. ALTERNATIVES: No viable alternative exists to the recommended funding option. The Federal Aviation Administration (FAA) considers the project to be major maintenance and thus not eligible for federal funding. Airport Staff discussed financing options with the City's Treasury Department. The Treasury and Legal Departments determined that provisions of the current lease financing agreement with Frost Bank would not allow for this project to be approved. The only option would be to delay or defer the project which could cause further deterioration / damage of the fabric resulting in customer service issues and revenue loss. OTHER CONSIDERATIONS: Not Applicable EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Purchasing Legal Financial Services Management and Budget 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 $10,085,835 $10,085,835 Encumbered / Expended Amount 0 0 This item (additional revenue) $178,000 $178,000 BALANCE $10,263,835 $10,263,835 Fund(s): Airport Fund - 4610 Comments: None RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Service Agreement Ordinance appropriating $178,000 from the unreserved fund balance in the No. 4610 Airport Fund for replacement of the covered parking canopy fabric and hardware at the Corpus Christi International Airport ("Airport"); amending the FY2016 Operating Budget adopted by Ordinance No. 030620 to increase expenditures by $178,000; and authorizing the City Manager or designee to execute an agreement for $177,132 with USA Shade & Fabric Structures for this turnkey project at the Airport. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funds in the amount of $178,000 are appropriated from the unreserved fund balance in the No. 4610 Airport Fund for replacement of the covered parking canopy fabric and hardware at the Corpus Christi International Airport ("Airport"), and the FY2016 Operating Budget, adopted by Ordinance No. 030620, is amended to increase expenditures by $178,000. SECTION 2. The City Manager, or his designee, is authorized to execute an agreement for $177,132 with USA Shade & Fabric Structures, Inc., of Dallas, Texas, for a necessary turnkey/complete fabric replacement and hardware project of the covered parking canopies at the Airport. 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 Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas 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 Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 2016. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor SERVICE AGREEMENT FOR AIRPORT CANOPY REPLACEMENT Contract No. 656 THIS Airport Canopy Replacement Service Agreement (this "Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting by and through its City Manager or his designee ("City Manager"), and, Shade Structures, Inc., doing business as USA Shade & Fabric Structures ("Contractor"), of Huntersville, North Carolina, is effective for all purposes upon execution by the City Manager. WHEREAS, Contractor has proposed a turnkey fabric, hardware cables, and brackets replacement of the airport's vehicle protection canopy structure as per Quote #: WW-001063-CCIA; and WHEREAS, the City has determined Contractor to be a vendor qualified by the Texas Local Government Purchasing Cooperative (TLGPC). NOW, THEREFORE, City and Contractor enter into this Agreement and agree as follows: 1. Services. Contractor shall provide turnkey fabric, hardware cables, and brackets replacement in accordance with quote WW-001063-CCIA which includes design and engineering, furnished materials, and warranty dated 2/16/16 ("Services"). Contractor's proposal to provide the Services is attached to this Agreement and incorporated by reference into this Agreement as Exhibit "A". 2. Term. This Agreement is for a term of seven weeks, commencing on the date signed by the City Manager and continuing until completion of the work and includes a continuing one-year workmanship warranty and a 10 -year fabric warranty (with the last two years prorated at 30%). 3. Payment. 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 and communications regarding this Agreement must be directed to the Contract Administrator, who serves as the Airport Contract Administrator, unless indicated otherwise in this Agreement. 5. Independent Contractor. Contractor shall perform the Services as an independent contractor and furnish such Services in its own manner and method, and under no circumstances will any employee, agent, or representative of the Contractor be considered an employee of the City. t( 6. Insurance. Before Services can begin under this Agreement, the Contractor's insurance company must deliver a Certificate of Insurance as proof of the required insurance coverages to the Contract Administrator. Additionally, the certificate must state that the City's Risk Manager and the Contract Administrator will be given at least thirty (30) days' notice 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 to Contractor. 7. Payment and Performance Bonds. Before Services can begin under this Agreement, the Contractor's bonding company must deliver a Certificate of Surety Bond as proof of the required payment and performance bonds to the Contract Administrator. A payment bond is necessary if the Agreement is in excess of $25,000 and a performance bond is necessary if the Agreement is in excess of $100,000. Both the payment and performance bonds must be in the amount of the Agreement. If the Agreement increases at any time during the project, then the bonds must be amended to reflect the increase. 8. Assignment. No assignment of this Agreement or of any right or interest in this Agreement held by the Contractor is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City Manager 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 each September 30th) is subject to budget approval and appropriations providing for such contract item as expenditure in the fiscal budget. The City does not represent that a budget item for this Agreement will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each fiscal 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. Compliance with Laws. Contractor shall comply with all applicable federal, State, and local laws, rules, and regulations in the performance of this Agreement. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties must be performed in Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas, and the forum and venue for such disputes is the appropriate State or federal court in Nueces County, Texas. 12. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Pagt'bf Contractor. All requirements set forth as part of this Agreement, including the insurance requirements, 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. This Agreement may be amended only in writing and signed by persons authorized to execute the same by both parties. 14. Termination. A. The City Manager may terminate this Agreement for Contractor's failure to perform the Services specified in this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period stated in the notice, the City may terminate this Agreement immediately thereafter. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. B. Alternatively, the City may terminate this Agreement without cause upon 20 days' advance written notice to the Contractor. However, the City may terminate this Agreement upon 24 hours' advance written notice to the Contractor for the Contractor's failure to pay any required taxes or to provide proof of payment of taxes as set out in this Agreement. The Contractor may terminate this Agreement upon 90 days' advance written notice to the City. 15. Taxes. The Contractor covenants to pay all applicable federal and State payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other taxes in accordance with Circular E "Employer's Tax Guide", Publication 15, as it may be amended. Upol request, the City Manager shall be provided proof of payment of taxes within 15 days of such request. 16. Notice. Notice must be given by personal delivery, facsimile (fax), or by certified mail, postage prepaid and return receipt requested, and is deemed received on the date hand -delivered or faxed, with proof of accepted transmission, and on the third day after deposit in the U.S. mail if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attention: Airport Department Contract Administrator P.O. Box 9277 Corpus Christi, TX 78469-9277 1000 International Drive Corpus Christi, TX 78406 Fax: (361) 826-4533 Page 3 of 6 IF TO CONTRACTOR: USA Shade & Fabric Structures Attn: Wade White Mailing Address: 8505 Chancellor Row City, State, ZIP: Dallas, TX 75247 Physical Address (if different than above) City, State, ZIP Fax: (214) 905-9514 17. Severability. Each provision of this Agreement is severable and if, for any reason, any provision or any part thereof is determined to be invalid and contrary to any 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. 18. INDEMNIFICATION. CONTRACTOR SHALL 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 LOSS OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT 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 ENTITY. 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 REASONABLY 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 SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 01/ Page 4 of 6 19. Certificate of Interested Parties. Contractor agrees to comply with Texas Govern- ment Code section 2252.908 and complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. (SIGNATURE PAGE FOLLOWS) V " n• n /k„ Page 5 of 6 CONTRACTOR: FABRIC STRU •T• C., doing business as USA SHADE & Signature: Printed Name: Title: Date: 2 Z� �i97>£ �il/11zT� CITY OF CORPUS CHRISTI: Signature: ter. Printed Name: pr P r a Title: erocr BMC -"us -1 9 Date: 'ed as to form: Assis t City Att• ney Fo, pry Attorney Attached and Incorporated by Reference: Exhibit A: QUOTE #: WW-001063-CCIA Page 6 of 6 Exhibit A SHADE STRUCTURES USASHADE & Fabric Structures BUYBOARD# - 423-13 February 16, 2016 QUOTE #: WW-001063-CCIA Mr. Gary Williams Corpus Christi International Airport 1000 International Drive Corpus Christi, TX 78406 PROJECT DESCRIPTION Shade Structures, Inc. d/b/a USA SHADE & Fabric Structures is pleased to offer the following quote for the covered parking fabric replacement at the Corpus Christi International Airport. We will also include fabric attachment improvements, as detailed below. Turnkey/Complete Fabric Replacement: - includes patterning & fabrication of approx. 75,000 ft2 of HailShield Ultra (eXtreme32) fabric and side panels in Royal Blue includes new galvanized hardware and tension cables includes fabrication, powder -coating and replacement of fifty (50) steel fabric -attachment brackets includes all shipping/delivery costs $174,000.00 Performance Bond: $3,132.00 TOTAL: $177,132.00 PROJECT TIMELINE 1. Once we receive a purchase order, a site survey will be conducted within 2 weeks. 2. After the site survey, patterning and fabrication will be performed over the following 4 weeks. 3. After fabrication, installation will be performed/completed over the following 3-4 weeks. PAYMENT TERMS For this project, terms are Net 30. Payment should be made in the name of our legal entity, Shade Structures, Inc., d/b/a USA SHADE & Fabric Structures. Client Signature: P(Ve..r•:A-m— krt.ksi_� Corpus Christi International Airport 1 Date: OZ {2I, /20/6 SHADE STRUCTURES USASHADE & Fabric Structures WARRANTY 1. One (1) year workmanship warranty and fabric manufacturer's standard pass-thru warranty on shade fabric and hardware only. Because of surety requirements, any performance bond that may be required will cover only the first year of the warranty. The warranty will be a separate document between USA SHADE & Fabric Structures and the Owner. Upon completion of work, USA SHADE will execute the warranty as outlined below. 2. Fabric: From the date of substantial completion, HDPE fabrics carry an eight (8) year warranty with an additional two (2) years pro -rated at 30%. The warranty protects against failure from significant fading, deterioration, breakdown, mildew, heat, cold, or discoloration. Should the fabric need to be replaced under warranty, USA SHADE will sew and ship a new fabric at no charge. 3. This warranty shall be void if damage to the shade fabric is caused by contact with chemicals, misuse, vandalism, any Act of God (Le. hurricane, etc.), including but not limited to, ice, snow or wind in excess of the applicable building code. 4. Our structures are designed to eliminate friction between the rafters and the fabric. The warranty will be voided if any modification or attachment is made to the steel structure. The fabric will wear and/or tear should any object be placed between the steel and fabric, voiding the warranty. 5. Thread: USA SHADE utilizes GORE® TENARA® sewing thread, which includes the manufacturer's warranty. This warranty does not cover damage from fire, cuts, vandalism, misuse, or any Act of God (i.e. hurricane, etc.), including but not limited to ice, snow or wind in excess of the applicable building code. Labor for the removal, re -attachment, and/or freight of fabrics with damage caused by thread will only be covered for a period of 3 years from the date of substantial completion. ADDITIONAL COMMENTS 1. Any changes or services outside this form of agreement may affect the price, scope of work and schedule. 2. Any deviations from the products/services outlined in this quote without the mutual consent of both Shade Structures, Inc. and the City of Corpus Christi will be subject to a Change Request/Change Order. Change orders will be invoiced, as required. 3. Payment will be made in U.S. Dollars at the time of payment. Sincerely, Wade White Senior Vice President 972.523.6197 Client Signature:IA..0 -41-#-A-,-- Corpus Christi International Airport 2 Date: 0.2/26 / ?.o / G, CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ ITEM DESCRIPTION PRICE SHEET TLGPC CONTRACT NO. 423-13 TURNKEY FABRIC REPLACEMENT FOR THE AIRPORT VEHICLE PARKING LOT CANOPIES Turnkey fabric replacement to include: approximately 75,000 FT of fabric and side panels, new hardware and tension cables and the replacement of fifty attachment brackets QTY. UNIT 1 Lot USASHADE & Fabric Structures Dallas, Texas UNIT PRICE $177,132.00 EXTENDED PRICE $177,132.00 TOTAL $177,132.00 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. Shade Structures, Inc. Dallas, 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: 2016-14471 Date Filed: 02/17/2016 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 goods or services to be provided under the contract. 656 Complete fabric and hardware replacement for existing covered parking structures. Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary PlayPower, Inc. Huntersville, NC United States X n 'Marl" n nl.. if •h.....:.. \V1 ,-•----•-"..._ 6 AFFIDAVIT VIRGINIA MARQUEZ My Commission Expires June 22, 2018 AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said 0 I swear, or affirm, up'der pe jury, tha he above disclosure is true and correct. Signatu e of authorized agent of contracting business entity otin ,S amlulers 20 1 , to certify which, witness my hand and seal of office. Signature o er administering oath r41 hr ti, Printed name of officer administ4 if ng oat Forms provided by Texas Ethics Commission www.ethics.state.tx.us this the !1 day ofQ/�r, N 0+-0 Title of officer administering oath Version V1.0.34944 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of March 8, 2016 Second Reading Ordinance for the City Council Meeting of March 29, 2016 DATE: 2/12/2016 TO: Ronald L. Olson, City Manager FROM: Dan McGinn, AICP CFM, Interim Director, Development Services DanielMc@cctexas.com (361) 826-3595 Approval of agreement and appropriating funds for Ata O. Azali, LLC.,for the construction of a water arterial transmission and grid main line CAPTION: Ordinance authorizing city manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with Ata O. Azali, LLC., ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $96,617.67 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. PURPOSE: Ata O. Azali, LLC., is required to install 1,077 linear feet of 12 -inch water arterial grid main extension in order to provide adequate water to a proposed single family residential subdivision. The subdivision is located east of Cimarron Boulevard, south of Yorktown and west of Salsa Drive. BACKGROUND AND FINDINGS: Per Section 8.5.1.0 (1) Credits and Reimbursements of the Unified Development Code ("UDC"), Ata O. Azali, LLC., is requesting a Reimbursement Agreement for the development of Queen's Crossing Unit 2 as shown on the final plat. The subdivision is located east of Cimarron Boulevard, south of Yorktown and west of Salsa Drive. The development requires the extension of 1,077 linear feet of 12 -inch water arterial grid main in order to provide adequate water to the property. A layout of existing and proposed improvements is included as Exhibit 3. The 12 -inch waterline is eligible for oversize reimbursement from the Water Arterial Transmission and Grid Main Trust Fund. The Water Master Plan calls for the construction of a 12 -inch water arterial grid main along Oso Parkway. If the actual costs for installation of such arterial transmission and mains are greater than the lot or acreage fee, the developer shall be reimbursed (less any lot or acreage fee credits) from funds available from the Water Arterial Transmission and Grid Main Trust Fund for that portion of the arterial transmission and grid main installed by the developer. In this case, the total construction cost of the 12 - inch water arterial grid main is $110,419.47 minus the lot/acreage fee of $13,801.80 which equals $96,617.67. ALTERNATIVES: Disapproval of the Reimbursement Agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The developer will be extending a water grid main to serve the proposed residential development and has requested a Reimbursement Agreement, as provided in the Unified Development Code. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance 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 $2,171,933.94 Encumbered / Expended Amount $ 836,395.95 This item $96,617.67 BALANCE $1,238,920.32 Fund(s): Water Arterial Transmission Grid Main Trust Fund Comments: RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Maps ORDINANCE AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE A WATER ARTERIAL AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT ("AGREEMENT") WITH ATA O. AZALI, LLC., ("DEVELOPER"), FOR THE CONSTRUCTION OF A WATER ARTERIAL TRANSMISSION AND GRID MAIN LINE AND APPROPRIATING $96,617.67 FROM THE NO. 4030 ARTERIAL TRANSMISSION AND GRID MAIN TRUST FUND TO REIMBURSE THE DEVELOPER IN ACCORDANCE WITH THE AGREEMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement"), attached hereto, with Ata O. Azali, LLC., ("Developer"), for the extension of a 12 -inch water arterial transmission and grid main line, including all related appurtenances, for the development of Queen's Crossing Unit 2, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $96,617.67 is appropriated from the No. 4030 Arterial Transmission and Grid Main Line Trust Fund to reimburse the Developer for the construction of the water arterial transmission and grid main line improvements in accordance with the Agreement. 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 Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas 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 Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Water Arterial Transmission and Grid Main Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home - rule municipality, P.Q. Box 9277, Corpus Christi, Texas, 78469-9277, and Ata O. Azali, LLC.,("Developer "), P.O. Box 8155, Corpus Christi, Texas 78468. WHEREAS, the Developer, in compliance with the Unified Development Code ("UDC"), proposes to final plat the Property as shown on the attached final plat known as Queen's Crossing Unit 2 ("Development"), as shown in Exhibit 1 (attached and incorporated); WHEREAS, under the UDC and as a condition of such plat of Queen's Crossing Unit 2, Developer is required to construct a public waterline in order to record such plat; WHEREAS, Developer has submitted an application for reimbursement of the costs of extending a 12 -inch waterline from the existing 12 -inch waterline located on Cimarron for a distance of 1,077 linear feet in order to extend water grid main along Oso Parkway and consistent with the Unified Development Code (Exhibit 2); WHEREAS, it is in the best interests of the City to have the 12 -inch waterline on Holly Road for a distance of 1,077 linear feet installed by Developer in conjunction with the final plat; WHEREAS, Resolution No. 026869 authorized the acceptance of applications to be eligible for reimbursement in the future when funds are fully available in, and are appropriated by City Council, the Arterial Transmission and Grid Main Line Trust Fund as per the UDC, Section 8.5.1.C(1), and WHEREAS, Chapter 212 of the Texas Local Government Code authorizes a municipality to make a contract with a Developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; NOW, THEREFORE, in consideration set forth hereinafter and in order to provide a coordinated waterline construction project, the City and Developer agree as follows: Subject to the terms of this Agreement and the plat of Queen's Crossing Unit 2, Developer will construct the 12 -inch waterline for and on behalf of the City in accordance with the plans and specifications as are approved by the City Engineer on behalf of the City. 1. REQUIRED CONSTRUCTION The Developer shall construct the 12 -inch waterline improvements, in compliance with the City's UDC and under the plans and specifications approved by the Development Services Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the construction of the 12 -inch waterline, as shown in Exhibit 3, with the following basic design: 1. Install 1077 linear feet of 12 -inch PVC waterline pipe. 2. Install four (4) 12" tees. 3. Install four (4) fire hydrant assemblies. 4. Install two (2) 12 -inch gate valves with boxes. 5. Install three (3) 12 -inch bend EL, any angle DI. 6. Install four (4) gate valves. 7. Install nine (9) 6 x 30 PVC nipples. 8. Install three (3) 6 -inch bend any angle . 9. Install fifteen (15) 6 -inch PVC pipe. . 10. Install one (1) 12 x 6 reducer. b. The plans and specifications must comply with City Water Distribution Standards and Standard Specifications. c. Before the Developer starts construction the plans and specification must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS Prior to the start of construction of the 12 -inch waterline improvements, Developer shall acquire and dedicate to the City the required additional utility easements "Easements", if necessary for the completion of the 12 -inch waterline. If any of the property needed for the Easements is owned by a third party and Developer is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES Arterial Tran and Grid Main Reimb Agmt Ata 0. Azali-Queens Crossing Unit 2 vFinal Standard Form Reimbursement Agreement Template Version 1.0 6.2.14 Page 2 of 10 Developer shall pay to the City of Corpus Christi the required acreage fees and pro -rata fees as required by the UDC for the area of the improvements for the construction of the 12 -inch waterline. The required acreage fees Developer is to pay to the City under the UDC for the 12 -inch waterline improvements will be credited to Developer provided that an application for credit, including cost - supporting documentation, has been submitted to the Assistant City Manager of Development Services prior to the installation of the 12 -inch waterline and is approved. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS Developer shall award a contract and complete the improvements to 12 -inch waterline, under the approved plans and specifications, by March 29, 2017. 6. TIME IS OF THE ESSENCE Time is of the essence in the performance of this contract. 7 PROMPT AND GOOD FAITH ACTIONS The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT The following events shall constitute default: a. Developer fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval by City Council. b. Developer's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. c. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer's contractor does not reasonably pursue construction of the project under the approved plans and specifications. e. Developer's contractor fails to complete construction of the project, under the approved plans and specifications, on or before March 29, 2017. f. Either the City or Developer otherwise fails to comply with its duties and obligations under this Agreement. 9. NOTICE AND CURE Arterial Tran and Grid Main Reimb Agmt Ata 0. Azali-Queens Crossing Unit 2 vFinal Standard Form Reimbursement Agreement Template Version 1.0 6.2.14 Page 3 of 10 a. In the event of a default by either party under this Agreement, the non - defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non -defaulting party may pursue its remedies in this section. d. Should Developer fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer, at the address stated above, of the need to perform the obligation or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer. e. In the event of an uncured default by the Developer, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default. 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project. 3. Perform any obligation or duty of the Developer under this agreement and charge the cost of such performance to Developer. Developer shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer receives notice of the cost of performance. In the event that Developer pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer has all its remedies at law or equity for such default. 10. FORCE MAJEURE a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; Arterial Tran and Grid Main Reimb Agmt Ata 0. Azali-Queens Crossing Unit 2 vFinal Standard Form Reimbursement Agreement Template Version 1.0 6.2.14 Page 4 of 10 arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1. If to the Developer: 2. If to the City: Ata O. Azali City of Corpus Christi President 1201 Leopard Street (78401) Ata O. Azali, LLC P.O. Box 9277 P.O. Box 8155 Corpus Christi, Texas 78469 Corpus Christi, Texas 78468 ATTN: Assistant City Manager Development Services b. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Retum Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change of address for notices by giving notice of the change under the provisions of this section. 12. THIRD -PARTY BENEFICIARY Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS Developer shall require its contractor for the construction of the project, before beginning the work, to execute with Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bond must comply with Arterial Tran and Grid Main Reimb Agmt Ata 0. Azali-Queens Crossing Unit 2 vFinal Standard Form Reimbursement Agreement Template Version 1.0 6.2.14 Page 5 of 10 Texas Govemment Code, Chapter 2253 and must be in the form and substance as attached to this Agreement. 14. WARRANTY Developer shall fully warranty the workmanship of and function of the 12 -inch waterline improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City Engineer. 15. REIMBURSEMENT a. Subject to the appropriation of funds, the City will reimburse the Developer 100% of the reasonable cost of the 12 -inch waterline improvements, not to exceed $96,617.67. See attached cost estimate (Exhibit 4). b. Subject to the appropriation of funds, the City agrees to reimburse the Developer on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 -days from the date of the invoice. Developer shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement as detailed in Exhibit 5. c. To be eligible for reimbursement, the work completed in a good and workmanlike manner, and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreement is terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer. 16. INDEMNIFICATION DEVELOPER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE DEVELOPER'S FAILURE TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT OR TO PROVIDE CITY WATER SERVICE TO THE DEVELOPMENT, INCLUDING Arterial Tran and Grid Main Reimb Agmt Ata 0. Azali-Queens Crossing Unit 2 vFinal Standard Form Reimbursement Agreement Template Version 1.0 6.2.14 Page 6 of 10 INJURY, LOSS, OR DAMAGE 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 CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT DESCRIBED ABOVE, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT 1F CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES, WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SPECIFICALLY INCLUDES ALL CLAIMS, DAMAGES, AND LIABILITIES OF WHATEVER NATURE, FORESEEN OR UNFORESEEN, UNDER ANY HAZARDOUS SUBSTANCE LAWS, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (A) ALL FEES INCURRED IN DEFENDING ANY ACTION OR PROCEEDING BROUGHT BY A PUBLIC OR PRIVATE ENTITY AND ARISING FROM THE PRESENCE, CONTAINMENT, USE, MANUFACTURE, HANDLING, CREATING, STORAGE, TREATMENT, DISCHARGE, RELEASE OR BURIAL ON THE PROPERTY OR THE TRANSPORTATION TO OR FROM THE PROPERTY OF ANY HAZARDOUS SUBSTANCE. THE FEES FOR WHICH THE DEVELOPER SHALL BE RESPONSIBLE UNDER THIS SUBPARAGRAPH SHALL INCLUDE BUT SHALL NOT BE LIMITED TO THE FEES CHARGED BY (I) ATTORNEYS, (II) ENVIRONMENTAL CONSULTANTS, (III) ENGINEERS, (IV) SURVEYORS, AND (V) EXPERT WITNESSES. (B) ANY COSTS INCURRED ATTRIBUTABLE TO (I) THE BREACH OF ANY WARRANTY OR REPRESENTATION MADE BY DEVELOPER/OWNER IN THIS AGREEMENT, OR (II) ANY CLEANUP, DETOXIFICATION, REMEDIATION, OR OTHER TYPE OF RESPONSE ACTION TAKEN WITH RESPECT TO ANY HAZARDOUS SUBSTANCE ON OR UNDER THE PROPERTY REGARDLESS OF WHETHER OR NOT THAT ACTION WAS MANDATED BY THE FEDERAL, STATE OR LOCAL GOVERNMENT. THIS INDEMNITY SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THE AGREEMENT. 17. ASSIGNMENT OF AGREEMENT Arterial Tran and Grid Main Reimb Agmt Ata 0. Azaii-Queens Crossing Unit 2 vFinal Standard Form Reimbursement Agreement Template Version 1.0 6.2.14 Page 7 of 10 This Agreement may be assigned by Developer to another with the written consent of the City's City Manager. 18. COVENANT RUNNING WITH THE LAND This Agreement is a covenant running with the land, Queen's Crossing Unit 2, a subdivision in Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer's successors or assigns. 19. DISCLOSURE OF OWNERSHIP INTERESTS Developer further agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 6. 20. AUTHORITY All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 21. EFFECTIVE DATE This Agreement shall be executed in one original, which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Developer from and after the date that all original copies have been executed by all signatories. EXECUTED IN ONE original, *this day of , 2016. SIGNATURES FOUND ON PAGES 9 and 10. Arterial Tran and Grid Main Reimb Agmt Ata 0. Azali-Queens Crossing Unit 2 vFinal Standard Form Reimbursement Agreement Template Version 1.0 6.2.14 Page 8 of 10 Developer Ata O. Azali, President Ata O. Azali, LLC P.O. Box 6155 Corpus Christi, Texas 78468 By: Ata a . Azali President THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was signed by Ata O Ii, Presddien , for Ata O. Azali, LLC., and acknowledged before me on the 1 day of 4-- Jin ail,y, 2016. ' . , 9 C&ee. . -\ r , a4- ; ,- - Notary Public, State of Texas Arterial Tran and Grid Main Reimb Agmt Ata 0. Azali-Queens Crossing Unit 2 vFinal Standard Form Reimbursement Agreement Template Version 1.0 6.2.14 Page 9 of 10 CITY OF CORPUS CHRISTI: ATTEST: By: By: Rebecca Huerta Dan McGinn City Secretary Development Services Director THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Rebecca Huerta, City Secretary, for the City of Corpus Christi, Texas, and acknowledged before me on the day of 2016. Notary Public, State Of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Dan McGinn, Development Services Director, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2016. Notary Public, State Of Texas APPROVED AS TO FORM: This ir�Y:'day of Julian Grant, Seen or Assistalit City Attomey For the City Attomey Arterial Tran and Grid Main Reimb Agmt Ata 0. Azali-Queens Crossing Unit 2 vFinal Standard Form Reimbursement Agreement Template Version 1.0 6.2.14 2016. Page 10 of 10 p Wb e d exp 31 1a11 S P a ba 11 11 is lrk,a, _.� les 13 ! 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GC. 0en 0 Acam j -- --- ZS '908 3.2D.CO .62N _�_L____--�I�__ i NI IN 10d WV II 17 c' c. a c a C1 Gvhihi+ 1 APPLICATION FOR WATER LINE REIMBURSEMENT We, Ata O. Azali, LLC., P.O. Box 8155, Corpus Christi, Texas, 78468, owners and developers of the proposed Queen's Crossing Unit 2 subdivision, hereby request reimbursement of $96,617.67, as provided for by City Ordinance No. 17092. $110,419.47 is the construction cost, including 11%Engineering, Surveying, and Testing, in excess of the lot and acreage fees, as shown by the c."•;:.• 'ng doments .II ached herewith. By: Title: -7 Date: THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on .6,'4 a s , 2016, by 44? 0 - (Name), /77E/n4el2,- (Title), of Ata O. Azali, LLC., a Texas Limited Liability Company, on behalf of the said company. CERTIFICATION ROSIE LOPEZ ID# 481064-5 Notary Public STATE OF TEXAS Comm. Exp. 07-15.2017 Notary Public in and for the State of Te The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Water Grid Main Trust Fund, and (b) Appropriation and approval by the City Council. 4? evelopment Services Engineer Date Exhibit 2 Page 1 of 2 APPLICATION FOR WATER LINE CREDIT We, Ata O. Azali, LLC., P.O. Box 8155, Corpus Christi, Texas, 78468, owners and developers of proposed Queen's Crossing Unit 2 subdivision, hereby apply for $13,801.80. credit towards the water distribution acreage and lot fees for the installation of the water grid main as provided for by City Ordinance No. 17092. $110,419.47 is the construction cost, including 11% Engineering & Surveying, as shown by the cost supporting documents attached herewith. By: Title: Date: ` THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on e 1_ r 4.( t �' f ' , 2016, by D . 424• (Name), ';_/: (Title), of Ata O. Azali, LLC., a Texas Limited Liability Company, on behalf of the said company. " ROSIE LOPEZ . <�►� ID# a810r�a 5 % d� . . NotaryPublic `'.,s:;•� , '}w; STATE F TEXAS 'FOci6* My Comm. Exp, 07-15.2017 Notary Public in and for the tate o xas Exhibit 2 Page 2 of 2 POP ;Oil I 1- 1 1 �. I II q� R rrtifart 1 1 I19111!ii1il1!1:011 i ,1 1 i (til i . ,! i tut! 11 �.! i !{{ pp I i1Ft II iiiii 1 i I I l 1 ilii i 11 1!f t 'E 1 I iipi 0111 it I hip 1 i11 I1 i)1 II 1 i t1ilihillI11I!•1ii111111t ji111 It 1i� 11 f I ;11111 I ;I 1 r II 111 111 '` I 111111A 1!j1If #1'E!1#��'t 1�i'�t:'!.t :ji iZ ;� 11 ht1t1i. I�! 1 it1111't 111 ill iii111;11 i 1 i I 1 j� � 1 ! 1 i11'! 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Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 QUEEN'S CROSSING UNIT 2 COST ESTIMATE 03/30/15 3054 S. Alameda St. 361 882-5521- FAX 361 882-1265 ITEM 1 DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT STREET & SURFACE ITEMS (AT PARK & WIDEN WALK TO 8' IN 050 PKWY) 1 4" HMAC 140 5Y 36.50 5,110.00 2 6" CURB & GUTTER _ 70 LF 1450 1,015.00 3 11" UMESTONE BASE 172 SY 35.00 6,020.00 4 8"UMESTABILZEOSUBGRADETOI1IC 172 SY 7.80 1,341.60 5 4" THICK R/C WALK 4872 SF 4.60 22,411.20 6 STREET EXCAVATION 1 LS 12,500,00 12,500.00 7 CLEARING & GRUBBING 1 LS 3,500.00 3,500.00 TOTAL STREET & SURFACE ITEMS 51,897.80 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT STREET & SURFACE ITEMS (NOT INCLUDING PARK OR WIDENING WALK) 1 4" HMAC 4448 SY 3650 162,352.00 2 4" THICK R/C WALK 9436 SF 4.60 43,405.60 3 6" CURB & GUTTER 2470 LF 14.50 35,815.00 411" _.8" UMESTONE BASE 5548 5Y 35.00 194,180.00 5 UME STABILZED SUBGRADE TO 1'BC 5548 SY 7.80 43,274.40 6 STREET SIGNS 1 EA 300.00 300.00 7 EXCAVATION ALSO INCLUDING BACKFILL & SWALE ALONG E. SIDE CIMARRON BLVD 1 LS 52,500.00 52,500.00 8 CLEARING & GRUBBING 1 L5 8,800.00 8,800.00 TOTAL STREET & SURFACE ITEMS IAT PARK) 540,627.00 ITEM 1 DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT MISCELLANEOUS CONSTRUCTION 1 BLANK 2" & 4" CONDUIT FOR AEP 100 LF 15.00 1,500.00 2 TRAFFIC CONTROL & BARRICADING PLAN (DURING CONSTRUCTION) 1_ L5 4,800.00 4,800.00 3 TRENCH SAFETY FOR EXCAVATIONS (SANITARY SEWER & STORM SEWER PIPES OF ALL SIZES) 1369 LF 2.00 2,738.00 4 STORM WATER POLLUTION PREVENTION 1 L5 3,500.00 3,500.00 TOTAL MISCELLANEOUS CONSTRUCTION 14538.00 ITEM 1 DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT SANITARY SEWER ITEMS 1 4" OR 6" PVC SERVICES 11 EA 380.00 4,180.00 2 8" PVC PIPE 642 LF 48.00 40,416.00 3 FG MANHOLE 4' DIAMETER 2 EA 3,800.00 7,600.00 4 END OF UNE RISER ASSEMBLY 1 EA 500.00 500.00 TOTAL SANITARY SEWER ITEMS Exhibit 4 52,696.00 Page 1 of 3 NIXON M. WELSH, P.E., R.P.LS. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 3054 S. Alameda Si. 361 882-5521- FAX 361 882-1265 ITEM 1 DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT STORM SEWER ITEMS 1 5' INLET SLOT OR TYPE 4 EA 2,600.00 10,400.00 2 BRICK MANHOLE 1 EA 3,800.00 3,800.00 3 18" RCP _ 63 LF 44.00 2,772.00 4 30" RCP 462 LF 59.00 27,258.00 5 R/C CONCRETE LINING AT END OF PIPE 1 LS 3,500.00 3,500.00 6 ADJUST INLET TOP 1 LS 2,500.00 _ 2,500.00 TOTAL STORM SEWER ITEMS 50,230.00 ITEM 1 DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT WATER ITEM - NON GRID ITEMS 1 IDOUBLEWATERSERVICE 5 EA 525.00 2,625.00 TOTAL STORM SEWER ITEMS 2,625.00 ITEM 1 DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 12" GRID MAIN WATER ITEMS 1 12" PVC PIPE 1077 LF 66.00 71,082.00 2 12" TEE 4 EA 900.00 3,600.00 3 FIRE HYDRANT ASSEMBLY 4 EA 3,600.00 14,400.00 4 12" GATE VALVE W/BOX 2 EA 1,385.00 2,770.00 5 12" BEND EL, ANY ANGLE DI 3 EA 275.00 825.00 6 6" GATE VALVE 4 EA 800.00 3,200.00 7 6"X30" PVC NIPPLE 9 EA 225.00 2,025.00 8 6" BEND ANY ANGLE 3 EA 175.00 525.00 9 6" PVC PIPE 15 LF 50.00 750.00 10 12"X6" REDUCER 1 EA 300.00 300.00 TOTAL 12" GRID MAIN WATER ITEMS SUBTOTAL CONSTRUCTION 11% ENGINEERING, SURVEYING & TESTING 99,477.00 810,090.80 89.109.99 $899,200.79 Exhibit 4 Page 2 of 3 NIXON M. WELSH, P.E., R.P.L.S. Email. NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 QUEEN'S CROSSING UNIT 2 12" GRID MAIN COST ESTIMATE 03/30/15 3054 S. Alameda St 361 882-5521— FAX 361 882-1265 ITEM 1 DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 12" GRID MAIN WATER ITEMS 1 12" PVC PIPE _ 1077 LF 66.00 71,082.00 2 12" TEE 4 EA 900.00 3,600.00 3 FIRE HYDRANT ASSEMBLY 4 EA 3,600.00 14,400.00 4 12" GATE VALVE W/BOX 2 EA 1,385.00 2,770.00 5 12" BEND EL ANY ANGLE DI 3 EA 275.00 825.00 6 6" GATE VALVE 4 EA 800.00 3,200.00 7 6"X30" PVC NIPPLE 9 EA 225.00_ 2,025.00 8 6" BEND ANY ANGLE 3 EA _ 175.00 525.00 9 6" PVC PIPE 15 LF 50.00 750.00 __ 10 12"X6" REDUCER 1 EA 300.00 300.00 SUBTOTAL 11% ENGINEERING, SURVEYING & TESTING SUBTOTAL LESS WATER DISTRIBUTION SYSTEM ACREAGE & LOT FEE TOTAL AMOUNT REIMBURSEABLE 99,477.00 10,942,47, 110,419.47 -13.801.80 $96,617.67 Exhibit 4 Page 3 of 3 INSURANCE REOUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence / aggregate COMMERCIAL GENERAL LIABILITY 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (for paid employees) EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph II Of This Exhibit. $500,0001$500,0001$500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Exhibit 5 Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All States endorsement shall be included for Companies not domiciled in Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of 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 Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax # 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, or comparable policy language, as respects to operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City. • 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. 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. Exhibit 5 Page 2 of 3 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 and completed operations and activities 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. Exhibit 5 Page 3 of 3 City of Corpus Christi DISCLOSURE OF INTERESTS City of Carpus Christi, Teen Department orDevelopment Setvices P.O. Dox 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located al 2406 Leopard Street (Comer or Leopard St. and Part Ave.) 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: f/ n a /7 za_ // 2 d- c) STREET: i" a _ C 5 3 CITY: . ZIP: 73'46 FIRM Is: ❑ Corporation 0 Partnership 2SoIe 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 an "ownership Interest" constituting 3% or more of the ownership In the above named "firm". Name Title XI 4 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 A Ac 4 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 t /4 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.• �1 Certifying Person: I! r a 0• /9-/T Z L I Title: tri /c/e7r/ (Print) Signature of Certifying Person: Date: KDDPMENIS� IIAREDNI AND DEVELOPMFSmORD1NANCE ADMINISTRM10P PP1= CON FORMSIFORMS AS PER LEQALV20121DISCLOSUREOF INTER[STS Page 1 of 2 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. "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. c. "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. d. "Official". The Mayor, members of the City Council, City Manager, DeputyCity Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the ity of Corpus Christi, Texas. e. "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 holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "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. K TIEVEI.OPMENTSVCSISIIARCOLAND IM V EWPM ENRORDINANCE ADM INISTRATIO MPPLICATION FORMSFORMS AS PER LEGA D2612VSI5CLOSORE OF INTERESTS STATEMENT] .27 12.DOC Exhibit 6 Page 2 of 2 Vicinity Map VICINITY MAP QUEEN'S CROSSING UNIT 2 QUEEN'S CROSSING UNIT 2 Gulf of Mexico Aerial Overview AERIAL OVERVIEW QUEEN'S CROSSING UNIT 2 t N Aerial AERIAL MAP QUEEN'S CROSSING UNIT 2 A 3 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. Ata 0 Azali. LLC pob 8155, TX United States Certificate Number: 2016-12486 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 02/11/2016 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 goods or services to be provided under the contract. queens crossing unit 2 water reimbursement agreement 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 IT .A... A. ` 1 1 A .. I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. •(\ ROSIE LOPEZ ID# 481084-5 Notary Public �, STATE OF TEXAS .."4., : „po;� My Comm. Exp. 07-15.2017 Signature horiz \. "g- , v v v v v v v AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, byd the said . ' agen co 'acting b -iness entity f 1 44- r -7cL 1 r this the // day of L/cf in , 20 ne , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath arms provided by Texas Ethics Commission www.eihics.state.tx.us Version V1.0.34944 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 8, 2016 Action Item for the City Council Meeting of March 29, 2016 DATE: February 10, 2016 TO: Ronald L. Olson, City Manager FROM: Daniel McGinn, AICP CFM Interim Director, Development Services DanielMc@cctexas.com (361) 826-3595 Approval of a Developer Participation Agreement to reimburse the developer for the City's cost to extend Oso Parkway CAPTION: Resolution authorizing the City Manager or designee to execute a developer participation agreement with Ata O. Azali, LLC., ("Developer"), to reimburse the Developer up to $224,662.67 for the City's share of the cost to extend Oso Parkway, in accordance with the Unified Development Code. PURPOSE: Ata O. Azali LLC., will extend Oso Parkway. The subdivision is located east of Cimarron Boulevard, south of Yorktown and west of Salsa Drive. BACKGROUND AND FINDINGS: The developer, Ata O. Azali, LLC., is developing a single-family residential subdivision named Queen's Crossing Unit 2. The subdivision is located along the east of Cimarron Boulevard, south of Yorktown and west of Salsa Drive. Queen's Crossing Unit 2 will contain 11 single-family residential lots. The Planning Commission approved the plat for Queen's Crossing Unit 2 on February 26, 2014. The participation agreement is for half -street construction along Oso Parkway frontage and for the required extra thickness of the asphalt. ALTERNATIVES: Denial of the Participation Agreement. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The developer will be extending and expanding Oso Parkway for a new subdivision as provided in the Unified Development Code. EMERGENCY/NON-EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance 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 $750,000.00 $1,500,000.00 $750,000.00 $3,000,000.00 Encumbered / Expended Amount 211,249.65 $1,183,019.42 $1,394,269.07 This item $208,946.10 $224,662.27 $433,608.37 BALANCE $538,750.35 $108,034.48 $525,337.73 $1,172,122.56 Fund(s): Bond 2012 Comments: RECOMMENDATION: Staff recommends approval of the resolution. LIST OF SUPPORTING DOCUMENTS: Resolution Location Map RESOLUTION RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A DEVELOPER PARTICIPATION AGREEMENT WITH ATA O. AZALI, LLC., ("DEVELOPER"), TO REIMBURSE THE DEVELOPER UP TO $224,662.67 FOR THE CITY'S SHARE OF THE COST TO EXTEND OSO PARKWAY, IN ACCORDANCE WITH THE UNIFIED DEVELOPMENT CODE. WHEREAS, the City has determined the agreement will carry out the purpose of the Unified Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a developer participation agreement ("Agreement"), attached hereto, with Ata O. Azali, LLC., ("Developer"), for the CITY's portion of the cost of Oso Parkway, including all related appurtenances, for development of Queen's Crossing Unit 2, Corpus Christi, Nueces County, Texas. This resolution takes effect upon City Council approval on this the day of , 2016. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Resolution- Ata Q. Azali, LLC., -Queen's Crossing Unit 2 Participation Agreement Page 1 of 2 APPROVED: day of , 2016. Corpus Christi, Texas of , 2016 The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Resolution- Ata 0. Azali, LLC., -Queen's Crossing Unit 2 Participation Agreement Page 2 of 2 PARTICIPATION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This PARTICIPATION AGREEMENT ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home -rule municipal corporation, acting by and through its City Manager, or his designee, and Ata O. Azali, LLC., ("Developer"), a Texas Limited Liability Company, acting by and through its President. WHEREAS, the Owner owns certain real property located in Corpus Christi, Nueces County, Texas, being 12.393 acres of land, more or less, a portion of lots 25 & 26, Section 22, Flour Bluff and Encinal Farm and Garden Tracts (the "Property"), and the Owner desires to develop and plat the Property designated on Exhibit 1 of this Agreement, which exhibit is attached to and incorporated in this Agreement by reference, to be known as Queen's Crossing Unit 2 ("Plat"); WHEREAS, as a condition of the Plat, the Owner is required to expand, extend, and construct Oso Parkway for a distance of approximately 1063 feet to connect with Salsa Drive as depicted on and in accordance with the improvement requirements (the "Roadway Extension") set forth in Exhibit 2, which exhibit is attached to and incorporated in this Agreement by reference; WHEREAS, it is in the best interests of the City to have the public street infrastructure installed by the Owner in conjunction with the Owner's final Plat; WHEREAS, Chapter 212 of the Local Government Code authorizes a municipality to make a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; and WHEREAS, this Agreement is made pursuant to the Local Government Code and Article 8, Section 8.4.1, of the Unified Development Code of the City of Corpus Christi. NOW, THEREFORE, in order to provide a coordinated public street construction and improvement project, the City and the Owner agree as follows: A. The parties agree that the language contained in the preamble of this Agreement is substantive in nature, is incorporated into this Agreement by reference, and has been relied on by both parties in entering into and executing this Agreement. B. Subject to the terms of this Agreement, Exhibit 1, and Exhibit 2, the Owner will construct the Roadway Extension for and on behalf of the City in accordance with the plans and specifications approved in advance of construction by the City Engineer on behalf of the City. The parties acknowledge and confirm the total cost estimate for construction of the Roadway Extension, which estimate is attached to and incorporated in this Agreement as Exhibit 3 (the "Cost Estimate"). Subject to the limitations set forth below, the Owner shall pay a portion of the costs of construction of the Roadway Extension. Further, subject to the limitations set forth below, the City shall pay the remaining portion of the costs of construction of the Roadway Extension, designated as the total amount reimbursable by the City on the Cost Estimate. C. Notwithstanding any other provision of this Agreement, the total amount that the City shall pay for the City's agreed share of the actual costs of the Roadway Extension shall not exceed $224,662.67. D. The City shall reimburse the Owner a pro rata portion of the City's agreed costs of the Roadway Extension monthly, based on the percentage of construction completed Tess the Owner's pro rata portion and contingent upon submission to the City of an invoice for the work performed. The invoices must be paid by the City no later than thirty (30) days following receipt of each monthly invoice. Such reimbursement will be made payable to the Owner at the address shown in section N of this Agreement. E. In accordance with the Texas Local Government Code, the Owner shall execute a performance bond for the construction of the Roadway Extension to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253 of the Texas Govemment Code. F. The Owner shall submit all required performance bonds and proof of required insurance coverage in accordance with applicable State and local laws as detailed in Exhibit 4. G. Owner shall submit standard construction contract documents to the Executive Director of Public Works for review and approval in advance of beginning any construction of the Roadway Extension. H. Throughout construction, the City shall conduct periodic inspections and either approve the progress of the Roadway Extension or promptly notify the Owner of any defect, deficiency, or other non -approved condition in the progress of the Roadway Extension. I. The Owner shall fully warranty the workmanship and construction of the Roadway Extension for a period of two years from and after the date of acceptance of the improve- ments by the Executive Director of Public Works. J. OWNER COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM INDEMNITEES ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE Ata 0. Azali, LLC. -Queen's Crossing Unit 2 Agmt vFinal Page 2 of 7 Standard Form Participation Agreement Version 1.01.20.16 CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PLATTING AND CONSTRUCTION OF THE ROADWAY EXTENSION OF QUEEN'S CROSSING UNIT 2 DURING THE PERIOD OF CONSTRUCTION, INCLUDING THE INJURY, LOSS, OR DAMAGE CAUSED BY THE CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SURVIVES TERMINATION OF THIS AGREEMENT. K. DEFAULT. The following events shall constitute default: 1. Owner fails to submit plans and specifications for the Roadway Extension to the Executive Director of Public Works in advance of construction. 2. Owner does not reasonably pursue construction of the Roadway Extension under the approved plans and specifications. 3. Owner fails to complete construction of the Roadway Extension, under the approved plans and specifications, on or before the expiration of 24 calendar months measured from the date this document is executed by the City. 4. Either the City or the Owner otherwise fails to comply with its duties or obligations under this Agreement. L. NOTICE AND CURE. 1. In the event of a default by either party under this Agreement, the non -defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. 2. After delivery of the default notice, the defaulting party has 15 days from the delivery of the default notice ("Cure Period") to cure the default. Ata 0. Azali, LLC. -Queen's Crossing Unit 2 Agmt vFinal Page 3 of 7 Standard Form Participation Agreement Version 1.01.20.16 3. In the event the default is not cured by the defaulting party within the Cure Period, then the non -defaulting party may pursue its remedies in this section. 4. Should the Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Owner, at the address stated in section N, of the need to perform the obligation or duty and, should the Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Owner. 5. In the event of an uncured default by the Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: a. Terminate this Agreement after the required notice and opportunity to cure the default; b. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or c. Perform any obligation or duty of the Owner under this Agreement and charge the cost of such performance to the Owner. The Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Owner receives notice of the cost of performance. In the event the Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. 6. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Owner has all its remedies at law or in equity for such default. M. FORCE MAJEURE. 1. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of a public enemy; insur- rections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. 2. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within 10 days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. Ata 0. Azali, LLC. -Queen's Crossing Unit 2 Agmt vFinal Page 4 of 7 Standard Form Participation Agreement Version 1.01.20.16 N. NOTICES. 1. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: If to the City: If to the Owner: City of Corpus Christi Ata O. Azali, LLC Attn: Director, Development Services Attn: Ata O. Azali 2406 Leopard Street / 78401 President P.O. Box 9277/78469-9277 P.O. Box 8155 Corpus Christi, Texas Corpus Christi, Texas 78468 with a copy to: City of Corpus Christi Attn: Asst. City Manager, Business Support Services 1201 Leopard Street / 78401 P. O. Box 9277 / 78469-9277 Corpus Christi, Texas 2. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. 3. Either party may change the address for notices by giving notice of the change, in accordance with the provisions of this section, within five business days of the change. O. Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Roadway Extension, contracts for testing services, and contracts with the contractor for the construction of the Roadway Extension must provide that the City is a third party beneficiary of each contract. P. In compliance with City of Corpus Christi Ordinance No. 17112, the Owner agrees to complete the Disclosure of Interests form attached to this Agreement and incorporated by reference as Exhibit 5. Q. This Agreement becomes effective, is binding upon, and inures to the benefit of the City and the Owner from and after the date of the last signatory to this Agreement. This Agreement expires 24 calendar months from the date this document is executed by the City, unless terminated earlier in accordance with the provisions of this Agreement. Such expiration date of this Agreement is presently anticipated, but not currently known, to be March 29, 2018. (EXECUTION PAGES FOLLOWS) Ata 0. Azali, LLC. -Queen's Crossing Unit 2 Agmt vDraft Page 5 of 7 Standard Form Participation Agreement Version 1.0 1.20.16 EXECUTED in one original this day of , 2016. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Dan McGinn City Secretary Development Services Director THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Rebecca Huerta, City Secretary, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2016. Notary Public, State Of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Dan McGinn, Development Services Director, for the City of Corpus Christi, Texas, and acknowledged before me on the day of 2016. Notary Public, State Of Texas APPROVED AS TO FORM: This -day of ��� , 2016. Juan Grant, Senior'Assista A omey For the City Attorney Ata 0. Azali, LLC. -Queen's Crossing Unit 2 Agmt vFinal Page 6 of 7 Standard Form Participation Agreement Version 1.01.20.16 OWNER: Ata O. Azali, LLC. Ata O. za President tAl 17/14 Date STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on I UCt/L. 11 , 2016, by Ata O. Azali, President, Ata O. Azali, LLC., a Texas Limited Liability Copany, on behalf of said company. ULTRA V PENA NOTARY PUBUC Uo ) Comm.Stte of Exp.12� 2019 � �,..� �. Exp. Notary Public's Signature Ata 0. Azali, LLC. -Queen's Crossing Unit 2 Agmt vFinal Page 7 of 7 Standard Form Participation Agreement Version 1.01.20.16 RR RR ig 11 r�7 n A dip. I— '14111 t g9i5i, .-m 0 z win (l! U rya g°Q 1. Ct e/ = Li lai Col —I ir�a� (/)lb g tea - W 62 L 6I: E vW � a ��; U aid m 0 0 x w 0 la 0 \ \ \ \\ s b. \ _. \ 1 i\ i\ \ ka \ :\ '470 . ` \ \\ <9,, s, /. •\ / \ Cs \ r_rs E> • i L % l s ° i, 33 ‘..v.i li rb ▪ •▪ ~ - o ,\ .r / �. 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SHADED AREA IS FOR ❑VERDEPTH FROM RESIDENTIAL COLLECTOR TO PARKWAY (C1 TO P1) 4111. 0111 L CORONATION DR. r 0 0' r ❑S❑ PARKWAY EXHIBIT QUEEN'S CROSSING UNIT 2 HATCHED AREA IS FOR REIMBURSEMENT AT PARK Exhibit 2 0 75' 150' 300' SCALE' 1'= 150' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. N0. F-52, RLE: EXB-STR, JOB N0. 05069, SCALE: 1" a 150' PLOT SCALE: SAME. PLOT DATE 1/6/16, SHEET 1 OF 1 NIXON M. WELSH, P.E., R,P.LS. Email. NixMW@acl.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 QUEEN'S CROSSING UNIT 2 TOTAL COST ESTIMATE 03/30/15 3054 S. Alameda St. 361 882-5521— FAX 361 882-1265 ITEM 1 DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT STREET & SURFACE ITEMS (AT PARK & WIDEN WALK TO 8' IN 050 PKWY) 1 4" HMAC 140 57 36.50 5,110.00 2 6" CURB & GUTTER 70 LF 14.50 1,015.00 _ 3 11" UMESTONE BASE 172 57 35.00 6,020.00 4 8" UME STABILZED SUBGRADE TO 1'BC 172 5Y 7.80 1,341.60 5 4" THICK R/C WALK 4872 _ 5F 4.60 22,411.20 6 STREET EXCAVATION 1 L5 12,500.00 12,500.00 7 CLEARING & GRUBBING 1 _ L5 3,500.00 3,500.00 TOTAL 51,897.80 ITEM 1 DESCRIPTION QUANTTIY UNIT UNIT PRICE AMOUNT STREET & SURFACE ITEMS (NOT INCLUDING PARK OR WIDENING WALK) 1 4" HMAC 4448 57 36.50 162,352.00 2 4" THICK R/C WALK 9436 SF 4.60 43,405.60 3 6" CURB & GUTTER 2470 _ LF 14,50 35,815.00 4 11" LIMESTONE BASE 5548 5Y 35.00 194,180.00 5 8" UME STABILZED SUBGRADETO 1'BC 5548 5Y 7.80 43,274.40 6 STREET SIGNS 1 EA 300.00 300.00 7 EXCAVATION ALSO INCLUDING BACKFILL & SWALE ALONG E. SIDE CIMARRON BLVD 1 L5 52,500.00 52,500.00 8 CLEARING & GRUBBING 1 _ 1.5 8,800.00 8,800.00 TOTAL 540,627.00 ITEM i DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT MISCELLANEOUS CONSTRUCTION 1 BLANK 2" & 4" CONDUIT FOR AEP 100 LF 15.00 1,500.00 2 TRAFFIC CONTROL& BARRICADING PLAN (DURING CONSTRUCTION) 1 LS 4,800.00 4,800.00 3 TRENCH SAFETY FOR EXCAVATIONS (SANITARY SEWER & STORM SEWER PIPES OF ALL SIZES) 1369 LF 2.00 2,738.00 4 STORM WATER POLLUTION PREVENTION 1 L5 3,500.00 3,500.00 TOTAL 12,538.00 ITEM 1 DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT SANITARY SEWER ITEMS 1 4" OR 6" PVC SERVICES 11 EA 380.00 4,180.00 2 8" PVC PIPE 842 LF 48.00 40,416.00 3 FG MANHOLE4' DIAMETER 2 EA 3,800.00 7,600.00 4 ENO OF UNE RISER ASSEMBLY 1 EA 500.00 500.00 TOTAL Exhibit 3 52,696.00 Page 1 of 3 NIXON M. WELSH, P.E., R.P.LS. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 3054 S. Alameda St, 361 882-5521— FAX 361 882-1265 ITEM 1 DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT STORM SEWER ITEMS 1 5' INLET SLOT OR TYPE 4 EA 2,600.00 10,400.00 2 BRICK MANHOLE 1 EA 3,800.00 3,800.00 3 18" RCP 63 LF 44.00 2,772.00 4 30" RCP 462 _ LF 59.00 27,258:00 5 R/C CONCRETE LINING AT END OF PIPE 1 LS 3,500.00 3,500.00 6 ADJUST INLET TOP 1 LS 2,500.00 2,500.00 TOTAL 50,230.00 ITEM 1 DESCRIPTION QUANTITY UNIT UNIT PRICE ' AMOUNT WATER ITEM - NON GRID ITEMS 1 'DOUBLE WATER SERVICE 5 EA 525.00 2,625.00 TOTAL 2.525.00 ITEM 1 DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 12" GRID MAIN WATER ITEMS 112" PVC PIPE 1077 LF 66.00 71,082.00 _ -2 ^ 12"TEE 4 EA 900.00 3,600.00 3 FIRE HYDRANT ASSEMBLY 4 EA 3,600.00_ 14,400.00 4 12" GATE VALVE W/BOX 2 EA 1,385.00 2,770.00 5 12" BEND EL, ANY ANGLE DI 3 EA 275.00 825.00 6 6" GATE VALVE 4 EA 800.00 3,200.00 7 6"X30" PVC NIPPLE 9 EA 225.00 2,025.00 8 6" BEND ANY ANGLE 3 EA 175.00 525.00 9 6" PVC PIPE 15 LF 50.00 750.00 _ 10 12"X6" REDUCER 1 EA 300.00 300.00 TOTAL TOTAL CONSTRUCTION 99,477.00 810,090.80 Exhibit 3 Page 2 of 3 NIXON M. WELSH, P.E., R.P.L.S. Email: NIxMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 QUEEN'S CROSSING UNIT 2 01/06/16 3054 S. Alameda St. 361 882-5521'- FAX 361882-1265 05069-PARK-STR-CO M B I N ED.X LS ITEM 1 DESCRIPTION QUANTITY 1 UNIT UNIT PRICE I AMOUNT 050 PARKWAY IMPROVEMENTS AT UNEAR PARK 1 4" HMAC I 140 5Y 36.50 5,110.00 2 4" THICK R/C WALK 4872 SF 4.60_ 22,411.20 3 6" CURB & GUTTER 70 LF 14.50 1,015.00 4 11" CRUSHED UMESTONE BASE TO 2' BC 172 SY 35.00 6,020.00 5 8" LIME STABILIZED SUBGRADE TO 2' BC 172 SF 7.80 1,341.60 6 STREET EXCAVATION 1 15 12,500.00 12,500.00 7 CLEARING & GRUBBING 1 IS 3,500.00 3,500.00 SUBTOTAL $51,897.80 ITEM DESCRIPTION 1 QUANTITY 1 UNIT 1 UNIT PRICE 1 AMOUNT _I OVERDEPTH 050 PARKWAY ITEMS 1 OVERDEPTH HMAC FROM 2" TO 4" 2" HMAC AT $18.25/SY 4" HMAC AT 536.50/5Y 4448 SY 18.25 81,176.00 DIFFERENCE _ $18.25/SY 2 OVERDEPTH CRUSHED UMESTONE BASE FROM 8" TO 11" 8" CRUSHED UMESTONE BASE AT $2250/SY 11" CRUSHED LIMESTONE BASE AT $35.00/SY 5546 SY 12.50 69,325.00 DIFFERENCE = 512.50/5Y SUBTOTAL TOTAL PARK AND STREET ITEMS 11% ENGINEERING, SURVERYING & TESTING TOTAL AMOUNT REIMBURSEABLE $150,501.00 $202,398.80 22.263.87 $224,662.67 Exhibit 3 Page 3 of 3 INSURANCE REOUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence / aggregate COMMERCIAL GENERAL LIABILITY 1. Broad Form 2. Premises - Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (for paid employees) EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph it Of This Exhibit. $500,000 / $500,000 / $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Exhibit 4 Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All States endorsement shall be included for Companies not domiciled in Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of 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 Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax # 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, or comparable policy language, as respects to operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City. • 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. 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. Exhibit 4 Page 2 of 3 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 and completed operations and activities under this agreement. 1. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 4 Page 3 of 3 City of _ Corpus Christi in/ku/latix DISCLOSURE OF INTERESTS City or Carpus Christi, Teras Department of Development Services PA, Bax 9277 Corpus Christy, Texas 78469-9277 (361) 826-3240 Loaned at• 2406 Leopard Street (Comer of Leopard St. and Pori Ave.) 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: /2_7 STREET: CITY: FIRM Is: 0 Corporation 0 Partnership (eole Owner Assoc' ZIP: on 0 Other DISCLOSURE QUESTIONS If additional space's 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) tr. 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 M �h 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 t A /V' 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 p I f7 Consultant Ar 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 wili6pjomptll submitted to the City of Corpus Christi, Texas as changes occur. r,,, Certifying Person: (-1°X' 7,/_ / T't'�`"'' " /6 OWK t . D (Prin., Signature of Certifying Person: I to Date: / 4A -/6 6 LC,DEVELOPl ENTSVc51SHAREP1LAND DEVELOPMENTIO:. CE AD STATEMENTIS712.DOC Exhibit 5 RMS AS PER LEOALu0121DISCLOSURE OF INTERESTS Page 1 of 2 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. "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. c. "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 entitles which, for purposes of taxation, are treated as non-profit organizations. d. '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. e. "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 holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "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. KIDEVEI.OPMENTSvCSSHAREDLLAND DEVELOPtEMWRDINANCU ADMIMSTRATIONVIPPI.ICATION FOAMSIFORMS AS PER LEOALIwl2 DISCLOSURE OF INTERESTS Page 2 of 2 STATEMENIIZT 12DOC Exhibit 5 Vicinity Map VICINITY MAP QUEEN'S CROSSING UNIT 2 QUEEN'S CROSSING UNIT 2 Gulf of Mexico Aerial Overview AERIAL OVERVIEW QUEEN'S CROSSING UNIT 2 t N Aerial AERIAL MAP QUEEN'S CROSSING UNIT 2 A 3 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 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. Ata 0 Azali. LLC pob 8155, TX United States Certificate Number: 2016-12493 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 02/11/2016 Date Acknowledged: 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 goods or services to be provided under the contract, queens crossing unit 2 street participation agreement 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 �J A J _ A A h J� A A o� aYP,e;\ ROSIE LOPEZ n� ° lo# 481064-5 • Pi • Notary Public \T , .. STATE OF TEXAS h.'RroFtt My Comm. Exp. 07-15.2017 v-4,--vivvv-.-vvvw -4..- AFFIX AFFIX NOTARY STAMP / SEAL ABOVE /��1 Sworn to and subscribed before me, by the said / 1 swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of con / /� J( /y/� / / / v i / 74_ I/' this the // ting hu ness entity 4 , day or Fi 20 / " , lo certify which, witness my hand and seal _ of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www_Pthics date fY lig Mreinn V1 r1 4AOAA AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of March 8, 2016 Second Reading Ordinance for City Council Meeting of March 29, 2015 DATE: TO: Ronald L. Olson, City Manager February 24, 2016 FROM: Stacie Talbert Anaya, Interim Director, Parks and Recreation Department StacieT@cctexas.com 361-826-3460 Interlocal Agreement with Nueces County for Improvements at West Haven Park CAPTION: Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with Nueces County for park improvements at West Haven Park located near intersection of Cliff Maus Drive at Rockford Drive. PURPOSE: To approve an interlocal agreement with the Nueces County to make improvement at West Haven Park BACKGROUND AND FINDINGS: West Haven Park is located at 1718 Cliff Maus Drive across the street from the West Oso Independent School District Administrative Offices. The park is 8.62 acres and is designated as Neighborhood Park within the Parks and Recreation Master Plan. County Commissioner Joe A. Gonzalez (JAG) and the Nueces County Inland Park Department approached the City to make improvements at the park in 2015. When maintenance concerns limited the scope of the project, Commissioner JAG worked with West Oso ISD and Councilmembers Rubio and Magill to help develop a plan to see the project come to fruition. Phase 1 of the improvements include a new walking trail, improved irrigation and turf for a multi- use field, a new park sign with landscaping, exercise equipment and lighting. West Oso ISD and the Corpus Christi Parks & Recreation Department are drafting an agreement to share maintenance responsibilities of the park. The Parks and Recreation Department will continue to maintain the park at currently funded levels. In addition, based on budget availability and potential partnership, the department will oversee phase 2 of the improvements. ALTERNATIVES: Do not approve the agreement OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council must approve all interlocal agreements EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: o Operating o Revenue o 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): n/a Comments: none RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Resolution Proposed Improvements - West Haven Park Interlocal Agreement Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with Nueces County for park improvements at West Haven Park located near intersection of Cliff Maus Drive at Rockford Drive Now, therefore be it resolved by the City Council of the City of Corpus Christi, Texas, as follows: Section 1. That, the City Manager or his designee is authorized to execute an Interlocal Agreement with Nueces County for improvements and use of West Haven Park. A copy of the Interlocal Agreement will be filed with the office of the City Secretary. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Corpus Christi, Texas of Nelda Martinez Mayor The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Mark Scott Carolyn Vaughn INTERLOCAL AGREEMENT REGARDING WEST HAVEN PARK AGREEMENT BETWEEN NUECES COUNTY AND CITY OF CORPUS CHRISTI This Interlocal Cooperation Agreement ("Agreement") is entered into by and between Nueces County, a political subdivision of the State of Texas, herein "County" and the City of Corpus Christi, a home rule municipality found in Nueces County, Texas, herein "City", under the authority and in accordance with the Interlocal Cooperation Act, as set out in Chapter 791 of the Texas Government Code. WHEREAS, Texas Government Code, Chapter 791, authorizes local governments of the state to enter into contracts for governmental functions and services to increase their efficiency and effectiveness, WHEREAS, City owns property located at 1700 Cliff Maus, Corpus Christi, Texas 78416, known as West Haven Park, "Premises" as described and identified on Exhibit A; WHEREAS, the County desires in conjunction with the City to make improvements to these Premises so as to provide Nueces County residents additional recreational facilities for their use and promote its public purpose of public recreation; WHEREAS, section 332.021 of the Texas Local Government Code allows two political subdivisions to jointly by agreement to construct park or recreational facilities located on property owned by either political subdivision; WHEREAS, the County and City will derive a mutual benefit from this agreement as City's Premises will be enhanced with additional park or recreational facilities and County will be able to provide additional recreational facilities to the residents of Nueces County; WHEREAS, the County, the City and all of their respective residents will be able to use the Premises and related improvements; NOW THEREFORE, the County and City, in consideration of the mutual promises and covenants herein, agree as follows: 1. Effective Date; Term. This Agreement takes effect on the date of last signature (the "Effective Date"). The term of this Agreement is three (3) years. 2. Contact Person/Agreement Administrator. For this Agreement, the contact person and Agreement administrator for the County is the Director of Page 1 of 12 Community Services/ Inland Parks ("Director"). The contact person and Agreement administrator for the City is the Director of Parks and Recreation. 3. Premises. City agrees to allow County use of the Premises, as described and delineated in Exhibit A, the site map which is attached hereto and incorporated herein to this Agreement by reference, for construction and use of the Improvements. 4. Improvements. The improvements ("Improvements") to be constructed are shown on attached Exhibit A. Modifications to the Improvements and additional Improvements may be approved by the City Manager or designee and the County Judge or designee. Improvements will be constructed in two phases. a. Phase I: The first construction phase will be to construct walking trails with a cluster of exercise stations, athletic field, half-basketball court, irrigation system, landscaping, and lighting. Funding for the first construction phase in an amount not to exceed $240,000 will be provided by the County, and an amount not to exceed $6,700 of Community Enrichment Funds will be provided by the City. The City shall issue payment to County upon receipt of invoice to be submitted to City after completion of Phase 1 construction. The County shall be responsible to contract and oversee the construction for the first construction phase of Improvements. The City will be responsible for any permitting fees, or any other applicable fees in relation to this construction, including irrigation and backflow certification filing fees. Phase 2: Funding for the second construction phase will be provided by the City. Upon availability of City funding, the second construction phase will begin and may include the following: construct two (2) parking areas with concrete sidewalks, a gazebo and picnic tables and other park amenities. County agrees to provide 25% of the total costs for completion of Phase 2 up to maximum of $25,000 subject to County appropriations and contingent upon City's availability of funds to complete Phase 2 within one year of completion of Phase 1.. The County shall issue payment to City upon receipt of invoice to be submitted to County after completion of Phase 2 construction. The City shall be responsible to contract and oversee the construction for the second construction phase of Improvements subject to availability of funding. 5. Construction terms and conditions. In performing any construction at West Haven Park, City and County agree to comply with terms outlined on Exhibit B, as applicable. 6. Maintenance. The City will be responsible for the maintenance of the Premises and all improvements, including those constructed under this agreement, to be provided in same manner and level of maintenance as the level of maintenance prescribed by the City's Master Plan for parks. The City retains the right to remove any improvements at the Premises deemed to be in unsafe condition by the City's Director of Parks and Recreation after consulting with the County's Parks Director. 7. Use of the Premises. City must not deny access to or use of the Premises or areas of the Premises to the general public for unorganized activities. County Page 2 of 12 and City residents will have reasonable access to Premises and may reserve events at Premises pursuant to City's reservation procedures and fees. This provision shall survive any termination of this agreement. 8. Primary Purpose. City must use and maintain the Premises as a recreational area open to the general public. Any use of the Premises shall be subject to the City's standard procedures and fees except that, during the term of this Agreement, any City fees charged must be in accordance with Chapter 316 of the Texas Local Government Code, and any subsequent amendment thereof. In particular, during term of this Agreement, no fees shall be charged to a sports team composed primarily of minors and sponsored and supported by a nonprofit organization for use of the sports fields or basketball court and no fees shall be charged for the use of a restroom facility, water for human consumption, or an entrance fee to the Premises. 9. Additions and Alterations. a. County shall not make any additions or alterations to the Premises other than as set out in Phase I without the City's prior written approval. 10. Utilities. City will pay for all utilities used at Premises. 11. Non -Discrimination. Neither party shall discriminate nor permit discrimination against any person or group or persons, as to employment and in the provision of services, activities, and programs, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States of the State of Texas. City will provide program access or remove barriers to accessibility under the American with Disabilities Act to allow individuals with disabilities the opportunity to participate and receive the benefits of services, programs and activities that are offered. 12. Compliance with Laws. a. Each party must comply with all Federal, State, and local government laws, rules, regulations, and ordinances, which may be applicable to its operation at the Premises and its performance under this Agreement. City will provide program access or remove barriers to accessibility under the American with Disabilities Act to allow individuals with disabilities the opportunity to participate and receive the benefits of services, programs and activities that are offered. b. All actions brought to enforce compliance with any law or to enforce any provision of this Agreement will be brought in Nueces County where this Agreement was executed and will be performed. Nothing herein shall be construed as a waiver of the either party's governmental and sovereign immunity. 13. No debts and Fiscal Funding. Neither party shall incur any debts or obligations on the credit of the other party during the term of this Agreement. In the event that payments or expenditures are made, they shall be made from current funds as required by Chapter 791, Texas Government Code. Page 3 of 12 14. Termination. If there is noncompliance with one or more of the provisions contained herein, written notice shall be provided to the non-compliant party to cure or begin curing the default(s) within ten (10) days of receipt of the notice. If compliance or substantial compliance with each provision identified by the written notice has not been achieved within ten (10) days of receiving said notice, the Agreement will terminate for cause upon written notice of termination and listing one or more areas of continued noncompliance. Either party may terminate this Agreement without cause upon thirty (30) days written notice to the other party. However, during construction of the Improvements under this Agreement, the agreement may only be terminated for cause. 15. Notice. All notices, demands, requests, or replies provided for or permitted, under this Agreement, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. All such communications must only be made to the following: IF TO COUNTY: County Judge Nueces County 901 Leopard Rm 303 Corpus Christi, Texas 78401 (361)888-0444 with copy to: Director of Community Services/Inland Parks 4540 FM892 Robstown, Texas 78380 (361)387-5445 IF TO CITY: City of Corpus Christi Attn: Director of Parks and Recreation P. O. Box 9277 Corpus Christi, Texas 78469 Any party may change the address to which notice is sent by using a method set out above. Page 4 of 12 16. Amendments. No alterations, changes, or modifications of the terms of this Agreement or the waiver of any provision will be valid unless made in writing and signed by a person authorized to sign agreements on behalf of each party. 17. Waiver. a. The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights hereunder. b. No waiver of any covenant or condition or of the breach of any covenant or condition of this Agreement by either party at any time, express or implied, shall be taken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorized the nonobservance on any other occasion of the same or any other covenant or condition hereof. c. If any action by requires the consent or approval of the other party on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same or any other action at any other occasion. d. Any waiver or indulgence of default of any provision of this Agreement shall not be considered an estoppel against the non -defaulting party. It is expressly understood that, if at any time default in any of its conditions or covenants hereunder has occurred, the failure to promptly avail itself of said rights and remedies which the non -defaulting party may have will not be considered a waiver on the part of the non -defaulting party, but the non -defaulting party may at any time avail itself of said rights or remedies or elect to terminate this Agreement on account of said default. 18. Force Majeure. No party to this Agreement will be liable for failures or delays in performance due to any cause beyond their control including, without limitation, any failures or delays in performance caused by strikes, lock outs, fires, act of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. 19. Assignment. This Agreement may not be assigned, or transferred directly or indirectly. 20. Captions. The captions in this Agreement are for convenience only, are not a part of this Agreement, and do not in any way limit or amplify the terms and provisions of this Agreement. 21. Severability. a. If, for any reason, any section , paragraph, subdivision, clause, provision, phrase, or word of this Agreement or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parities to this Agreement that Page 5 of 12 every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 22. Entirety Clause. This Agreement and the attached an incorporated exhibits constitute the entire agreement between the parties. EXECUTED IN DUPLICATE, each of which shall be considered an original, and effective on this the day of , 2016. Nueces County: Attest: Samuel Loyd Neal, Jr. County Judge Kara Sands County Clerk City of Corpus Christi Attest: Name: Name: Title: Title: Page 6 of 12 EXHIBIT A Page 7 of 12 0 SCALE 1"=100' 100' 200' ■'■'■N■E■M PHASE 1 PROPOSED FRONT SIGN LANDSCAPING PHASE 1 PROPOSED EXERCISE AREA (5 STATIONS) PHASE 2 PROPOSED PARKING AREA 15 SPACES WITH CONCRETE SIDEWALK Y -PHASE 2 PROPOSED GAZEBO AND PICNIC TABLES ROCKFORD DR I— -, PHASE 2 PROPOSED PARKING AREA 20 SPACES WITH CONCRETE SIDEWALK PHASE 1 PROPOSED WALKING TRAILS 2,400 LF TOTAL PHASE 1 PROPOSED ATHLETIC FIELD 360'x240' PHASE 1 PROPOSED FIELD LIGHTING (4 TYP.) INNS DOCUMENT IS FOR INTERIM REVIEW AND IS NOT INTENDED FOR CONSTRUCTION. BIDDING. POUT OR OTHER UNAUTHORIZED PURPOSES. THESE DOCUNENTS/PUMS WERE AUTHORIZED TO BE RELEASED. By. JUAN A. PIMENTEL PE LICENSE NO• 95847 DATE:3/1/16 Aitt � I PHASE 2 RENOVATIONS TO EXISTING PLAYGROUND r I , a 311 • I � i Isif ( ammilw I L dif y LNV engineers architects contractors ,�a PH ,361) 883.1984 IC,aPEFIRMNO.F366 FAX CITY OF CORPUS CHRISTI, TEXAS WEST HAVEN PARK IMPROVEMENTS PROJECT PHASE 1 & PHASE 2 EXHIBIT Exhibit B Terms regarding construction of improvements at West Haven Park A. When constructing the Improvements, the plans and specifications shall be prepared by state -licensed architects or engineers. The plans and specifications are subject to approval of the City Manager or designee. Construction shall not begin until the City Director of Capital Programs or designee has reviewed and approved the construction plans and specifications. B. The contractor shall maintain City park property in a sanitary, safe and clean condition during construction activities. C. The contractors who are awarded contracts for construction of the Improvements shall furnish the following bonds by surety companies authorized to do business in Texas: 1. Payment Bond - A payment bond in the amount of One Hundred Percent (100%) of the contract for construction of the Improvements shall be furnished for the protection of all persons, firms and corporations who may furnish materials or perform labor. The payment bond shall be made with County/City as an Obligee. 2. Performance Bond - A performance bond in the amount of One Hundred Percent (100%) of the contract for construction of the Improvements shall be furnished covering the faithful performance of the contract. The performance bond shall be made with County/City as an Obligee. D. All construction agreements for the Improvements shall include the following provisions: 1. Contractor does hereby agree to waive all claims, release, indemnify, defend and hold harmless the City of Corpus Christi and Nueces County and all of its officials, officers, agents and employees, in both their public and private capacities, from and against any and all liability, claims, losses, damages, suits, demands or causes of action including all expenses of litigation and/or settlement, court costs and attorney fees which may arise by reason of injury to or death of any person or for loss of, damage to, or loss of use of any property occasioned by error, omission, or negligent act of contractor, its officers, agents, employees, subcontractors, invitees or any other person, arising out of or in connection with the performance of this agreement, and contractor shall at his or her own cost and expense defend and protect the City of Corpus Christi and Nueces County from any and all such claims and demands. Page 9 of 12 2. Contractor does hereby agree to waive all claims, release, indemnify, defend and hold harmless the City of Corpus Christi and Nueces County and all of its officials, officers, agents and employees from and against any and all claims, losses, damages, suits, demands or causes of action, and liability of every kind including all expenses of litigation and/or settlement, court costs and attorney fees for injury or death of any person or for loss of, damages to, or loss of use of any property, rising out of or in connection with the performance of this agreement. Such indemnity shall apply whether the claims, losses, damages, suits, demands or causes of action arise in whole or in part from the negligence of the City of Corpus Christi or Nueces County, its officers, officials, agents or employees. It is the express intention of the parties hereto that the indemnity provided for in this paragraph is indemnity by Contractor to indemnify and protect the City of Corpus Christi and Nueces County from the consequences of the City of Corpus Christi's or Nueces County's own negligence, where that negligence is a sole or concurring cause of the injury, death or damage. 3. In any and all claims against any party indemnified hereunder by any employee of contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation herein provided shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for contractor or any subcontractor under workman's compensation or other employee benefit acts. E. The contractor shall furnish insurance in such amounts as specified below and include in all construction agreements for the Improvements the following language: 1. Prior to commencement of any activity on City of Corpus Christi's property, contractor shall purchase and maintain during the term of this contract, at its own expense, hereinafter stipulated minimum insurance with companies duly authorized to do business in the State of Texas. Contractor shall not allow any subcontractor to commence work until all similar insurance of the subcontractor has been obtained. All insurance policies provided under this Agreement shall be written on an "occurrence" basis. Workers' Compensation as required by law. Employer's Liability Insurance of not less than $500,000.00 for each accident, $500,000.00 disease for each employee, $500,000.00 disease as policy limit Commercial General Liability Insurance, including Independent Contractor's Liability, Products/Completed Operations and Contractual Liability, covering, but not limited to the indemnification provisions of Page 10 of 12 this contract, fully insuring Contractor's liability for injury to or death of employees of the City of Corpus Christi and third parties, extended to include personal injury liability coverage, and for damage to property of third parties, with a combined bodily injury and property damage minimum limit of $1,000,000 per occurrence. Comprehensive Automobile and Truck Liability Insurance, covering owned, hired and non -owned vehicles, with a combined single limit of $1,000,000 per occurrence. Builder's Risk. The contractor shall purchase an All Risk builder's risk policy in the amount of the construction cost for the duration of this project. 2. It is agreed by all parties to this Agreement that the insurance required under this Agreement shall: a. Be written with the City of Corpus Christi and Nueces County as additional insured on applicable policies and that the policy phrase "other insurance" shall not apply to the City of Corpus Christi where the City of Corpus Christi is an additional insured shown on the policy. b. Provide for thirty (30) days written notice of cancellation to the City of Corpus Christi and Nueces County, material change or any other cause. c. Be written through companies duly authorized to transact that class of insurance in the State of Texas. d. Waive subrogation rights for loss or damage so that insurers have no right to recovery or subrogation against the City of Corpus Christi or Nueces County, it being the intention that the required insurance policies shall protect all parties to the Agreement and be primary coverage for all losses covered by the policies. e. Provide a Certificate of Insurance evidencing the required coverages to: City Manager City of Corpus Christi Post Office Box 9277 Corpus Christi, Texas 78469-9277 Risk and Safety Manager City of Corpus Christi Page 11 of 12 Post Office Box 9277 Corpus Christi, Texas 78469-9277 F. All work to be performed by contractors, including all workmanship and materials, shall be of first-class quality and shall be performed in full compliance and in accordance with all federal, state and local laws, ordinances, codes and regulations, and such work shall be subject to City inspection during the performance thereof and after it is completed. However, the City shall have no duty to inspect during Phase I Improvements. G. County nor its contractor shall neither give nor grant, nor purport to give or grant any mechanic's or materialmen's lien upon the City's property or upon any Improvements thereupon in the process of construction or repair, nor allow any condition to exist or situation to develop whereby any party should be entitled, as a matter of law, to a mechanic's or materialmen's lien against the City's property or Improvements thereon, and County shall discharge any such lien within thirty (30) days after notice of filing thereof. H. County shall endeavor to ensure that construction under this Agreement is provided in an orderly and proper manner, considering the nature of such operation, so as not to unreasonably annoy, disturb, or endanger others. I. Before any work on City property begins, County shall present the City Director of Capital Programs, the City Risk Manager or designee, and the City Manager with evidence of Contractor's insurance coverages, and City building and construction permits. Before any work on Phase II Improvements begins, City shall present the, the County Inland Parks Director or designee with evidence of Contractor's insurance coverages. Page 12 of 12 0 SCALE 1"=100' 100' 200' ■'■'■N■E■M PHASE 1 PROPOSED FRONT SIGN LANDSCAPING PHASE 1 PROPOSED EXERCISE AREA (5 STATIONS) PHASE 2 PROPOSED PARKING AREA 15 SPACES WITH CONCRETE SIDEWALK Y -PHASE 2 PROPOSED GAZEBO AND PICNIC TABLES ROCKFORD DR I— -, PHASE 2 PROPOSED PARKING AREA 20 SPACES WITH CONCRETE SIDEWALK PHASE 1 PROPOSED WALKING TRAILS 2,400 LF TOTAL PHASE 1 PROPOSED ATHLETIC FIELD 360'x240' PHASE 1 PROPOSED FIELD LIGHTING (4 TYP.) INNS DOCUMENT IS FOR INTERIM REVIEW AND IS NOT INTENDED FOR CONSTRUCTION. BIDDING. POUT OR OTHER UNAUTHORIZED PURPOSES. THESE DOCUNENTS/PUMS WERE AUTHORIZED TO BE RELEASED. By. JUAN A. PIMENTEL PE LICENSE NO• 95847 DATE:3/1/16 Aitt � I PHASE 2 RENOVATIONS TO EXISTING PLAYGROUND r I , a 311 • I � i Isif ( ammilw I L dif y LNV engineers architects contractors ,�a PH ,361) 883.1984 IC,aPEFIRMNO.F366 FAX CITY OF CORPUS CHRISTI, TEXAS WEST HAVEN PARK IMPROVEMENTS PROJECT PHASE 1 & PHASE 2 EXHIBIT AGENDA MEMORANDUM Future Item for the City Council Meeting of March 08, 2016 Action Item for the City Council Meeting of March 29, 2016 DATE: March 08, 2016 TO: Ronald L. Olson, City Manager FROM: Stacie Talbert, Interim Director of Parks and Recreation StacieT@cctexas.com (361) 826-3476 Maria Pedraza, Procurement Manager mariape@cctexas.com (361) 826-3176 Service Agreements for Bayfront Parks and Medians Turf and Grounds Maintenance CAPTION: Resolution awarding service agreements to the lowest responsible bidder for each acreage group in response to Bid Event No. 82; and authorizing the City Manager or designee to execute all documents related to this bid award totaling up to $216,279.35. Funds have been budgeted by the Parks and Recreation Departments in FY 2015- 2016. PURPOSE: These service agreements will provide mowing for the Bayfront Parks and Medians Turf and Grounds Maintenance. Dorame General Repair, Corpus Christi, Texas is the lowest responsible bidder for Group 5 for a total of $42,012.60 and J&J Lawn & Lot, Corpus Christi, Texas is the lowest responsible bidder for Groups 6, 7 and 8 for a total of $174,266.75. The grand total for the two service agreements shown above is $216,279.35 of which $108,139.67 is required for the remainder of FY 2015-2016. The terms of the contracts will be for twelve months with options to extend for up to four additional twelve-month periods, subject to the approval of the Contractor and the City Manager or designee. BACKGROUND AND FINDINGS: Award recommendation is based on lowest responsible bids. These contract locations include some high profile areas as well as some back yard parks. Bidders for high- profile areas must have experience working in Parks & Recreation Department's high profile/landscape intensive areas. Currently, these locations are being serviced by contractors using Purchasing Orders at a higher cost per acre until this contract is awarded. ALTERNATIVES: If not approved, these parcels would continue under a more costly temporary contract until a re -bid occurs. 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: Parks and Recreation Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fund(s): Parks and Recreation General Fund Comments: The $108,139.67 financial impact shown above represents six months of expenditure for these agreements. Funds have been allocated in the FY2015-2016 budget. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Bid Tabulation Maps - Groups 5, 6, 7 and 8 Service Agreement - JJ Lawn Service Agreement - Dorame Project to Date Fiscal Year: 2015- Expenditures Current 2016 (CIP only) Year Future Years TOTALS Line Item Budget $578,805.51 $108,139.68 $686,945.19 Encumbered / Expended Amount $262,382.16 $0 $262,382.16 This item $108,139.67 $0 $108,139.67 BALANCE $208,283.68 $108,139.68 $316,423.36 Fund(s): Parks and Recreation General Fund Comments: The $108,139.67 financial impact shown above represents six months of expenditure for these agreements. Funds have been allocated in the FY2015-2016 budget. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Bid Tabulation Maps - Groups 5, 6, 7 and 8 Service Agreement - JJ Lawn Service Agreement - Dorame a GROUP.1 AREAS N Shoreline Medians #1a psuco Map r� of 17, Shoreline Medians #1 11 IH`�1t1 " o 0 01ipOW m soil gELDEN 1 • TWIG G FROM HWY 181 a 0 a 0 rr m rr w 0 J UPPER BROAD owl wok Shoreline Medians #2 TAYLOR CHAPARRAL PEOPLES TWIGG STARR N Shoreline Medians #3 Shoreline Medians #4 Shoreline Medians #5 Shoreline Medians #6 Shoreline Medians #7 u /I111IIII I flIllll r IIiU11111 111=r-11-111-1 1 1 1 1 11111111 1 I Shorelne Medians -#10 qap 1 oRFNcE �� .4 • . 111 `' rEIA r .Tq` 0 PEOPLES ST T -HEAD Shoreline Medians #8 lll'- 11 1 Shoreline Medians #9 Shoreline Medians #11 Shoreline Medians #12 rr Qv copyright 2014 City of Corpus Christi In GROUP 1a AREAS - Map 2!(;f,17- H x U jcV A ■ -1 LEOPARD ■ STARR 111111111111 it ONLEb ST f=f#LAD 1IjtI11It1H LIPAN 44," /I ♦N, Sherrill -11444444 Marina (Peoples T -Head) Marina (Lawrence T -Head) Old City Hall Destination Bayfront Footprint McCaughan copyright 2014 City of Corpus Christi GROUP 2 AREAS Map 3 of 17 I J HARBOR Museum of Science & History/Lot 26 Mesquite Medians Chaparral Circle Mesquite Medians SMG Lot 25 Mesquite Medians — l�- TD Maintenance Yard SMG Lot 24 Water Garden Grounds SMG Lot 21 & Triangle 1 11 1 1 Harbour Playhouse Grounds/Lot 22 1111 SMG Lot 2 \W\ SMG Lot 3 SMG Lot 10 n1 Bayfront Fountain SMG Lot 5 / Park HUGHES Heritage Park Chaparral Treewells 1 1 \ \\ Chaparral Treewells Chaparral Treewells z Oveal Williams Sr Center U� z ifia0 m l fri STIP• HER KING HWY 286 NB TO IH 37 r 11-137 BROWNLEE TO IH 37 11. 2 I 3 J 3O\N3 '(PNOPNJP BUFFALO FROM IH 37 -- d MM ,1 EMME LEOPARD II a \NGE55 \N3� 2 9G� BUF I ` a x 5 TWIGG M HWY 781 r B LD ANN P E:10)° opyright 2014 City of Corpus Christi 0D 0 GROUP 3 AREAS Map4of 17 .tV MEI goo -CRETE Sister City Median t✓ � Gateway Medians #3 Gateway Medians #4 -- N *54 _ IoNG BJP \N N E �PNGP \s'',1 r� 0 MESTINA z 0 K LEOPARD 0 0 U BUFFALO ARTESIAN LIPAN ANTELOPE Coopers IlePlanter East Coopers Alley Planter_ West UGAE I PS A Federal Courthouse i� via Mann SUPark 18, TWIGG FROM HWY Gateway Medians #1 WINNEBAGO 0 0 Broadway. Bluff #1 illta a O BroadwayBluff#2 H I Broadway Bluff #3 PEOPLES }� a I J \La Retama Gateway Medians #1 a Gateway Medians #2 1137 Easement TWIGG Artesian MESTINA void lig• NMI \NNS 1 0 w �D a a BroadwayBluf#4 fr,v, ,„ Spohn ` BroadN way Bluff,#5 0 0 •00Owe 1111-10011 - mo MOW BORN 111111 BROADWAY 11111 C R c S LCE A M TAYLOR STARR 11]1111111 PEOPLES Sl I -HEAD IQIIIII� Broadway Bluff #6 copyright 2014 City of Corpus Christi GROUP 4 AREAS Mai; Map 5 of 17 ESTINA Old Sears Property JOSEPHINE OWARD z lY 2 in 101 0 W J L is LEOPARD MESTINA City Hall Grounds LIPAN Central -Library COMANCHE sict roloas BLUCN z W - tY • 110111 I einite ale V Se 1110 LAREDO 11111 kw Solt Six* i740 IMO MIS 8 _isti sialw woo mot all too moo South Bluff Park 0110 to w 0 to 0 Copyright 2014 City of CorpusChristi Resolution awarding service agreements to the lowest responsible bidder for each acreage group in response to Bid Event No. 82; and authorizing the City Manager or designee to execute all documents related to this bid award totaling up to $216,279.35. Funds have been budgeted by the Parks and Recreation Departments in FY 2015-2016. WHEREAS, the services to be provided by the selected contractors have been competitively bid based upon and in accordance with a procurement method authorized by State law and Article X, Sec. 2, of the Charter of the City of Corpus Christi ("City"); WHEREAS, the City received six bids for mowing services in both high profile and low profile areas of the City in response to Bid Event No. 82, of which only the lowest responsible bidder may be awarded a mowing service contract ("contract"); WHEREAS, State law provides that, if the competitive sealed bidding require- ment applies to a contract for goods or services, the contract must be awarded to the lowest responsible bidder or to the bidder that provides the best value, pursuant to Texas Local Government Code § 252.043(a); WHEREAS, the City notified all bidders in its bid documents for Bid Event No. 82 that a contract would be awarded to the lowest responsible bidder; WHEREAS, the City notified all bidders in its bid documents for Bid Event No. 82 that the City may award a contract "for any item or group of items" shown in Bid Event No. 82; WHEREAS, the City has determined and finds that it is in the best interest of the public to award a contract to the lowest responsible bidder for each separately identified acreage group, shown by item number, in Bid Event No. 82; WHEREAS, the lowest responsible bidder awarded a contract for item #1 (Group 5) is Dorame General Repair and Lawn, LLC ("Dorame"), of Corpus Christi, Texas, in the amount of $42,012.60; WHEREAS, the lowest responsible bidder awarded a contract for item #2 (Group 6) is Jared J. Jennings, a sole proprietor doing business as J&J Lawn & Lot ("J&J Lawn"), of Corpus Christi, Texas, in the amount of $49,050.00; WHEREAS, the lowest responsible bidder awarded a contract for item #3 (Group 7) is J&J Lawn, in the amount of $53,362.50; WHEREAS, the lowest responsible bidder awarded a contract for item #4 (Group 8) is J&J Lawn, in the amount of $71,854.25; WHEREAS, the City Manager, or his designee, is authorized to execute a separate contract for each item with the lowest responsible bidder, as indicated; and WHEREAS, in the event the lowest responsible bidder fails to execute the con- tract for the awarded item or fails to perform under a contract for any awarded item, the City Manager, or his designee, is authorized to execute a contract for the remainder of the contract term with the next lowest bidder, in succession, in order to secure replacement mowing services for the City and, WHEREAS, Funds have been budgeted by the Parks and Recreation Departments in FY 2015-2016. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council finds the foregoing preamble language stated in this resolution to be true and correct. Section 2. The City Council finds that Dorame is the lowest responsible bidder for item #1 (Group 5) in Bid Event No. 82 and is awarded a contract in the amount of $42,012.60, as shown in the attached Exhibit A, the content of such exhibit being incorporated into this ordinance by reference as if fully set out herein in its entirety. Section 3. The City Council finds that J&J Lawn is the lowest responsible bidder for items #'s 2, 3 and 4 (Groups 6, 7, 8) in Bid Event No. 82 and is awarded a contract in the amounts of $49,050.00, $53,362.50, and $71,854.25, respectively, as shown in Exhibit A. Section 4. The City Manager, or his designee, is authorized to execute contracts with the lowest responsible bidder for each separately identified acreage group, shown by item number, in accordance with the terms and conditions stated in Bid Event No. 82. Furthermore, in the event the lowest responsible bidder fails to execute the contract for the awarded item or fails to perform under a contract for any awarded item, the City Manager, or his designee, is authorized to execute a contract for the remainder of the contract term with the next lowest bidder, in succession, in order to secure replacement mowing services for the City. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Page 2 of 3 day of , 2016 Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Page 3 of 3 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: DOMINGO VALDEZ BID TABULATION BID EVENT NO. 82 MOWING SERVICES TOTAL: $42,012.60 TOTAL AWARD: $216,279.35 $0.00 $0.00 $174,266.75 $0.00 NOTE: Contracts are being recommended for award to more than one bidder in order to ensure that work will be completed in a timely manner. Award recommendations are based on bidders' profile and qualifications. Bidders for Turf and Grounds Maintenance mowing must have a minimum of five (5) continuous years experience and company must be in business for the last five (5) years. NOTE: The City received a bid from Master Cuts, Corpus Christi, TX, however, their bid was deemed not responsive due to not meeting the minimum requirement of five (5) years in business as specified in the specifications of this Event No. 82. Dorame General Repair Aspen Lawn Care Tuff Cut Lawn & J&J Lawn & Lot Evergreen Landscape LLC -Co pus Christi Corpus Christi Landscape -Corpus Corpus Christi Services Corpus Christi Christi UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED ITEM DESCRIPTION QTY. UNIT PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE 1 Group 5 mowing 840.42 Acre $49.99 $42,012.60 $95.00 $79,839.90 $65.00 $54,627.30 $60.00 $50,425.20 $77.00 $64,712.34 2 Group 6 mowing 1090.00 Acre $57.00 $62,130.00 $95.00 $103,550.00 $0.00 $0.00 $45.00 $49,050.00 $77.00 $83,930.00 3 Group 7 mowing 1067.25 Acre $57.00 $60,833.25 $95.00 $101,388.75 $0.00 $0.00 $50.00 $53,362.50 $77.00 $82,178.25 4 Group 8 mowing 1105.45 Acre $125.00 $138,181.25 $90.00 $99,490.50 $0.00 $0.00 $65.00 $71,854.25 $77.00 $85,119.65 TOTAL: $42,012.60 TOTAL AWARD: $216,279.35 $0.00 $0.00 $174,266.75 $0.00 NOTE: Contracts are being recommended for award to more than one bidder in order to ensure that work will be completed in a timely manner. Award recommendations are based on bidders' profile and qualifications. Bidders for Turf and Grounds Maintenance mowing must have a minimum of five (5) continuous years experience and company must be in business for the last five (5) years. NOTE: The City received a bid from Master Cuts, Corpus Christi, TX, however, their bid was deemed not responsive due to not meeting the minimum requirement of five (5) years in business as specified in the specifications of this Event No. 82. 1 GROUP 5 AREAS Mali 6of 17 Wetlands Pier Dolphin Park & North End Lot Timon Medians #5 Timon Medians #3 Timon Medians #1 Kiwanis Timon Medians #4 Surfside Park Timon Medians #2 Surfside Medians #5 Surfside Medians #2. Surfside Medians #1 !Surfside Medians #3 Surfside Medians #4; North Beach Lot Area 2 North Beach Lot Area 1 copyright 2014 City of Corpus Christi GROUP 6 AREAS Map 7 of 17 Labonte Park San Carlos Park N A San Patricia County Hwy 624/NW Blvd` Brookhill : Park 2 , T Po Woodland Park. o ��>�r_ Violet Park 4' k,41114 ,s,44Spui.... 604 Patterson Park 4491Q. uliluF 1 16, RfVF Willow Park MCKINZIE RD McNorton Park m N i LL 0 0 0 0 U Hudson Pal copyright 2014 City of Corpus Christi GROUP 7 AREAS Map 8 of Z' arla 4.4% 1,* AI i =a= - ►.. •Woodlawn Triangle Right of Way • �� p� *Vol, �� of ` �► ♦ st 411., 4111P-- likuteikr 100-. �� LongviewrTriangle: Right of Wayi��■�� '/%r► +'�'/'�6� • ■■iii ■ �! i�'+ '� Liberty Circle Right`of,Way ' ►i�f�a ■ �, And /}i r%d.yj1,, _ De P_ ineda Plaza ir 441111U1 I� WON NIOwl M QM SI."! r; M MI 111111Pi 1 12 ■■11 1i 'hilltilli All0 -� M��lit�muIIIIII � IP .. Agnes Right of Way, IP l s� .- rl1111111t/n tor"Agrilasplonnums trisit4kar,40: ft. 4r. r alhia Terrace North 0io Dalhia -Terrace South /� copyright 2014 City of Corpus Chrisll Xya 'Ar*--&-x�//' • GROUP 8 AREAS N Map 9 of 17,1 9 w;� �U% qR /174• //�, Carmel:IParkway ir- i ; ;"may, ;/�.` �/ ,,i ce 4/ Edgewood _Triangles, /li.•' 4...h Ro��`poor �; i� ,, /?= do f///j� // illil / /�h;4 ,�'+►.: AJ° 'e Flynn{Shea.Parkway 1 .P.. �� $ Spohn &Esplanade C v�N� tie sa omy 1 0 O Iff AtIrlik Park,Road 222NP..1 0 0 4. i Q copyright 2014 City of Corpus Christi fair CORPUS CHRISTI PARKS& RtCRlATION Service Agreements for Bayfront Parks and Medians Turf and Grounds Maintenance Council Presentation March 8, 2016 Service Agreements CORPUS CHRISTI PARKS& necntATION • Group 5--Dorame General Repairs • $42,012.60 • Group 6, 7 and 8—J & J Lawn&Lot • $174,266.75 • Contract terms will be for a twelve month period with options to extend for up to four additional twelve-month periods. • The total for the two service agreements are $216,279.35. • $108,139.67 is required for the remainder of FY 2015-2016. Service Agreement Areas CORPUS CHRISTI PARKS& necntATION • Once Groups 5-8 are awarded Parks and Recreation will move forward to award a service agreement for Groups 1-4. • Groups 1-4 are currently out for bids, closing on March 8, 2016. • Dollar amount for Groups 1-4 is undetermined. GROUP 5 AREAS fMa,p 6 of 17 / CORPUS CHRISTI PARKS& RECREATION 4 GROUP 6 AREAS Map 7 of 17 Laborite Perk San Cos Park ...._ _ --.... 4s Hwy 624AVL, V Blvd' , _,F; Woodiand Pad, - - . ' -,s' ,y, Vicilet Park . . Willow Parkill Sivofthill Park 1...,, Patte.rson Park SonRairkia -Lillmison P7 Mchicinon Park/ - = HWY 11' Id dew. &All CORPUS CHRISTI PARKS& RECREATION 5 GROUP 7AREAS "-^' Map 8 of lT .,+ ■ r nada r faze; .wNi ■ of 'SS FRIA _mum aum Alin ♦; CORPUS CHRISTI PARKS& RECREATION 6 •GROUP 9 AREAS Map 9 of 17 CORPUS CHRISTI PARKS& RECREATION 7 GROUP 7 AREAS Map 1 of 17 The Medians #1a Shoreline Medians #1 eline Medians #2 Shoreline Medians#3 cmT J TA STARK Shoreline Medans #4 Shoreline Medrarns #5 r .. Shor me Medians #T 1 Shoreline Medians #6 fiEt CORPUS CHRISTI PARKS& RECREATION 8 CORPUS CHRISTI PARKS& necntAT1QN 9 GROUP 2 AREAS Map 3of17 Museum of Science&Ht. of 26 Mesquite kfedsns Ghaparal G nle Mesquite Medians SMG int 25 SMG to124 MeapuiFe Medians TO Mamfenance __1 Vara N Loh man's Gen/erko MG Lot 10 e Park Irmo ater Garden Grounds SMG La! 21 8 Triangle arbowPlayh use Grounds/Lot 22 312. SMG Lo[12 151y SMG Lata Bayfront _J . \ Fnnnlatn -�SMGLOIS1 ! Park MC 0 wAl rr 20 IIID IIIE 77) uul. 771 fl 1 ` Com_ -C `Ili in re Chaa rral F a.4s 1 1111 G0opo,r01Tln` ,Treook Chaparral TreeweIls • He ft CORPUS CHRISTI PARKS& RECREATION 10 ...Raw, 3 AREAS Federi s` Sister Gift' Medan J Map 4 of 17 :sa �� Gateway Med7e 1 W Gateway Medians #4 Gateway Medians #f Gateway Medians #7a 4 MS Gateway Mdians #2 i37Eas„nt Mann"St"Park Lot arti Sian adway =M• —�— noof NOM II Coopevs AUey Planter East Goopers iUley Planter. West I� sr� roadway t31. Eroadway Man' 43 s. •-_ La Retama Jplfl� Mari .rte. Ci+ ®roadd my way ora. ; 0,* Daroatl Miff?5— trirjain. Spann • III A:lila '11 31 mos Itiwtti��l,1111 11-- soot r= 11, a oe moray Bk ff #s 1 U A IIHHHI_� I+� III1,111111I 11 III_ as a 14 Caly13 fl CORPUS CHRISTI PARKS& RECREATION 11 1 illi 1 ilii—i GROUP 4 AREAS MJap5of 171 I� I r DidSears Pro eriy1� far'41. TT gnu City Nall Grounds etre! Library C- I NS ess rose istos- 011111011 bou Ouvint? Toss111 AiKruse-Tennis Center L ILD lei SI silt a 11�'11� ®i ! South Bluff Park r 410 CORPUS CHRISTI PARKS& RECREATION 12 SERVICE AGREEMENT FOR BAYFRONT PARKS AND MEDIANS, TURF AND GROUNDS MAINTENANCE Service Agreement No. 654 THIS Mowing Services Agreement (this "Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting by and through its City Manager or his designee ("City Manager"), and 1&1 Lawn & Lot Service ("Contractor"), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Mowing Services in response to Bid Event No. 82, which includes Specification 1265, dated 9/9/15; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Mowing Services in accordance with Bid Event No. 82, which includes Specification 1265, dated 9/9/15 ("Services"), which bid and related specifications, if any, are attached to this Agreement and incorporated by referenced into this Agreement as Exhibit "A". Contractor's proposal to provide the services is attached to this agreement and incorporated by reference into this agreement as Exhibit "B". 2. Term. This Agreement is for a term of one year, commencing on the date signed by the City Manager. The term includes an option to extend for up to four additional one-year periods subject to the approval of the Contractor and the City Manager. 3. Payment. 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 and communications regarding this Agreement must be directed to the Contract Administrator, who is the Parks & Recreation Contract Administrator. 5. Independent Contractor. Contractor will perform the Services hereunder as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions may any employee, agent, or representative of the Contractor be considered an employee of the City. 6. Insurance. Before Services can begin under this Agreement, the Contractor's insurance company must deliver a Certificate of Insurance as proof of the required insurance coverages to the Contract Administrator. Additionally, the certificate must state that the Parks & Recreation Contract Administrator and the City's Risk Manager will be given at least thirty (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. 7. Assignment. No assignment of this Agreement nor any right or interest herein held by the Contractor is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 8. 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 each September 30th) is subject to budget approval and appropriations providing for such contract item as an expenditure in the fiscal budget. The City does not represent that a budget item for this Agreement will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each fiscal budget. 9. Waiver. No waiver by either party of any breach of any term or condition of this Agreement, or Exhibit A, or the Contractor's bid offer and response to Bid Event No. 82, which is attached to this Agreement and incorporated into this Agreement as Exhibit "B", waives any subsequent breach of the same. 10. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas, and the forum and venue for such disputes is the appropriate district or county court in and for Nueces County, Texas. 11. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Parks & Recreation Contract Administrator. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 12. Amendments. This Agreement may be amended only in writing and signed by persons authorized to execute the same by both parties. 13. Termination. A. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in this Agreement and its exhibits. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period stated in the notice, the City Manager may terminate this Agreement immediately thereafter. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. B. Alternatively, the City may terminate this Agreement with or without cause upon twenty (20) days' advance written notice to the Contractor. However, the City may terminate this Agreement upon twenty-four (24) hours' advance written notice to the Contractor for the Contractor's failure to pay any required taxes or to provide proof of payment of taxes as set out in this Agreement. The Contractor may terminate this Agreement upon ninety (90) days' advance written notice to the City. 14. Taxes. The Contractor covenants to pay all payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other taxes in accordance with Circular E "Employer's Tax Guide", Publication 15, as it may be amended, and applicable federal and state laws. Upon request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. 15. Notice. Notice must be given by personal delivery, facsimile (fax), or by certified mail, postage prepaid and return receipt requested, and is deemed received on the date hand -delivered or faxed, with proof of accepted transmission, and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Parks and Recreation Contract Administrator P. O. Box 9277 Corpus Christi, Texas 78469-9277 2726 Holly Rd., Bldg. 4 Corpus Christi, Texas 78415 Fax # (361) 826-3864 IF TO CONTRACTOR: Contractor: Contact Person: Address: City, State, ZIP: Fax #: J&J Lawn & Lot Jared Jennings 901 Lum Avenue Corpus Christi, TX 78412 N/A 16. Month -to -Month Extension. If the City has not completed the procurement process and awarded a new agreement upon expiration of the original contract term or any extension period, the Contractor shall continue to provide goods/services under this Agreement at the most current price, in accordance with the terms and conditions of this Agreement or extension, on a month- to-month basis not to exceed six months. Any month-to-month provision of goods/services by the Contractor under this Agreement automatically terminates on the effective date of a new contract. 17. Severability. Each provision of this Agreement is 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. 18. INDEMNIFICATION. CONTRACTOR SHALL 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 MND 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 AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, 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 REASONABLY 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 SOONER TERMINATION OF THIS AGREEMENT. 19. Certificate of Interested Parties. Contractor agrees to comply with Texas Govern- ment Code section 2252.908 and complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. CONTRACTOR: Signature: Printed Name: c%/c/ j L%:. .-1,-4J Title: GCJ`✓ Date: d/./61/ CITY OF CORPUS CHRISTI: Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Exhibit A: Bid Event No. 82, including Specification No. 1265 Exhibit B: Bidder's Bid Offer/Response SERVICE AGREEMENT FOR BAYFRONT PARKS AND MEDIANS, TURF AND GROUNDS MAINTENANCE Service Agreement No. 655 THIS Mowing Services Agreement (this "Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting by and through its City Manager or his designee ("City Manager"), and Dorame General Repair and Lawn. LLC ("Contractor"), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Mowing Services in response to Bid Event No. 82, which includes Specification 1265, dated 9/9/15; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Mowing Services in accordance with Bid Event No. 82, which includes Specification 1265, dated 9/9/15 ("Services"), which bid and related specifications, if any, are attached to this Agreement and incorporated by referenced into this Agreement as Exhibit "A". Contractor's proposal to provide the services is attached to this agreement and incorporated by reference into this agreement as Exhibit "B". 2. Term. This Agreement is for a term of one year, commencing on the date signed by the City Manager. The term includes an option to extend for up to four additional one-year periods subject to the approval of the Contractor and the City Manager. 3. Payment. 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 and communications regarding this Agreement must be directed to the Contract Administrator, who is the Parks & Recreation Contract Administrator. 5. Independent Contractor. Contractor will perform the Services hereunder as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions may any employee, agent, or representative of the Contractor be considered an employee of the City. 6. Insurance. Before Services can begin under this Agreement, the Contractor's insurance company must deliver a Certificate of Insurance as proof of the required insurance coverages to the Contract Administrator. Additionally, the certificate must state that the Parks & Recreation Contract Administrator and the City's Risk Manager will be given at least thirty (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. 7. Assignment. No assignment of this Agreement nor any right or interest herein held by the Contractor is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 8. 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 each September 30th) is subject to budget approval and appropriations providing for such contract item as an expenditure in the fiscal budget. The City does not represent that a budget item for this Agreement will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each fiscal budget. 9. Waiver. No waiver by either party of any breach of any term or condition of this Agreement, or Exhibit A, or the Contractor's bid offer and response to Bid Event No. 82, which is attached to this Agreement and incorporated into this Agreement as Exhibit "B", waives any subsequent breach of the same. 10. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas, and the forum and venue for such disputes is the appropriate district or county court in and for Nueces County, Texas. 11. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Parks & Recreation Contract Administrator. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 12. Amendments. This Agreement may be amended only in writing and signed by persons authorized to execute the same by both parties. 13. Termination. A. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in this Agreement and its exhibits. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period stated in the notice, the City Manager may terminate this Agreement immediately thereafter. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. B. Alternatively, the City may terminate this Agreement with or without cause upon twenty (20) days' advance written notice to the Contractor. However, the City may terminate this Agreement upon twenty-four (24) hours' advance written notice to the Contractor for the Contractor's failure to pay any required taxes or to provide proof of payment of taxes as set out in this Agreement. The Contractor may terminate this Agreement upon ninety (90) days' advance written notice to the City. OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, 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 REASONABLY 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 SOONER TERMINATION OF THIS AGREEMENT. 19. Certificate of interested Parties. Contractor agrees to comply with Texas Govern- ment Code section 2252.908 and complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 14. Taxes. The Contractor covenants to pay all payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other taxes in accordance with Circular E "Employer's Tax Guide", Publication 15, as it may be amended, and applicable federal and state laws. Upon request, the City Manager shall be provided proof of payment of these taxes within fifteen (I5) days of such request. 15. Notice. Notice must be given by personal delivery, facsimile (fax), or by certified mail, postage prepaid and return receipt requested, and is deemed received on the date hand -delivered or faxed, with proof of accepted transmission, and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Parks and Recreation Contract Administrator P. O. Box 9277 Corpus Christi, Texas 78469-9277 2726 Holly Rd., Bldg. 4 Corpus Christi, Texas 78415 Fax # (361) 826-3864 IF TO CONTRACTOR: Contractor: 9ie imG6/ eX/frv- Contact Person: ,eMy,, 0 4) ajl Z - Address: '?J3 hijyy„l v, City, State, ZIP: Co j'15 e/vg-TT r-ig" y%1 Fax #: 16. Month -to -Month Extension. If the City has not completed the procurement process and awarded a new agreement upon expiration of the original contract term or any extension period, the Contractor shall continue to provide goods/services under this Agreement at the most current price, in accordance with the terms and conditions of this Agreement or extension, on a month- to-month basis not to exceed six months. Any month-to-month provision of goods/services by the Contractor under this Agreement automatically terminates on the effective date of a new contract. 17. Severability. Each provision of this Agreement is 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. 18. INDEMNIFICATION. CONTRACTOR SHALL 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 CONTRACTOR: Signature: "le.44.....---€.---C--.-.. Printed Name:�Ay1 owl i2/7�o,j� Title: ��5�-77�i�l Date: , '/� _/ CITY OF CORPUS CHRISTI: Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Exhibit A: Bid Event No. 82, including Specification No. 1265 Exhibit B: Bidder's Bid Offer/Response 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 paroles. OFFICE USE ONLY CERTIFICATION OF FILING Certs icete Number 2016-13217 Date Filed: 02/15/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. J&JLawn &Lot Corpus Christi, TX United States 2 Name of govemmentafentiry or state agency that is a parry to the contract for whicfi 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. 136767 Mowing, Edging, Weed Eating, Blowing, Trash Removal from all Properties. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Jennings, Jared Corpus Christi, TX United States X 5 Check only if there Is NO Interested Party. o 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. ERICA GARCIA . � ; = MY COMMISSION EXPIRES January 15, 2017 Sig f orized agent of con. business entity AFFIX NOTARY STAMP 1 SEAL ABOVE • Swom to and subscribed before me, by the saidiili el l ]� l��9fs the1 day o QJt�544 2U 1 t( , to certify which, ess my hand andf office. ". d � t 1 1('Q fLrfl 1 a7Q4 4?d2f) Sign: , re of officer -.. m - .? ng oath Printed name of officer ad istering oath Trde al officer d inLstering oath Farms orovided by Texas Ethics Commission www_ethics_state_hc_us Varcinn V1 n IAOAA 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 CERTIFICATION USE ONLY OF FILING Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Dorame General Repair corpus christi, TX United States Certificate 2016-13370 Date Filed: 02/15/2016 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. Event #82 Mowing Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Dorame, Ramon Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. ■ 6 AFFIDAVIT AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. liYtiYt/ Signature of 0thonzed agent of contracting business entity , this the lfp day of ! G q 20 %!o to certify which, witness my hand and seal of office. lyd! D.S7,-R .S r ....----------- ------- DESROSIERS Expims 2017 E , ito C i. . X169,1 A� , 'j EVELYN W. ,;: f My Commission '7.W. April 22, T " J SignAture of officer administering oath Printed name of officer administering oath Tide of officer administering oath Forms Provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34944 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 8, 2016 Action Item for the City Council Meeting of March 29, 2016 DATE: February 15, 2016 TO: Ronald L. Olson, City Manager THRU: Mark Van Vleck, P. E., Assistant City Manager of Public Works and Utilities markvv@cctexas.com (361) 826-3082 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 Change Order No. 5 McArdle Road Improvements BOND 2012 Motion authorizing the City Manager, or designee, to provide for the installation of a new traffic signal by executing Change Order No. 5 to a construction contract with Reytec Construction Resources, Inc. of Corpus Christi, Texas in the amount of $286,512.96 for a restated fee of $11,098,692.16 for the McArdle Road Improvements from Ennis Joslin Road to Whitaker Drive. (BOND 2012 Proposition 1) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute Change Order No. 5 for the McArdle Road Improvement project, Bond 2012. BACKGROUND AND FINDINGS: McArdle Road improvements were listed as two projects under the Bond 2012 Proposition 1 and awarded as a single construction project. The proposed Traffic Signal at the McArdle and Nile intersection was prioritized under Bond 2012 Proposition 1 — Signal Improvements and Street Lighting. The new traffic signal is included as a change order to the existing construction contract to minimize disruption impacts to the local community, avoid future utility cuts to the new roadway, and reduce the overall cost for the signal construction. This work will not delay the construction project completion. Brochure description: "McArdle Road from Nile Drive to Ennis Joslin (Bond 2012)" — This project includes the reconstruction and widening of the existing unimproved two lane roadway to three lane roadway with two travel lanes and a continuous left turn lane and bike lanes as prescribed by the Integrated Community Sustainability Plan. Public safety improvements include sidewalks, curb and gutter, ADA curb ramps, lane striping and pavement markings, and accommodate recent improvement to area bus stops. Future bikeway requirements will require evaluation at the time of roadway design and shall conform to the adopted Bikeway Plan of the UTMP/ICSP. "McArdle Road from Whitaker Drive to Nile Drive (Bond 2012)" — This project includes a combination of full -depth repair and resurfacing the existing four lane roadway (C-3 collector) and widening the existing travel lanes to conform to the C-3 Collector designation on the current UTMP. Public safety improvements include sidewalk, curb and gutter, ADA curb ramps, lane striping and pavement markings, and bus stop rehabilitation. Future bikeway requirements will require evaluation at the time of roadway design and shall conform to the adopted Bikeway Plan of the UTMP/ICSP. "Signal Improvements and Street Lighting (Bond 2012) — This includes replacement of span wire systems, which currently cannot accommodate pedestrian traffic light control due to lack of push button signal operation. Needed upgrades will bring intersections into ADA compliance and include electrical equipment to improve traffic safety and efficient traffic movement. This project will also upgrade and install additional street lighting in residential areas and streets city-wide, including replacing existing street lighting with more efficient lighting and adding lights for public safety and area beautification. Work authorized under this Change Order includes: This project change order provides the installation of a new traffic signal to be located at McArdle Road and Nile Drive. The signal improvement work will include new foundations, signal poles, mast arms, signal heads, pedestrian poles, pedestrian heads, conduits, conductors, controller cabinet, electrical services at all four corners Striping for turning movements will also be addressed with this item of work. This project is one of the Bond Issue 2012 Proposition No. 1 Street Projects approved by the community in the general election held on November 6, 2012. ALTERNATIVES: 1. Authorize execution of Change Order No. 5. 2. Do not authorize execution of Change Order No 5. (Not Recommended) OTHER CONSIDERATIONS: Previous Change Orders: 1. Change Order No. 1 ($37,688.99) — Replaced an existing 5' wastewater manhole with a 7' manhole. 2. Change Order No. 2. ($54,000) — Added a header curb to accommodate elevation changes between new sidewalk and adjacent property. 3. Change Order No. 3. ($37,335.36) — Remove existing concrete cradle and wastewater 15" vitrified clay pipe with new 18" PVC pipe and provide temporary sidewalk at Nile Drive during construction. 4. Change Order No. 4 ($29,155.45) — Remove existing wastewater manhole discovered under existing pavement and replace with new manhole at new location CONFORMITY TO CITY POLICY: Complies with statutory requirements for architectural and engineering contracts. Conforms to FY 2015- 2016 Street Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: E Operating E Revenue X Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $9,685,468.30 $9,685,468.30 Encumbered / Expended Amount 8,531,500 8,531,500 This item $286,512.96 $286,512.96 Future Anticipated Expenditures This Project 238,152.64 238,152.64 BALANCE 1,153,968.30 524,665.60 629,302.70 Fund(s): Street Bond 2012 Funds Comments: The traffic signal is being funded through the Traffic Signals and Lighting Improvements (City Wide) project included in Bond 2012. RECOMMENDATION: City staff recommends execution of Change Order No. 5 with Reytec Construction Resources, Inc. for $286,512.96 for the McArdle Road Improvement for the installation of a new traffic signal. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 PROJECT BUDGET ESTIMATE McArdle Road Improvements Nile Drive to Ennis Joslin Bond 2012 McArdle Phase 1 - Nile Drive to Ennis Joslin Street - Bond 2012 $ 4,109,565.88 Water CIP 1,267,000.00 Wastewater CIP 2,341,000.00 Storm Water CIP 1,913,902.42 Gas CIP 54,000.00 Total Funds Available McArdle Phase 1 - Nile to Ennis Joslin $ 9,685,468.30 FUNDS REQUIRED: Construction (Reytec Resources) Original Contract & 4 CO's 7,615,836.70 Street $ 3,118,491.26 Storm Water 1,608,264.00 Water 1,094,386.00 Wastewater 1, 754, 855.44 Gas 39,840.00 Change Order No. 5 (This Item) 286,512.96 Contingency 44,269.16 Design Fees: Engineer (RVE Engineering) 488,437.20 Staff Augmentation (LJA) 42,323.55 Geotechnical Study and Testing (Kleinfelder) 7,905.00 Construction Materials Testing (Rock) 52,395.00 Construction Inspection Services (Estimate)..2% 193,709.00 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance)1.5% 145,282.02 Engineering Services (Project Mgmt/Constr Mgmt/Traffic Mgmt/Land Acq Svcs) 169,495.00 Miscellaneous (Printing/Advertising, Etc) 10,000.00 TOTAL 9,056,165.59 ESTIMATED PROJECT BUDGET BALANCE 629,302.71 PROJECT BUDGET ESTIMATE McArdle Road Improvements Nile Drive to Ennis Joslin Bond 2012 Corpus Christi Bay McArdle Rd. Oso Bay South Padr= Island Dr. LOCATION MA111 PI NOT TO SCALE Project Number: E12097 / E12098 McArdle Road Improvements Ennis Joslin Road to Whitaker Drive ( Bond 2012 ) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Intersection of Nile Dr. and McArdle Rd. '.�--- it a 1�' leel et wet leet 1 r. @ 1 Ef 1 F \ 1 1 t 2areetitO 4„fEH:x ea t e Ek " ertee cOC\B\ R- � fEEEFrieMOV r �itee E R tK'dFM K 4C' ` fYfiEy f@ff lEI1,�-�kq wrrA. [7. !\eS\�SIK�OIBB'.f FEE �Ee15111i1pK8 EE1-1.� � IE7Eiel1�. �. r()CATION MAP NOT TO SCALE McArdle Road Improvements Ennis Joslin Road to Whitaker Drive ( Bond 2012 ) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES McArdle Road Improvements Whitaker Drive to Nile (Phase 1) Nile to Ennis Joslin (Phase 2) BOND 2012 Corpus Chr"sti Engineering Council Presentation March 8, 2016 sp c4, Vicinity Map Corpus Chr'sti Engineering O �-Gall Course Ward Island 49041.070 Project Location O . r• 24 2 Location Map Corpus Chr sti Engineering OCEAN DRIVE ALAMEDA cc w H McARDLE PHASE 1 Note: Both phases were awarded in a single construction contract Project Scope Corpus Chr'sti Engineering New 4 -way Traffic Signal at the McArdle & Nile intersection. The new signal is part of the Bond 2014 Traffic and Lighting Improvements (City- wide). The new signal includes: • New foundations, poles and mast arms at all four corners • New signal heads (lights), controller cabinet, and conduits • New pedestrian poles and controller • New pavement markings Added by Change Order to the ongoing McArdle Street Road project (Bond 2012) to minimize construction impacts to the local community, avoid future utility cuts to new the roadway and reduce overall cost for signal construction. Project Schedule Corpus Chr sti Engineering 2013 2014 2015 2016 Q1 Q2 Q3 Q4 Design Q1 Bid Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Construction Project Estimate: 851 Calendar Days 29 Months City of Corpus Christi Engineering Services Change Order CHANGE ORDER NO.: 5 PRO.II.C1: \I .1nll. P.,..41 hurl, Irvin• I ii,i-.l .I1:11„\11ut.d,.i lhr.;,ll,ai,l 1 CONTRACTOR: Reytec (onstnlcuon Resources, Inc. ENGINEER: RVE, Inc. CHANGE ORDER DATE: 112_4 2015 1'12(1,11•:( I \► \16I.It: 1 I';,'C" 1 I' ^> CONTRACT lIMIE: 7811 CD Make the following additions, modifications or deletions to the work described in the Contract Documents: 1 Street Drill Shaft (Traffic Signal Pole)(36") 52 1..1:(0! 5318.75 516.575.00 2 Street Traffic Signal Controller Assembly (TS -2) Eeonolite 1 EA @ 54,375.00 54,375.00 3 Street Conduit (PVC)(SCH 40)(2") 63 LF C' 515.00 $945.00 4 Street Conduit (PVCXSCH 40)(2") BORE 195 LF en 520.00 53,900.00 5 Street Conduit (PVC)(SCH 40)(3") 62 LF (a521.25 51,317.50 6 Street Conduit (PVC)(SCH 40)(4") 50 LF (a .522.50 51,125.00 7 Street Conduit (PVCXSCH 40)(4") BORE 253 I.F,a 531.25 57,906.25 8 Street Electrical Conductor (No. 6XBare) 37 LI. !a 52.50 592.50 9 Street Electrical Conductor(No. 6XInsulatcd) 74 I.F (a 52.63 5194.62 10 Street Electrical Conductor (No. 8)(Bare) 596 LF (a; 51.88 S1,120.48 11 Street Electrical Conductor (No. 8)(1nsulated) 502 IS @ 52.00 51,004.00 12 Street Electrical Conductor (No. I2)(Insulated) 280 1 F (th 51.38 5386.40 13 Street Ground Box TY A (122311) with Apron 1 l::\ 51,087.50 51,087.50 14 Street Ground Box TY C (162911) with Apron 4 I,:\ „ 51,187.50 54,750.00 15 Street Electrical Sery TY D (120/240)060 (NS) SS(E)TS (0) 1 L:\ a 53,937.50 53,937.50 16 Street Battery Back up Unit (BBU) 1 EA -u 510,625.00 SI0,625.00 17 Street Install Highway Traffic Signal (Isolated) 1 EA a 513,750.00 S 13,750.00 18 Street Back Plate (12")(3SEC) 8 EA a 512_2.50 5980.00 19 Street Back Plate (12")(4SEC) 4 FA a 5132.50 5530.00 20 Street Vehicle Signal Sec (12") LED (Green Arrow) 4 1. A a 5270.00 51,080.00 21 Street Vehicle Signal Sec (12") LED (Green) 81.5 •„ 5267.50 52,140.00 22 Street Vehicle Signal Sec (12") LED (Yellow Arrow) 8 F.:\ a 5266.25 $2.130.00 23 Street Vehicle Signal Sec (12") LED (Yellow) 8 I.:5 a 5267.50 52,140.00 24 Street Vehicle Signal Sec (12") LED (Reil Arrow) 4 F A a 5247.50 5990.00 25 Street Vehicle Signal Sec (12") LED (Red) 8 F,\ :, 5243.75 51,950.00 26 Street Pedestrial Signal Sec (16") LED (Countdown) 8 FA aa 5562.50 54,500.00 27 Street Traflic Signal Cable (TYA)(12 AWG)(2 CONDR) 756 LF (a' 51.75 51.323.00 28 Street Traffic Signal Cable (TYAX 14 AWG)(5 CONDR) 399 LF t S2.25 5897.75 29 Street Traffic Signal Cable (TYA)(14 AWG)(7 CONDR) 194 LF (a), 52.63 5510.22 30 Street Traffic Signal Cable(TYA)(I4 AWG)(16 CONDR) 361 1 F qi $4.63 51,671.43 31 Street Install Traffic Sginal Plate AM (S) 1 Arm (24") LUM 1 EA (a. 58,125.00 $8,125.00 32 Street Install Traffic Sginal Plate AM (S) I Arm (32") LUM 3 EA (q: 59,375.00 528,125.00 33 Street Pedestrian Pole Assembly 4 EA Ln' 52,687.50 S 10,750.00 34 Street Accessible Pedestrain Signal Units 8 EA 10 51,937.50 515,500.00 35 Street Radar Presence Detection Device (RPRDD) 4 EA (a, $10,650.00 S42,600.00 36 Street Radar Communication Cable 449 LI' (ri) 54.69 $2.105.81 37 Street Ethernet Cat 5 Cable (COHU CA200 Series) 62 I.F @ 515.00 5930.00 38 Street Camera PTZ (COHU 3960 Series) I FA a 510,625.00 510,625.00 39 Street Controller Foundation and Extension 1 1 5 a 52,937.50 52,937.50 40 Street ILSN 6's LED 2 1[:\ ra. 54,375.00 58,750.1)0 41 Street ILSN 8's LED 2 I A 10 54,843.75 59,687.5() 42 Street Mobilization I 1 s „ 526,131).62 526.130.62 43 Street Spoils Removal 1 1.5 :a 5625.00 5625.00 44 Street TCP 1.5 M„ a 520,343.75 520,343.75 45 Street Pavement Markings 1 LS ,a: 55,343.63 55,343.63 Net Total of This Change Order $286,512.96 tt 14 t4: 1s 113' ('1,331;4 aectss:u'y: t, 11 .. •\'!L d:er.:r L. !•.:::6 .IU;{in Pl• v.4 ,: a'. d, i metol'. 411;1 ::d_racc:ur !1:.alll.44IJtheJ:".::is41i.4I?,Num44 44. to the 44,44•.411A1cr\idleRuaJ•.a:e.:nliii•.n•pr',;,is 1toa can similar changes be ;311ided in the future.? If there had been holler coordination 144,414 all path:, 'ns ul\nl dur4II,• Iht' 1,l:131,3g 911:4.4•. Ol 443s proie21 this mieliI hon: )441.4, oiled I tnsve,cr funding lilr the 5lgnal)Zaltnn 44 -irk 111:11' Il)t have been .1, adablc .11 Mc time 4,1 I1,,' pi:tunnrt Iplil II r ,,,,e could not be iPCIu,tc I :/:: part nl 1114 4;411111441 914,9'41 The eatapeasrlrirla agreed upon l4, this (Image Order i+ fig/4 complete undfilud pgruleatfia aN 1()414 Ile (Mamma- may armor 4,4 o rrirdt of or miming to tlris clluage lehether said misty are known, unknown. farewell or r,nfon'seea at this rinse, iur/adiag without limiruHon. am e'a41 fur dehn•, ec(endedarerheerr/. ripple or import coq. a1 WO' other effect o4, changed aruttrhnn t:/ rearto r, resat, 1 f r/,1, Change Order. Original Contract Aimam! 5 111,653,994.49 Previously Appruscd Change Order Amount Proposed 4'hangs ( ))Jct Amount _ S Revised Contract Amount S Percent of Itilul 1'harr.;c ( pier- Itnclu,hne Ihr, ( (1) Previous Change ()refer ( ,'nnaei 111414 AJdiiinnal Tune on I hi.1'hanec (14,4,1 Revised Contract 1 41414 158,171.811 _ 286,512.96 11.4)98,6') 2.16 .4. 17% 25 (I) i6 (1) 71 (1) Recommended by 4144 4 4,4 cd by I('ONSUI.1 Im, I'Ilm II m 111 4( )40111 11) N/A It, 4131111Cp4PII I \mss P slip 1.. Act Inc ( oreai . U44n I'll!!1 nl'411 1 (1 \ O4. 4 411/14 . 4 111(Iti1 I Recommended by: Eddie !Nubbins Midge( au(I l Monet' Recommended by: Janes Kellogg 4'414 A4nute% DEP.% IEN'I' \I'PROV .l.$: 4)4414 hal) hale [/171 1pyr.tlinl:Depslrtmenl'4 ppro4c4 by: 44,1ined o: Date Valerie I1. (gray, P.E. Date 1 4, 4)44)4" 1lueci.a 411' 1'4,)4)44 N (uks Gummi; Cu111a11e7, 1',I•:. (. it) \4 a ass mum 411br: \:1 1141414,1. . 01,1111 (n \l.,_:.er Dalt 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: 2016-15179 Date Filed: 02/18/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Reytec Construction Resources, 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 goods or services to be provided under the contract. E12097-E12098 Roadway construction 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Reyes, Rebecca Houston, TX United States X Reyes, Gregg Houston, TX 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. o�4"4' ,,,, MARGARITA FLORES SIP. .�g '° `,,= Notary Public, State of Texas P ° My Commission Expires V4;,°,F.VApril 19, 2017/,‘( 7::-..' i_ nature of authorized ag of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE T ���jjj �/B ��,�� '//��. /j�� Swor to and subscribed before me, by the said / f Q/ e , this the O ✓ day of / -th 20 , to certify which, witness my hand and seal of office. / / a orc j Signature of office • c •- .ring oath Printed name of officer administering oath Title of officer administenn oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34944 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 8, 2016 Action Item for the City Council Meeting of March 29, 2016 DATE: TO: Ronald L. Olson, City Manager February 26, 2016 THRU: Mark Van Vleck, P.E., Assistant City Manager, Public Works and Utilities MarkVV@cctexas.com (361) 826-3082 FROM: Valerie H. Gray, P.E., Executive Director Public Works ValerieG@cctexas.com (361) 826-3729 Jeff 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 Design — Build Agreement Bayshore Park CAPTION: Motion authorizing the City Manager, or designee, to execute a Design — Build Agreement with Fulton Coastcon General Contractors of Corpus Christi, Texas in the amount of $5,080,000 for the Bayshore Park project as part of the Bond 2008 Proposition 7 Bayfront Development Plan Phase 3 project. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute the Design — Build Agreement with Fulton Coastcon General Contractors of Corpus Christi, Texas in the amount of $5,080,000 for the Bayshore Park project. BACKGROUND AND FINDINGS: This project provides for design and construction of the Bayshore Park. The project limits span from Furman Avenue to Coopers Alley and will encompass McCaughan Park, Old Coliseum Site, and Sherrill Park. The current project scope includes the design considerations captured to date from the stakeholders, staff and City Council input. Additional stakeholder outreach will occur in this next phase for the preliminary design (30%) and will be presented back to City Council in the May 2016 timeframe. Bayshore Park is the concept name for park improvements authorized in Bond 2008, Proposition 7, Bayfront Development Plan Phase 3. After re -alignment of Shoreline Drive, approximately $5.3 million is remaining to support park development between Furman Ave. and Cooper's Alley L -head, which encompasses McCaughan Park, McGee Beach, the Memorial Coliseum Site, and Sherrill Park, and the closed roadway of the old Shoreline Drive. (See Location Map) The project scope includes the design, permitting, construction, testing and commissioning of Bayshore Park. The project will include certain capital improvements necessary to establish the basic required infrastructure to allow for the phased build out of Bayshore Park. Input gained from city staff and various community stakeholders helped to develop a priority listing of the capital improvements to be considered. The City and selected design -build team will work in collaboration during the project design period to identify and design the optimum and maximum number of capital improvements that can be achieved within the specified budget. The Bayshore Park project was presented and approved by Council on March 31, 2015 as a design -build project with a $5.3 million budget. Council provided Staff with specific guidance to work with key stakeholders to prioritize certain elements of work within the remaining budget. Stakeholders participated in the two phased Request for Qualifications (RFQ) selection process as members of the selection committee. Based on stakeholder priorities and Council direction, negotiations were concluded with Fulton-Coastcon design -build team for $5.08 million, which is the contract under consideration. The current scope includes all design considerations captured to date from Stakeholder, Staff, and Council input. In order to insure this input is captured in the final project build -out, a Stakeholder meeting will be held in the March or April 2016 timeframe to guide the 30% design process. The results of that meeting will be incorporated into a 30% design which will be presented to Council in May 2016 prior to authorizing final design and construction to commence. RFQ Selection Process: The RFQ was posted on the City's Supplier Portal and on CivCast on June 30, 2015. The following three (3) respondents submitted to the request with qualifications. Fulton Coastcon General Contractors KJM Commercial Construction Teal Construction Company The respondent's qualifications were evaluated by a Review Committee comprised of the following: Stacie Talbert Anaya, Assistant Director, City Parks and Recreation Brian Bresler, Project Manager, City Engineering Services Paulette Kluge, CEO, Corpus Christi Convention & Visitors Bureau Casey Lain, Chairman, Corpus Christi Downtown Management District Trey McCampbell, Chief Administrative Officer, American Bank Amy McCoy, Events Manager, Buccaneer Commission Ricardo Pedraza, Chair, Parks and Recreation Advisory Committee Based on the evaluation of the respondent's Statement of Qualifications, the Review Committee qualified the following two highest-rated respondents for further assessment: Fulton Coastcon General Contractors KJM Commercial Construction The City requested and evaluated a Proposal from the two short-listed respondents. Interviews of the two short-listed respondents were held on Friday, October 30, 2015. Major factors contributing to the recommendation of the committee were in accordance with the evaluation criteria specified in the RFQ and as follows: 1. Qualifications, 2. Experience, 3. Municipal Experience, 4. Historically Underutilized Business Participation, 5. Project Approach/Management Plan, 6. Proposal, 7. Presentation, and 8. Interview Based on scores and the Committee recommendation, the City of Corpus Christi entered into negotiations with Fulton Coastcon General Contractors in November to complete the work associated with the Bayshore Park project. In addition to conducting a stakeholder design meeting and presentation to City Council, Fulton Coastcon will prepare construction documents and project specifications; and have full responsibility for the construction, testing and commissioning of the proposed Bayshore Park. Fulton Coastcon will be responsible for all necessary governmental permits, complying with all applicable State, Federal, and environmental laws, and all applicable industry standards, including acceptance by the Texas Department of Licensing and Regulation (TDLR). They will also be responsible for any pre -design surveying and geotechnical testing and all topographic data/systems/sub-systems/utilities and other appurtenances required for the successful design and completion of the work. ALTERNATIVES: 1. Authorize execution of the Design — Build contract. 2. Do not authorize execution of the Design - Build contract. (Not Recommended) OTHER CONSIDERATIONS: As allowed by the Government Code Chapter 2269 Contracting and Delivery Procedures for Construction Projects and more specifically Subchapter G, Building Using Design -Build Method, in considering a construction contract using a method other than competitive bidding, the City "must, before advertising, determine which method provides the best value". CONFORMITY TO CITY POLICY: This contract conforms to City Fiscal Policy, the City's Charter and the FY 2015-2016 Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Parks and Recreation Department 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 $5,300,000 $5,300,000 Encumbered / Expended Amount 97,891 97,891 This item 5,080,000 5,080,000 Future Anticipated expenditures for this project 116,225 BALANCE $5,884 $5,884 Fund(s): Bayfront Development Fund COMMENTS: Future utility funds could be included in this project as the design continues. RECOMMENDATION: City Staff recommends the approval of the Design -Build contract with Fulton Coastcon, of Corpus Christi, Texas in the amount of $5,080,000 for the Bayshore Park project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 PROJECT BUDGET Bayshore Park Project March 8, 2016 FUNDS AVAILABLE: Bayfront Development Plan, Phase 3 (Bond 2008) $ 5,300,000.00 Total $ 5,300,000.00 FUNDS REQUIRED: Design Build Services for Bayshore Park (Fulton Coastcon) THIS ITEM $ 5,080,000.00 Staff Augmentation Freese Nichols 49,354.00 R.H. Shackleford 48,537.00 Reimbursements: Contract Administration (Eng. Admin/Finance/Capital Budget) (0.5%) 39,975.00 Engineering Services (Project Mgt and Construction Inspection) (1.25%) 66,250.00 Misc 10,000.00 Total $ 5,294,116.00 Estimated Project Budget Balance $ 5,884.00 Design Build Services for Bayshore Park Project Number: E15152 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES s.i-..iii 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: 2016-15437 Date Filed: 02/18/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Fulton Construction Corp. / Coastcon Corp. - A Joint Venture 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 goods or services to be provided under the contract. E15152 Design Build Services for Bayshore Park 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Lippincott, Michael Corpus Christi, TX United States X Barnette, James Corpus Christi, TX United States X Skrobarczyk, Jennifer Corpus Christi, TX United States X Skrobarczyk, Philip Corpus Christi, TX 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. / ... n nn - n_ O�Pq ,0\ A% AMANDA FOWLER f /) ,• / G `'Ll AF Sworn i {7�1 STATE OF TEXAS ill*. Notary Public '�,f ��,��ti99,YY ���pMyy CCoinm..pExp. 03.03.2018 ��1vClvVV4vvB-,- to and subscribed before me, by the saidAi. ig . ire of authorized agent of co a 'ng business entity iA t '��QQ,?,(�� , this the (}� day of QR , 20 I i , to certify which, witness my hand and seal of office. v ,. ltnR I.1�R_ T G 4ULa_ awl n . -is-1-0 (14- 1.Signature Signatureof officer administering oath Printed name of officer administering oath Title of officer administering oath Pnrmc nrnvirieri by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34944 Design — Build Services Bayshore Park dcxz) Corpus Chr sti Engineering Council Presentation March 8, 2015 Location Map Project Location co Corpus Chr'sti Engineering 2 Bayfront Master Plan, Ph 3 (Shown to Council March 31, 2015) Corpus Christi Engineering Bayshore Park t b P ti v� co a �apwj )-- G 4 WATER ST z Centralized Restrooms Special Event Improvements Conversion of Shoreline Boulevard SHORELINE BOULEVARD Conversion of Shoreline Boulevard Street Market & Food Truck Area Park signage and furniture throughout site Corpus Christi Parks & Recreation Department Bayshore Park Plan I-28-15 3 Project Scope C5� Corpus Chr sti Engineering The project is a Design -Build contract currently scoped based on stakeholder, staff and City Council input for potential improvements: • Sherrill Park; landscaping, parking, pavilion and restroom facility • Special Events Space (Old Coliseum Site); utility hook-ups, landscaping hardening, pavilion, and parking • McCaughan Park; landscaping, parking, restroom, and shade structure • Shoreline Boulevard (Closed section); surface treatments, utility hook-ups, and planters Preliminary Design (30%) will include additional stakeholder input and is planned for completion and presentation to Council in May 2016 Proposed Conceptual Plan 111 Carpus Chr sti Engineering SOUTH BAYFRONT PARK. CITY OF CORPUS CHRISTI. TEXAS PROPOSED CONCEPTUAL MASTER PLAN 5 Project Schedule C5� Corpus Chr sti Engineering 5 2016 2017 CI MCI 1:111 rg MEI IM RF( / RFP R. Awn rri Design / Construction Project Estimate: 425 Calendar Days 14 Months Projected Schedule reflects City Council award in March 2016 with anticipated construction completion in May 2017. AGENDA MEMORANDUM Future Item for the City Council Meeting of March 8, 2016 Action Item for the City Council Meeting of March 29, 2016 DATE: TO: Ronald L. Olson, City Manager February 18, 2016 THRU: Mark Van Vleck, P.E., Assistant City Manager, Public Works and Utilities MarkVV@cctexas.com (361) 826-3082 FROM: Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Jeffrey H. Edmonds, P.E., Director, Engineering Services JeffreyE@cctexas.com (361) 826-3851 Engineering Design Contract 2014 Highway Safety Improvement Program CAPTION: Motion authorizing the City Manager or designee to execute the engineering design, bid and construction phase services contract with Maldonaldo-Burkett Intelligent Transportation Systems, LLP (MBITS) of Corpus Christi, Texas in the amount of $668,956.56 for the design of traffic signals approved in the 2014 Highway Safety Improvement Program grant. PURPOSE: The purpose of this Agenda Item is to execute the engineering design contract with Maldonado - Burkett Intelligent Transportation Systems, LLP (MBITS) for the design of forty-four (44) traffic signals, including six (6) new traffic signals and thirty eight (38) traffic signal upgrades. BACKGROUND AND FINDINGS: In 2014, the City applied for and received a $5.7 million grant from Texas Department of Transportation's (TxDOT) Highway Safety Improvement Program (HSIP). The HSIP provides grant funding for highway safety projects that eliminate or reduce the number and severity of traffic crashes. HSIP funding is for construction costs only with a 90/10 participation by State/Local Governments respectively. The Local Government is responsible for all other costs such as design, right of way, permitting and TxDOT administrative fees. The City will fund this design contract from the voter approved Bond 2014 Proposition 2 - Traffic Signals and Lighting Improvements (City Wide) project . The City participation for the construction match will be funded through the voter approved Bond 2014 Proposition 2 — Traffic Signals and Lighting Improvements and the respective bond Street Reconstruction projects from Bond 2012 and Bond 2014 accordingly. To receive the actual grant the applicant must provide detailed scope and design documents to TxDOT. City staff evaluated locations for coordination with Bond 12 and 14 street projects and completed the preliminary design under a previous small contract with MBITS. As a result, it was determined that eleven (11) locations would meet all requirements of the HSIP within the City's available resources and to receive the grant match. The grant requires that the project be advertised and awarded by TxDOT. An Advanced Funding Agreement is required and will be presented to City Council for approval and appropriation of the grant proceeds upon completion of the design phase and confirmation of pricing/funding. This project provides for the engineering services for the design to prepare the plans, specifications and estimates and related documents for the eleven locations with subsequent bid and construction phase support. The upgrades include replacement of signal and pedestrian heads, pedestrian poles, electrical wiring, ground boxes, detections systems, and controller cabinets necessary to improve functionality and safety for public transportation. The following is a summary of the locations: 1. Agnes Street Corridor from McBride to 19th St (4 new & 2 upgrades) 2. Alameda Street Corridor from Glazebrook to Texan Trail (2 upgrades) 3. Ayers Street Corridor from McArdle to Port (1 new & 2 upgrades) 4. Baldwin Blvd. Corridor from Airport to Crosstown (4 upgrades) 5. Doddridge Street Corridor from Alameda to Ocean (3 upgrades) 6. Greenwood Drive Corridor from South Padres Island Drive to Gollihar (4 upgrades) 7. Kostoryz Road Corridor from McArdle to Norton (6 upgrades) 8. Port Ave. Corridor from Tarlton to Ruth (1 new & 3 upgrades) 9. Staples Street Corridor from Mustang to Carmel Parkway (5 upgrades) 10. Weber Road Corridor from McArdle to Gollihar (2 upgrades) 11. Ocean Drive Corridor from Peoples Street to Louisiana (5 upgrades) MBITS was selected through the Request for Qualifications (RFQ) No. 2014-08. MBITS was issued and completed the preliminary phase design in December 2015. ALTERNATIVES: 1. Authorize the execution of an engineering design contract with MBITS. (Recommended) 2. Do not authorize the execution of an engineering design contract with MBITS. (Not Recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: ® Capital ❑ Revenue ['Operating ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $732,312.38 $732,312.38 Encumbered / Expended Amount 37,063.57 37,063.57 This Item 668,956.56 668,956.56 Future Anticipated Expenditures This Project 26,292.25 26,292.25 BALANCE $0.00 $0.00 Fund(s): Street CIP RECOMMENDATION: City Staff recommends approval of engineering design, bid and construction phase services contract with Maldonaldo-Burkett Intelligent Transportation Systems, LLP (MBITS) in the amount of $668,956.56 for the Highway Safety Improvement Program project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation Form 1295 PROJECT BUDGET 2014 Highway Safety Improvement Program FUNDS AVAILABLE: Street CIP (Bond 2014) $ 732,312.38 FUNDS REQUIRED: Engineering Contracts: Preliminary Design (Maldonado Burkett ITS, LLP) 37,063.57 Detailed Design, Bid/Construction Services (Maldonado Burkett ITS, LLP) 668,956.56 Reimbursements: Administration/Finance (Engineering/Capital Budget/Finance) (1.5%) 11,146.00 Engineering Services (Project Mgmt) 14,646.25 Misc 500.00 TOTAL $ 732,312.38 PROJECT BUDGET BALANCE $0.00 HIGHWAY SAFETY/IMPROVEMENTS PROGRAM (E 15205) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 CITY OF CORPUS CHRISTI ENGINEERING DESIGN, BID, CONSTRUCTION PHASE SERVICES 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 Maldonado -Burkett Intelligent Transportation Systems, LLP, a Texas corporation, 3833 South Staples Street, Suite N214, Corpus Christi, Nueces County, Texas 78411, (Consultant), hereby agree as follows: 1. SCOPE OF PROJECT 2014 Highway Safety Improvement Program (Project No. E15205) —The work includes plans and specifications for six (6) new signals and thirty-eight (38) signal upgrades as follows: Agnes Street Corridor — 4 new signals and 2 signal upgrades Alameda Street Corridor — 2 signal upgrades Ayers Street Corridor — 1 new signals and 2 signal upgrades Baldwin Blvd. Corridor — 4 signal upgrades Doddridge Street Corridor — 3 signal upgrades Greenwood Drive Corridor— 4 signal upgrades Kostoryz Road Corridor — 6 signal upgrades Port Ave. Corridor —1 new signals and 3 signal upgrades Staples Street Corridor — 5 signal upgrades Weber Road Corridor — 2 signal upgrades Ocean Drive Corridor — 5 signal upgrades 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 Contract for Professional Services Page 1 of 7 KIENGINE£RING DATAEXCHANGEWELMAPISTREET\E152052014 HIGHWAY SAFETY IMPROVEMENT PROGRAM4 ENGINEERING DESIGN CONTRACTII ENGINEERING DESIGN CONTRACT MALDONADO BURKETT DOC 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 $668,956.56. Monthly invoices will be submitted in accordance with Exhibit "B". The City's Project Manager from the Operating Department is responsible for assigning tasks to the Consultant and approving their daily/weekly/monthly hours. The Consultant is required to submit a detailed and approved hourly breakdown with their monthly invoice paperwork to the City for payment. 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. Contract for Professional Services Page 2of7 KAENGINEERING DATAEXCHANGE4VELMAPISTREET4E15205 2014 HIGHWAY SAFETY IMPROVEMENT PROGRAM,' =AILED DESIGN CONTRACTh DETAILED DESIGN CONTRACT MALDONADO BURKETT DOC 6. INSURANCE 6.1 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. 6.2 Consultant must furnish to the Director of Engineering Services with the signed agreement 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, 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 $1,000,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim $2,000,000 Aggregate (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. WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000 /$500,000 /$500,000 Contract for Professional Services Page 3 of 7 KIENGINEERING DATAEXCHANGENELMAPISTREET.E15205 2014 HIGHWAY SAFETY IMPROVEMENT PROGRAMt4 DETAILED DESIGN CONTRACTII DETAILED DESIGN CONTRACT MALDONADO EURKETT DOC 6.3 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. 6.4 Applicable for paid employees, Consultant 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 Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. 6.5 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. 6.6 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 6.7 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: 6.7.1 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 workers' compensation policy and professional liability/Errors & Omissions policy; 6.7.2 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; 6.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 6.7.4 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. Contract for Professional Services Page 4 of 7 KIENGINEERING DATAEXCHANGEIVELMAPISTREET415205 2014 HIGHWAY SAFETY IMPROVEMENT PROGRAMA DETAILED DESIGN CONTRACTII DETAILED DESIGN CONTRACT MALDONADO BURKETT DOC 6.8 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. 6.9 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. 6.10 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. 6.11 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. 6.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 7. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the Consultant at the address of record. In this event, 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. Contract for Professional Services Page 5of7 ICIENGINEERING DATAEXCHANGEWELMAPISTREETIE15205 2014 HIGHWAY SAFETY MPROVEMENT PROGRAMA DETAILED DESIGN CONTRACTII DETAILED DESIGN CONTRACT MALDONADO BURKETT DOC 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, 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 Consultant 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. 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- 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 Contract for Professional Services Page 6of7 KAENGINEERING DATAEXCHANGELVELMAPISTREETtEt5205 2014 HIGHWAY SAFETY IMPROVEMENT PROGRAMA GETALED DESIGN CONTRACTI1 DETAILED DESIGN CONTRACT MALDONADO BURKETT DOC 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 MALDONADO-BURKETT INTELLIGENT TRANSPORTATION SYSTEMS, LLP P. C r J. H. Edmonds, P.E. Date Ramon : • on • o, Jr., P.E. Date Director of Engineering Services Principal 2205 Western Trail Blvd., Suite B Austin, TX 78745 RECOMMENDED (512) 916-1386 Office 471/ z// eratin P De artmen Date P APPROVED AS TO LEGAL FORM Legal Department Date APPROVED Office of Management Date and Budget ATTEST Rebecca Huerta, City Secretary Project Number E15205 Accounting Unit 3551-051 Account 550950 Activity E15205 01 3551 EXP Account Category 50950 Fund Name Street 2015 GO Bond 2014 Contract for Professional Services Page 7 of 7 K. ENGINEERING DATAEXCHANGESVELMAPIBTREET\E15205 2014 HIGHWAY SAFETY IMPROVEMENT PROGRAM2 AMENDMENT NO 111 AMENDMENT NO. 1 MALDONADO BURKETT DOC MALDONADO-OURNETT INTELLIGENT TRANSPORTAT.ON SYS' EMS. LL P January 6, 2016 Mr. Jeff Edmonds, P.E. Director of Engineering Services 1201 Leopard Street Corpus Christi, TX 78401 Re: Highway Safety Improvement Program (HSIP) - 11 Corridors Dear Mr. Edmonds: As requested, this is a proposal for Highway Safety Improvement Program (HSIP) design fee. MBITS is proposing to prepare a 100% plan set to include six (6) new signals and thirty eight (38) signal upgrades. Below is a summary along with fees associated with this project. Agnes Street Corridor — (4 new signals and 2 signal upgrades) Alameda Street Corridor — (2 signal upgrades) Ayers Street Corridor — (1 new signals and 2 signal upgrades) Baldwin Blvd. Corridor — (4 signal upgrades) Doddridge Street Corridor — (3 signal upgrades) Greenwood Drive Corridor — (4 signal upgrades) Kostoryz Road Corridor — (6 signal upgrades) Port Ave. Corridor — (1 new signals and 3 signal upgrades) Staples Street Corridor — (5 signal upgrades) Weber Road Corridor— (2 signal upgrades) Ocean Drive Corridor — (5 signal upgrades) Contract Amount: $668,956.56 Contents Technical Specifications and PS&E documents will be included with the construction documents and completed in accordance with City and TxDOT specifications and standards. Construction documents will be submitted as on package. Schedule Once NTP is given we anticipate the overall design will take approximately 120 working days with dedicated staff. This time will also depend on the City's and TxDOT review time and comments. Review will consist of 60% and 100% reviews unless otherwise directed. EXHIBIT "A" Page 1 of 2 3833 SOUTH STAPLES ST SUITE N214 CORPUS CHRIST., TX 78411 Office 361-236-4,,11 www mbitsgroup.com MALDONAbO-SUIKITT INTELLIGENT TRANSPORTATION SYSTEMS, LLP If you have any additional questions please let us know. Best Regards, Ramon H. Maldonado Jr., P.E. Managing Partner CC: Jerry Shoemaker, P.E. Sarah Munoz, E.I.T. Raymond Chong, P.E., PTOE EXHIBIT "A" Page 2 of 2 3833 SOUTH STAPLES ST SUITE NZ14 CORPUS CHRISTI, TX 78411 • Office 361-236-4611 • www.mbitsgroup.com w 2 Z � 0 CV CD T CO O 6 d czz, w6°''o J 0 C a a 2 /0 V to N L N a w Q O 0 c o• E a a c 0 1- L 0 0 N 0 z •o 0 z O 0 Basic Services: a o 0 s o t() 0% o 0 o 0 (*) e u) N 0% 0°% o 0 0% 0 a 0 T T 0 0 Cr) 0 T T 0 Cr) N 0 o 0 x t17 0 0 to 0 to 0 0 0 1,627 1,627 0 0 0 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000 $1,120 $1,627 $4,747 $500 $0 $500 000 t1) I 2,000 1,120 1,627 4,747 500 0 500 $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 6 T E 64 64 00 to 0 a 11) Q 0 tt) 6 0 t1) gr oaoaoo Oo Cs inc) CI 64 64 EaT 0 0 In '0 0 O 0 O N 0. O r...N Lel 0 T N et- 69 6F? vi 10 N el 0 o eti if, 10 N etl 64 Ea T a 64 Ln N T T 1 - be} d4 0 0 0 0 0 0 o 660 4 0 T 0 o T 61 T T d4 00 0 0 CI 0 0 0 0 CI 0 001r1tn0 0 0 T d4 N N (¢ 64 N 64 (D 64 Construction Phase Subtotal Basic Services Additional Services: Subtotal Additional Services Additional Services Fees Total of Fees EXHIBIT "B" Page 1 of 1 e6 SUPPLIER NUMBER TO BE ASSIGNED 13? CFI PURCHASING DIVISION City o CITY OF CORPUS CHRISTI Chn f; DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City torovide 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: Maldonado -Burkett Intelligent Transportation Systems, LLP P. O. BOX: N/A 2205 Western Trails blvd., STREET ADDRESS: Suite B FIRM 1S: I. Corporation 4. Association B CITY: Austin, TX ZIP: 78745 ? 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. I. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) NIA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title NIA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 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 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: Ramon H. Maldonado, Jr., P. E. Title: Principal (Type or Printf Signature of Certifying Person: DEFINITIONS Date: 2/0176 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. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 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. 2016-3483 Date Filed: 1 0111512015 Dale Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Maldonado-Burkett ITS, LLP Austin, 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 goods or services to be provided under the contract. E15205 Traffic Engineering and Signal Design 4 Name of interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Burkett, Karl Austin, TX United States X Maldonado, Ramon Austin, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, underPe �►Y of perjury, u, that the above disclosure is true and correct. Signature of authors ant of contracting business entity AFFIX NOTARY STAMP 1 SEAL ABOVE Swornto and subscribed before me. by the said Q D Y (Y\ MtL f f1Q(1O , this the (5jr day of FPbrUA,rl , 20 ■� y+�.. V1 iir , to certify which, witness my hand and seal of office. - ,; ; t MEGAN SIMALA MY COMMISSION EXPIRES 15, 2x18 �(I C�llllt CIA Rap/AC" Sigr�ttrre of officer administering oath Print name of officer administering oathTide of officer administering Forms orovided by Texas Ethics Commission www.ethits.staie.tx.us Version V1.0.34032 Corpus Chrsti Engineeri ng Highway Safety Improvement Project (HSIP) Council Presentation March 8, 2016 bkoec, Sar HSIP Locations INTERSTATE 37 1• 4••8 6• • 3 co co o Corpus Christi • Project Locations els Corpus Chr stU Engineering The 11 Corridors are as follows: 1. Agnes - McBride to 19th St (4 new & 2 upgrades) 2. Alameda - Glazebrook to Texan Trail (2 upgrades) 3. Ayers - McArdle to Port (1 new & 2 upgrades) 4. Baldwin - Airport to Crosstown (4 upgrades) • i i 5. Doddridge - Alameda to Ocean (3 upgrades) 6. Greenwood - SPID to Gollihar (4 upgrades) 7. Kostoryz - McArdle to Norton (6 upgrades) • 2 8. Port Ave - Tarlton to Ruth (1 new & 3 upgrades) • 5 9. Staples — Mustang to Carmel Pkwy (5 upgrades) • 7 •9 10. Weber - McArdle to Gollihar (2 upgrades) •o 11. Ocean - Peoples St to Louisiana (5 upgrades) 2 Project Scope Corpus Chr'sti Engineering This project is part of a Texas Department of Transportation (TxDOT) Highway Safety Improvement Program ( HSIP) for which the City received a $5.7 Million grant. • HSIP projects specifically target public transportation safety • Grant provides a 90/10 participation by State/ City (construction only) • City is responsible for design, right of way, construction admin, etc. • TxDOT advertises and awards the project • An Advanced Funding Agreement will be presented to City Council after design phase is complete • Project includes 11 locations City-wide and are coordinated with other City Bond programmed street improvement projects Project Schedule Corpus Chr'sti Engineering 2016 Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec Jan Bid * Construction will be coordinated with TxDOT 0111111 Corpus Chr stU Engineering Questions? 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: 2016-3483 Date Filed: 01/15/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Maldonado -Burkett ITS, LLP Austin, 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 goods or services to be provided under the contract. E15205 Traffic Engineering and Signal Design 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Burkett, Karl Austin, TX United States X Maldonado, Ramon Austin, TX 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. Signature of author ent of contracting business entity AFFIX NOTARY STAMP 1 SEAL ABOVE Sworn towand subscribed before me, by the said O( �KW(�V , this the { day of Feb Mail , - 20 to certify which, witness my hand and seal of office. ' .,, 'r'�t;C: MEGANSIMAUI s,a „�„t MY COMMISSION EXPIRES J ary15,2018 R'Y � �� �till� nein Ma.rii i Sigr-ature of officer administering oath Print[ name of officer administering oath Title of officer administering o Th Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34032