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Agenda Packet City Council - 04/19/2016
Corpus Christi 1201 Leopard Street - f' Corpus Christi,TX 78401 i cctexas.com Meeting Agenda - Final-revised City Council Tuesday,April 19,2016 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingl6s es limitado, habra un interprete ingl6s-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office(at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Nelda Martinez to call the meeting to order. B. Invocation to be given by Elder Jimmy Perez -The Summit Church. C. Pledge of Allegiance to the Flag of the United States to be led by Yasmine Chapman, Director of Human Resources. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 16-0431 Proclamation declaring April 21, 2016, "Affordable Housing Summit 2016 Day". Proclamation declaring April 23, 2016, "Take A Walk on the Beachwalk Day". Proclamation declaring April 29, 2016, "15th Annual Corpus Christi Technology Olympics Day". Proclamation declaring April 24-30, 2016, "Medical Laboratory Professionals Week". Corpus Christi Page 1 Printed on 4/18/2016 City Council Meeting Agenda-Final-revised April 19,2016 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. 16-0430 Regular Meeting of April 12, 2016 Attachments: Minutes -April 12, 2016 I. BOARD &COMMITTEE APPOINTMENTS: 3. 16-0432 Building Standards Board Landmark Commission Leadership Committee for Senior Services Reinvestment Zone No. 3 Board Transportation Advisory Commission Watershore and Beach Advisory Committee Corpus Christi Page 2 Printed on 4/18/2016 City Council Meeting Agenda-Final-revised April 19,2016 Attachments: Building Standards Board.pdf Landmark Commission.pdf Leadership Committee for Senior Services.pdf Reinvestment Zone No. 3 Board.pdf Transportation Advisory Commission.pdf Watershore and Beach Advisory Committee.pdf J. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed;may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance,or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting,such agendas are incorporated herein for reconsideration and action on any reconsidered item. K. CONSENT AGENDA: (ITEMS 4 - 18) 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. 16-0407 Appointing Council Member Michael T. Hunter to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation Motion appointing City Council Member Michael T. Hunter as board member to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation. Attachments: Agenda Memo-CBHFDC-2016 5. 16-0406 Appointing Council Member Michael T. Hunter to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation Motion appointing Council Member Michael T. Hunter as a Board Member to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. Attachments: Agenda Memo-CCHFC and CCIDC 2016 6. 16-0169 Engineering Design Contract for the equipment in the Traffic Management Center under the Signal Improvement and Street Corpus Christi Page 3 Printed on 4/18/2016 City Council Meeting Agenda-Final-revised April 19,2016 Lighting (Bond 2012) Proposition 1 project Motion authorizing the City Manager, or designee, to execute a contract for professional services with Maldonado-Burkett Intelligent Transportation Systems, LLP (MBITS) of Corpus Christi, Texas in the amount of$697,785.18 to complete the design and implementation of the Traffic Signal Management Equipment in the new Traffic Management Center (TMC) (Bond 2012 Proposition 1 Signal Improvements & Street Lighting project) Attachments: Agenda Memo-Traffic Management Center Signal Improvements Prosect Budget-Traffic Management Center Signal Improvements Location Map-Traffic Management Center Contract-Traffic Management Center Signal Improvements Presentation -Traffic Management Center Signal Improvements Form 1295-MBITS Traffic Management Center 7. 16-0306 Engineering Design Contract Amendment No 4 for O.N. Stevens Raw Water Influent Improvements Motion authorizing the City Manager, or designee, to proceed with design, bid and construction phase services by executing Amendment No. 4 with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of$650,729 for a total restated fee not to exceed $2,639,549 for O.N. Stevens Raw Water Influent Improvements. Attachments: Agenda Memo-ONS Raw Water Improvements Prosect Budget-ONS Raw Water Improvements.xls Location Map-ONS Raw Water Improvements.pdf Contract-ONS Raw Water Improvements.pdf Presentation -ONS Raw Water Improvements Form 1295-ONS Raw Water Improvements 8. 16-0305 Engineering Design Contract for O.N. Stevens Facilities Feed Optimization Improvements Motion authorizing the City Manager, or designee, to execute an Engineering Design contract with LNV, Inc. of Corpus Christi, Texas in the amount of$1,091,812 for O.N. Stevens Facilities Feed Optimization Improvements for design, bid and construction phase services. Attachments: Agenda Memo-ONS Facilities Feed Prosect Budget-ONS Facilities Feed.xls Location Map-ONS Facilities Feed Contract-ONS Facilities Feed Presentation -ONS Facilities Feed Final Form 1295-ONS Facilities Feed Corpus Christi Page 4 Printed on 4/18/2016 City Council Meeting Agenda-Final-revised April 19,2016 9. 16-0368 Construction Contract and Construction Materials Testing Agreement for the Elevated Water Storage Tanks (Alternative Capacity Requirement Implementation, Phase 2) Motion authorizing the City Manager or designee to execute a construction contract with CB&I, Inc. of The Woodlands, Texas in the amount of$9,245,050 for the Elevated Water Storage Tanks (Alternative Capacity Requirement Implementation, Phase 2) for the Base Bid plus Additive Alternates No. 2 and 4 and to execute a construction materials testing agreement with Rock Engineering and Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $63,400 for the Elevated Water Storage Tanks. Attachments: Agenda Memo- Elevated Storage Tanks Prosect Budget- Elevated Storage Tanks Location Map- Elevated Storage Tanks.pdf Contract- Elevated Storage Tanks.pdf Presentation - Elevated Storage Tanks Pressure Zone Map- Elevated Storage Tanks.pdf Form 1295 CB&I, Inc-Elevated Storage Tanks.pdf Form 1295 Rock Engineering - Elevated Storage Tanks.pdf 10. 16-0369 Authorizing a construction contract for Citywide Collection System Pipebursting Indefinite Delivery/Indefinite Quantity (IDIQ) Part B with 4 optional one year extensions to be administratively approved Motion authorizing the City Manager or designee to execute a multi-year construction IDIQ contract with PM Construction & Rehab, LLC of Pasadena, Texas in the amount of$1,875,000 for the Citywide Collection System Pipebursting Project. Contract renewals for four (4) optional future years will be administratively approved. Attachments: Agenda Memo- Pipebursting.docx Prosect Budget- Pipebursting.As Location Map Pipebursting.pdf Presentation Pipebursting.pptx Form 1295-Pipebursting.pdf 11. 16-0396 Resolution authorizing a service agreement for management and operation of the City's employer-sponsored Wellness Clinic Resolution authorizing the City Manager or designee to negotiate and execute a service agreement with Concentra Health Services, Inc., to provide management and operation of the City's employer-sponsored Wellness Clinic for a two-year term, with up to three one-year Corpus Christi Page 5 Printed on 4/18/2016 City Council Meeting Agenda-Final-revised April 19,2016 extensions. Attachments: Agenda Memo- Employer Sponsored Wellness Clinic Resolution Employer Wellness Clinic vFinal Service Agreement- Employer Sponsored Wellness Clinic part 1 Service Agreement- Employer Sponsored Wellness Clinic part 2 Service Agreement- Employer Sponsored Wellness Clinic part 3 Form 1295 Service Agreement- Employer Sponsored Wellness Clinic part 4 12. 16-0347 Resolution approving Second Amended Interlocal Cooperation Agreement for Tax Increment Reinvestment Zone Three Resolution authorizing the City Manager to execute a Second Amended Interlocal Cooperation Agreement with Del Mar College District, relating to the participation of the City and Del Mar College District in Reinvestment Zone Three, City of Corpus Christi Texas Attachments: Agenda Memo- Del Mar College TIRZ Extension Resolution -TIRZ Del Mar Interlocal 2016 Interlocal Agreement- Del Mar College TIRZ#3 13. 16-0364 Second Reading Ordinance - Rezoning property located at 2918, 2922, 2926 and 2930 Highland Avenue (1st Reading 4/12/16) Case No. 0216-02 Julio C. and Minerva E. Reyna and Jose Luis Rodriquez and Maria Juliana Luna: A change of zoning from the "CN-1" Neighborhood Commercial District to the "RS-6" Single-Family 6 District. The property is described as being Lot Nos. 23-B, 24-B, 25-B and 25, Block 6, Montrose Park, located near the northeast corner of Highland Avenue and Duncan Street. Planning Commission and Staff Recommendation (March 9, 2016): Approval of the change of zoning from the "CN-1" Neighborhood Commercial District to the "RS-6" Single-Family 6 District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Julio C. and Minerva E. Reyna and Jose Luis Rodriguez and Maria Juliana Luna ("Owners"), by changing the UDC Zoning Map in reference to Lot Nos. 23-B, 24-B, 25-B and 25, Block 6, Montrose Park, from the "CN-1" Neighborhood Commercial District to the "RS-6" Single-Family 6 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Corpus Christi Page 6 Printed on 4/18/2016 City Council Meeting Agenda-Final-revised April 19,2016 Attachments: Agenda Memo-Julio and Minerva Reyna Ordinance -Julio and Minerva Reyna Maps-Julio and Minerva Reyna Zoning Report-Julio and Minerva Reyna 14. 16-0365 Second Reading Ordinance -Appropriating funds from utility customer donations for the Arts & Cultural Commission (ACC) (1st Reading 4/12/16) Ordinance appropriating $4,290.08 in City utility customer donations in General Fund No. 1020 for use by programs coordinated through the City Arts and Cultural Commission and amending the FY2016 Operating Budget adopted by Ordinance No. 030620 to increase expenditures by $4,290.08. Attachments: Agenda Memo-Arts and Cultural Alliance Utlity Bill Appropriation Ordinance -Arts Cultural Alliance Utility Bill Appropriation Attachment A- Utility Bill for arts 15. 16-0370 Second Reading Ordinance -Approving Annual Ordinance for Select Parks and Recreation Grants (1st Reading 4/12/16) Ordinance authorizing the City Manager or designee to execute documents to apply for and accept grants from the Area Agency on Aging of the Coastal Bend for the Elderly Nutrition Program, Corporation for National and Community Service for the RSVP (Retired and Senior Volunteer Program) and the Senior Companion Program, and grants from the Texas Department of Agriculture for the Summer Food Service Program, Afterschool Snack Program, and Texan's Feeding Texans program and upon receipt, to appropriate funds in the No. 1067 Park Grants Fund for said city programs. Attachments: Agenda Memo-annual ordinance for select PARD grants Ordinance -select PARD grants2 16. 16-0357 Second Reading Ordinance -Amending the Urban Transportation Plan deleting the extension of First National Boulevard between Compton Road and Graham Road (1st Reading 4/12/16) Ordinance amending the Urban Transportation Plan Map, of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, by deletion of the extension of First National Boulevard; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. Corpus Christi Page 7 Printed on 4/18/2016 City Council Meeting Agenda-Final-revised April 19,2016 Attachments: Agenda Memo- UTP Amendment Ordinance with Attachment- First National Blvd UTP Amendment Presentation - UTP Amendment 17. 16-0244 Second Reading Ordinance -Appropriating funds and approving the four agreements with American Electric Power (AEP) for the Installation of LED Street Lights on North Beach at City Parks along the Beach Walk (1st Reading 4/12/16) Ordinance appropriating $99,557 from unreserved fund balance in the No. 1040 Parking Improvement Fund; authorizing the City Manager, or designee, to approve Contribution-In-Aid-Of-Construction Agreements with American Electric Power (AEP) for a total of$149,958.41, for the installation of the LED lighting improvements on North Beach at City parks along the Beach Walk; and amending the FY 2015-2016 Operating Budget adopted by Ordinance 030620 by increasing expenditures by $99,557. Attachments: Agenda Memo- Light Up CC Ordinance - North Beach AEP lighting improvements Budget-Light Up CC Location Map- Light Up CC Contract 1 - North Beach Contract 2- North Beach Contract 3- North Beach Contract 4- North Beach Presentation - Light Up CC 18. 16-0363 Second Reading Ordinance -Amending ordinance to Prohibit parking on Leopard Street from Rose Street to Pierpont Street in front of Fire Station No. 5 (1st Reading 4/12/16) Ordinance amending the Code of Ordinances, Chapter 53, Section 53-252 Schedule III - Parking prohibited at all times on certain streets by adding Leopard Street, south side, from Rose Street to Pierpont Street. Attachments: Agenda Memo- Leopard Street Rose and Pierpont.docx Ordinance - Leopard Street Rose and Pierpont Location Map- Leopard Street Parking Prohibition Location Map.pdf Presentation - Leopard Street Rose and Pierpont.pptx L. EXECUTIVE SESSION: (ITEMS 19 - 23) 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 Corpus Christi Page 8 Printed on 4/18/2016 City Council Meeting Agenda-Final-revised April 19,2016 regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The City Council may deliberate and take action in open session on any issue that may be discussed in executive session. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 19. 16-0427 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. 20. 16-0373 Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to City's Code of Ethics and City's Ethics Commission and legal representation of Ethics Commission regarding said issues. 21. 16-0447 Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to conveyance, lease, and sale of City property and pursuant to Texas Government Code § 551.072 to discuss and deliberate the purchase, exchange, lease, and value of real property located at 5151 McArdle Road known as Mt. Vernon Park when deliberation in open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. 22. 16-0410 Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to extraterritorial jurisdiction and City boundaries, including, but not limited to, annexation and rights and remedies pursuant to Chapter 43 of the Texas Local Government Code, and certificates of convenience and necessity. 23. 16-0459 Executive session pursuant to Texas Government Code 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to pending and potential employment law litigation against the City. M. PUBLIC HEARINGS: (ITEMS 24 - 26) 24. 16-0375 Public Hearing and First Reading Ordinance - Rezoning property located at 5246 Lexington Road Case No. 0316-01 May Dev., LP: A change of zoning from the "RM-1" Multifamily 1 District to the "CG-2" General Commercial District. The property is described as Lot 6, Block 1, Bridgepoint Landing, located along the east side of Lexington Road approximately 490 feet south of South Padre Island Drive (SH 358). Corpus Christi Page 9 Printed on 4/18/2016 City Council Meeting Agenda-Final-revised April 19,2016 Planning Commission and Staff Recommendation (March 23, 2016): Approval of the change of zoning from the "RM-1" Multifamily 1 District to the "CG-2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by May Dev., LP ("Owner"), by changing the UDC Zoning Map in reference to Lot 6, Block 1, Bridgepoint Landing, from the "RM-1" Multifamily 1 District to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo- May Dev., LP Ordinance - May Dev., LP Location Maps- May Dev., LP Zoning Report-May Dev., LP 25. 16-0376 Public Hearing and First Reading Ordinance - Rezoning property located at 14806 Leeward Drive Case No. 0316-03 Ocean Harbor 11, LLC: A change of zoning from the "RM-AT/10" Multifamily AT District with an Island Overlay to the "RS-TH/10/PUD" Townhouse District with an Island Overlay and Planned Unit Development Overlay. The property is described as Lots 22, 23, and 24, Block 52, Padre Island-Corpus Christi Section B, located on the southeast corner of Leeward Drive and St. Bartholomew Avenue. Planning Commission and Staff Recommendation (March 23, 2016): Approval of the change of zoning from the "RM-AT/10" Multifamily AT District with an Island Overlay to the "RS-TH/10/PUD" Townhouse District with an Island Overlay and Planned Unit Development Overlay with ten conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Ocean Harbor 11, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lots 22, 23, and 24, Block 52, Padre Island-Corpus Christi Section B, from the "RM-AT/10" Multifamily AT District with an Island Overlay to the "RS-TH/10/PUD" Townhouse District with an Island Overlay and Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo-Ocean Harbor II, LLC Ordinance -Ocean Harbor II, LLC Location Maps-Ocean Harbor II, LLC Zoning Report-Ocean Harbor II, LLC Corpus Christi Page 10 Printed on 4/18/2016 City Council Meeting Agenda-Final-revised April 19,2016 26. 16-0390 Public Hearing and First Reading Ordinance -Amending the Unified Development Code to improve its implementation Ordinance amending the Unified Development Code by revising subsection 1.11.3 "Defined Terms", subsection 3.10.1.A "Minor Plat", table 4.4.4 "Multifamily Housing Types", tables 4.3.2, 4.4.2, 4.5.2 and 4.6.2 "Permitted Uses" for single family, multifamily, commercial, and industrial districts, respectively, table 4.5.3 "Residential Development Standards", table 4.5.4 "Nonresidential Development" standards, table 5.1.4.G "Retail Sales and Service", subsection 5.2 "Specific Standards" for game processing, subsection 5.3.2.C.1 "Fuel Pumps, Islands and Canopies", subsection 7.4.4.0 "Outside Storage", subsection 8.2.3.A "Utility Easements" and subsection 3.12.1 "Applicability" for special use exceptions; providing for severance; providing for penalties; and providing for publication. Attachments: Agenda Memo- UDC Text Amendments II 2016 Ordinance - UDC Text Amendments 11 2016 N. REGULAR AGENDA: (ITEMS 27 - 32) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 27. 16-0327 Awarding the purchase of property insurance through Carlisle Insurance Agency, Broker of Record Motion awarding the purchase of property insurance and, authorizing the City Manager to execute all documents necessary to purchase All Risk, Flood, Named Storm, Wind/Hail, Earthquake, and Equipment Breakdown through Carlisle Insurance Agency, Broker of Record for property insurance, in exchange for premium totaling $2,001,750 from May 5, 2016 to May 5, 2017 of which $811,669 is required for the remainder of FY 2015-2016. Attachments: Agenda Memo-2016-17 Property Insurance Renewal Proposal 28. 16-0315 Appointment of Financial Advisor for Issuance of General Improvement Refunding Bonds Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for one or more series of"City of Corpus Christi, Texas General Improvement Refunding Bonds" in an aggregate principal amount not to exceed $23,610,000. Attachments: Agenda Memo- FA for GO Bond Refunding 4-12-16.doc Exhibit A-Financial Advisor Fee Schedule.pdf 29. 16-0314 Second Reading Ordinance - Authorizing the issuance of General Improvement Refunding Bonds (1st Reading 4/12/16) Corpus Christi Page 11 Printed on 4/18/2016 City Council Meeting Agenda-Final-revised April 19,2016 Ordinance authorizing the issuance of one or more series of"City of Corpus Christi, Texas General Improvement Refunding Bonds", as further designated by series, in an aggregate principal amount not to exceed $23,610,000, levying a continuing direct annual ad valorem tax, within the limitations prescribed by law, for the payment of the bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the bonds; including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent/registrar agreement, a purchase contract, and an escrow agreement; complying with the letter of representations on file with the depository trust company; delegating the authority to certain members of the City staff to execute certain documents relating to the sale of the bonds; and providing an effective date. Attachments: Agenda Memo- Issuance of GO Refunding Bonds 4-12-16.doc Ordinance -GO Refunding Bonds 3-21-16.pdf 30. 16-0386 Second Reading Ordinance -Approving the sale of park properties (1st Reading 4/12/16) Ordinance approving the sale of properties as follows and authorizing the City Manager to execute documents necessary to complete each real estate sales transaction: a)Acushnet Park (6746 Aaron) to MVR Construction Company and/or assigns in amount of$655,000; b) Cabra Park (1323 W. Broadway) to Darla-1, Ltd. and/or assigns in amount of$24,000; c) Durant Park (6113 Durant) to MVR Construction Company and/or assigns in amount of$130,000; d) Parklane Park (4600 Arlene) to Albert Ayala and/or assigns Roberto Cardenas and/or assigns in amount of$121,000; e) Peary Park (1750 Paul Jones Rd) to 4625 No. 3, Ltd., a Texas limited partnership and/or assigns in amount of$36,000; f) Ridgewood Park (5730 Malden) to Richard O. Serna and/or assigns and John Tamez and/or assigns in amount of$400,003; and g) Willow Park (11418 Willowood) to Martin and Gaby Sada and/or assigns in amount of$50,000. Corpus Christi Page 12 Printed on 4/18/2016 City Council Meeting Agenda-Final-revised April 19,2016 Attachments: Agenda Memo-Sale of Parkland Ordinance -Sale of Parkland Contract-Acushnet- MVR-032316-Signed by Buyer Contract-Cabra Park-032216 -signed by Buyer Contract- Durant- MVR-032316-Signed by Buyer Contract- Parklane -Ayala -030816 -Signed by Buyer Contract- Peary Park-4625-030816 -Signed by Buyer Contract- Ridgewood -Serna -032816-Signed by Buyer Contract-Willow Park-Sada -032316-signed by Buyer Maps-All Park Exhibits Combined 31. 16-0344 Professional Services Agreement for Legal Services Motion to authorize City Manager or designee to execute Professional Services Agreement for Contract Legal Counsel with Julian Grant at hourly rate of$50.00 in a total amount not to exceed $75,000 for Fiscal Year 2015-2016. Attachments: Agenda Memo-City Attorney Professional Services Contract Agreement- Professional Services Resume -Julian Grant Form 1295-Julian Grant 32. 16-0239 Construction Contract for Collier Pool Renovations (Bond 2012) Rebid - Part A (Pool) Motion authorizing the City Manager, or designee, to execute a construction contract with Atlantis Aquatic Group. of Austin, Texas in the amount of$1,782,412 for the Collier Pool Renovations Rebid - Part A (Pool) for replacement of the existing swimming pool and pump house. (Bond 2012 Proposition 4 -Aquatic Facilities) Attachments: Agenda Memo-Collier Pool Prosect Budget-Collier Pool Presentation Part A Collier Pool Location Map Collier Pool Form 1295-Collier Pool O. RECESS FOR CORPORATION MEETING: (ITEM 33) 33. 16-0402 Annual Board Meeting of the Corpus Christi Housing Finance Corporation Corpus Christi Page 13 Printed on 4/18/2016 City Council Meeting Agenda-Final-revised April 19,2016 Attachments: Agenda Memo for CCHFC Board Meeting 4 19.docx CCHFC Board Agenda Minutes -CCHFC16-01 Treasurers Report-CCHFC Feb 2016 Resolution P. RECONVENE CITY COUNCIL MEETING: Q. FIRST READING ORDINANCES: (ITEMS 34 -38) 34. 16-0414 First Reading Ordinance -Accepting and appropriating the Click It Or Ticket program grant within the Police Department Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of$16,987.31 from the State of Texas, Department of Transportation for the FY2016 Click It Or Ticket program grant; and appropriating the $16,987.31 in the No. 1061 Police Grants Fund Attachments: Agenda Memo-Click it or Ticket 2016 Ordinance -Click it or Ticket 2016 35. 16-0389 First Reading Ordinance -Accepting and appropriating the Houston High Intensity Drug Trafficking Area (HIDTA) grant funds within the Police Department Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant award in the amount of $170,815 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for 4 Corpus Christi Police Officers, and 4 lease vehicles; and appropriating the $170,815 in the No. 1061 Police Grants Fund. Attachments: Agenda Memo- HIDTA grant award 04.12.2016 Ordinance - HIDTA grant 2016- Police Agreement-2016 signed HIDTA grant 36. 16-0362 First Reading Ordinance -Appropriating Federal grant amendment No. 2 for runway improvements at the airport Ordinance appropriating $1,000,000 from Federal Aviation Administration Grant No. 3-48-0051-049-2012 Amendment No. 2 in the No. 3020 Airport Capital Improvement Fund for projects involving Runway 18/36, Runway 13/31, taxiways, and storm water improvements, with the 10% match provided from the Airport Capital Corpus Christi Page 14 Printed on 4/18/2016 City Council Meeting Agenda-Final-revised April 19,2016 Reserve Fund; and amending the FY2015-2016 Capital Budget adopted by Ordinance No. 030621 by increasing revenues and expenditures by $1,000,000 each. Attachments: Agenda Memo- FAA Grant No. 49 Amendment No. 2 Ordinance - FAA Grant No. 49 Amendment 2 FAA Letter.pdf 37. 16-0308 First Reading Ordinance -Amending City Code regarding Island Strategic Action Committee membership Ordinance amending City Code of Ordinances regarding Island Strategic Action Committee membership Attachments: Agenda Memo- ISAC Membership 3.21.16 Ordinance to Amend ISAC membership Letter of Support- ISAC Ordinance Amendment 38. 16-0391 First Reading Ordinance -Approving agreement and appropriating funds to reimburse developer for the construction of water arterial transmission and grid main line located east of Ennis Joslin Road, south of Holly Road, and north of Wooldridge Road. 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 $104,080.31 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. Attachments: Agenda Memo- MPM Development, LP-Parkview Unit 1-vFinal Ordinance - MPM Development, LP-Parkview Unit 1-vFinal Location Maps- Parkview Unit 5 MPM Development, LP-Parkview Unit 1-vFinal R. FUTURE AGENDA ITEMS: (ITEMS 39 -41) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 39. 16-0392 Resolution approving a Developer Participation Agreement to reimburse developer for the City's cost to extend North Oso Parkway located east of Ennis Joslin Road, south of Holly Road, and north of Wooldridge Road. 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 $499,302.42 for the City's share of the cost to extend North Oso Parkway, in accordance with the Unified Development Code. Corpus Christi Page 15 Printed on 4/18/2016 City Council Meeting Agenda-Final-revised April 19,2016 Attachments: Agenda Memo- Parkview Unit 5 Resolution with agreement- Parkview Unit 5 Location Maps- Parkview Unit 5 40. 16-0047 Authorizing a Service Agreement for Closed Circuit Televised Inspection of Small-Diameter Wastewater Lines Motion authorizing the City Manager, or designee, to enter into a service agreement for Closed Circuit Televised Inspection of Small-Diameter Wastewater Lines with Ace Pipe Cleaning of Kansas City, Missouri in accordance with Bid Event No. 90, based on lowest responsive, responsible bid, for an estimated annual expenditure of$1,908,132.00. Funds have been budgeted by the Wastewater Department in FY 2015-2016. Attachments: Agenda Memo-CCTV Inspection of Small-Diameter Wastewater Lines.docx Bid Tabulation-CCTV Inspection of Small-Diameter Wastewater Lines Service Agreement-CCTV Inspection Small Diameter WW Lines.pdf ACE Form 1295 41. 16-0164 Authorizing Lease Agreement for the operation of the City Detention and Magistration Center in Wilson Plaza Motion to authorize City Manager, or designee, to execute a Lease Agreement, between Wilson Plaza Associates LP., for the operation of the City Detention and Magistration Center Attachments: Agenda Memo- Lease Agreement for City Detention and Magistration Center Agreement- Lease Extension Previously approved Amendment-Lease Expansion S. BRIEFINGS: (ITEMS 42 -44) 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. 42. 16-0377 Revisions to Chapter 14, Article II, Technical Construction Codes Attachments: Agenda Memo- Revisions to Chapter 14 Presentation - Revisions to Chapter 14 Informal Staff Report- Revisions to Chapter 14 43. 16-0420 Harbor Bridge Replacement Project Attachments: Agenda Memo- Harbor Bridge Presentation Presentation - Final Harbor Bridge 2 compressed 44. 16-0434 Discovery - TNC Ordinance Reconsideration: Vehicle For Hire/ Taxi Ordinance Corpus Christi Page 16 Printed on 4/18/2016 City Council Meeting Agenda-Final-revised April 19,2016 Attachments: Agenda Memo-TNC Ordinance Reconsideration-Taxi Presentation-Vehicle for Hire/Taxi Ordinance Spreadsheet- TNC Ordinance Standards Spreadsheet-Texas Vehicle for Hire/Taxi Standards Corpus Christi Taxi Ordinance Summary T. ADJOURNMENT Corpus Christi Page 17 Printed on 4/18/2016 CorCorpus Christi 1201 Leopard Street F' Corpus Christi,TX 78401 r& cctexas.com Meeting Minutes City Council Tuesday,April 12,2016 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Nelda Martinez to call the meeting to order. Mayor Martinez called the meeting to order. B. Invocation to be given by Spiritual Leader Chere Pinkston, Unity Spiritual Center. Spiritual Leader Chere Pinkston gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Sylvia Wilson, Human Relations Administrator. Human Relations Administrator Sylvia Wilson led the Pledge of Allegiance. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. (Note: Council Member McIntyre arrived at 11:37 a.m.) Present: 9- Mayor Nelda Marti nez,Council Member Rudy Garza,Council Member Michael Hunter,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lucy Rubio,Council Member Brian Rosas,Council Member Mark Scott, and Council Member Carolyn Vaughn E. Proclamations /Commendations 1. Proclamation declaring April 12, 2016, "MADD Power of Parents Talk Day". Proclamation declaring April 2016, "Child Abuse Prevention Month". Proclamation declaring April 2016, "Corpus Christi Safe Digging Month". Mayor Martinez presented the proclamations. Corpus Christi Page 1 Printed on 4/15/2016 City Council Meeting Minutes April 12,2016 G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Martinez deviated from the agenda and referred to City Manager's Comments. City Manager Ron Olson reported on the following topics: a. OTHER 1) The Police Department received its reaccreditation from the Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA). Other departments working towards accreditation are the Fire Department and the Parks and Recreation Department.2) Buc Days Events is being held between April 14- May 1, 2016. City Hall will be a"Park-and-Ride" location. Citizens are invited to park at City Hall and take Corpus Christi Regional Transportation Authority's (RTA) buses to the various venues. Information can be found at www.news.cctexas.com 3)The City's Solid Waste garbage trucks are equipped with video cameras. These cameras have proven to be a successful tool for receiving information on accidents and assisting with training.4) The 4th Annual City Employees Motorcycle Ride will be held Saturday,April 16,2016. Riders will meet at City Hall at 8:30 a.m. and the ride will begin at 9:00 a.m. H. MINUTES: 2. Regular Meeting of March 29, 2016 Mayor Martinez referred to approval of the minutes.A motion was made by Council Member Garza,seconded by Council Member Magill. The Minutes were passed unanimously. I. BOARD &COMMITTEE APPOINTMENTS: 3. Airport Board Coastal Bend Council of Governments North Padre Island Development Corporation Planning Commission Reinvestment Zone No. 2 Board Mayor Martinez referred to Item 3. The following board and committee appointments were made: Airport Board Council Member McIntyre made a motion to reappoint Mary Helen Dunnam, Alex Garcia Jr., and Karl Tomlinson,seconded by Council Member Magill and passed unanimously. Coastal Bend Council of Governments Council Member Magill made a motion to appoint Michael T. Hunter,seconded by Council Member Garza and passed unanimously. Corpus Christi Page 2 Printed on 4/15/2016 City Council Meeting Minutes April 12,2016 North Padre Island Development Corporation Council Member McIntyre made a motion to appoint Michael T. Hunter, seconded by Council Member Vaughn and passed unanimously. Planning Commission Council Member Garza made a motion to appoint Frank Hastings, seconded by Council Member Rosas and passed unanimously. Reinvestment Zone No.2 Board Council Member Garza made a motion to appoint Michael T. Hunter,seconded by Council Member Magill and passed unanimously. J. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 4 - 16) Mayor Martinez referred to the Consent Agenda. A citizen and a council member requested that Item 15 be pulled for individual consideration. 15. Second Reading Ordinance -Appropriating State Hotel Occupancy Tax revenues and establishing fiscal policy for the fund (1st Reading 3/29/16) Ordinance appropriating $2.9 million in estimated revenues from the State hotel tax revenue in the No. 1032 State Hotel Occupancy Tax Fund to be used for beach and bayfront maintenance, and safety and protection activities; amending the FY 2015-16 Operating Budget adopted by Ordinance No. 030620 by increasing expenditures by $2,900,000. Mayor Martinez referred to Item 15, appropriation of the State Hotel Occupancy Tax revenues. Carrie Robertson Meyer,4401 Gulfbreeze Boulevard,spoke in support of the$200,000 budget for North Beach Maintenance and asked that the City consider the following suggestions: replacement of the educational signs at Dolphin Park, removal of the dilapidated shade structures on the beach; refurbishment of the bath houses at Surfside Park and Dolphin Park, and working to address the flooded beach parking lots. Ms. Meyer addressed the need for a Park Enforcement Officer at North Beach, equipped with either an ATV or mountain bike, to patrol the beach. Interim Director of Parks and Recreation Stacie Talbert Anaya addressed the following council member questions: plans for North Beach Maintenance;the addition of a Park Enforcement Officer for beach patrol; oversee maintenance on North Beach; and the type of vehicle that beach patrol will use on the beach. Council McIntyre made a motion to approve the ordinance,seconded by Council Member Scott. This Ordinance was passed on second reading and Corpus Christi Page 3 Printed on 4/15/2016 City Council Meeting Minutes April 12,2016 approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: 030806 Approval of the Consent Agenda A motion was made by Council Member Scott,seconded by Council Member Garza, to approve the Consent Agenda. The motion carried by one vote as follows: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 4. Resolution granting City supported event status to the 2016 Beach to Bay Relay Marathon Resolution granting City supported event status in accordance with City Code of Ordinances Section 53-206 to the 2016 Beach to Bay Relay Marathon. This Resolution was passed on the Consent Agenda. Enactment No: 030797 5. Purchase of six Wavetronix Radar Detection Systems for vehicle detection in signalized traffic intersections Motion approving the purchase of six Wavetronix Radar Detection Systems from Twincrest, Inc. doing business as Twincrest Technologies, Mansfield, Texas in accordance with the State of Texas Cooperative Purchasing Program for the amount of $113,380.00. The Street Department and Police Department have set aside funds in FY 2015-16 for this procurement. This Motion was passed on the Consent Agenda. Enactment No: M2016-032 6. Engineering Construction Contract for new traffic signal located at the intersection of Ocean Drive and Robert Drive under the Signal Improvements and Street Lighting Bond 2012 project Motion authorizing the City Manager, or designee, to execute a Corpus Christi Page 4 Printed on 4/15/2016 City Council Meeting Minutes April 12,2016 construction contract with Siemens Industry, Inc. of Corpus Christi, Texas in the amount of$207,007.95 for the Signal Improvements and Street Lighting project at Ocean Drive and Robert Drive for the Base Bid. BOND 2012 This Motion was passed on the Consent Agenda. Enactment No: M2016-033 7. Resolution approving the Mary Rhodes Phase II Pipeline Operations and Maintenance Agreement Resolution authorizing the City Manager or designee to execute an Operations and Maintenance Agreement with Lavaca-Navidad River Authority (LNRA) to maintain the Mary Rhodes Phase II easements, as well as, operate and maintain the pipeline and related facilities for a total initial operating budget of$345,000 dollars. This Resolution was passed on the Consent Agenda. Enactment No: 030798 8. Resolution approving two interlocal agreements under the Environmental Quality Air Quality Planning grant Resolution authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with University of North Texas and with Texas A& M University Corpus Christi for air quality research and planning program for Nueces and San Patricio County area in the amount of$191,685.63 each. This Resolution was passed on the Consent Agenda. Enactment No: 030799 9. Second Reading Ordinance - Rezoning property located at 14601 Northwest Boulevard (1st Reading 3/29/16) Case No. 0216-01 IHS Consultants, LP: A change of zoning from the "FR" Farm Rural District to the "CG-2" General Commercial District. The property is described as being 6.709 acres out of the East 1/2 of the East 'h of Lot 3, Block 2, Nueces River Irrigation Park, located near the southwest corner of Northwest Boulevard (FM 624) and River Hill Drive. Planning Commission and Staff Recommendation (February 24, 2016): Approval of the change of zoning from the "FR" Farm Rural District to the "CG-2" General Commercial District. Ordinance: Corpus Christi Page 5 Printed on 4/15/2016 City Council Meeting Minutes April 12,2016 Ordinance amending the Unified Development Code ("UDC'), upon application by IHS Consultants, LP ("Owner"), by changing the UDC Zoning Map in reference to a 6.709-acre tract of land out of the East 1/2 of the East 'h of Lot 3, Block 2, Nueces River Irrigation Park, from the "FR" Farm Rural District to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030800 10. Second Reading Ordinance -Accepting and appropriating grant funds for Internet Crimes Against Children (ICAC) Task Force program within the Police Department(1st Reading 3/29/16) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Office of the Attorney General for the Internet Crimes Against Children (ICAC) Task Force program, in the amount of$5,200 to purchase equipment, supplies, and training travel for the ICAC program within the Police Department; and appropriating the $5,200 in the No. 1061 Police Grants Fund. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030801 11. Second Reading Ordinance -Accepting and appropriating a grant for the ASPCA (American Society for the Prevention of Cruelty to Animals) and Subaru "Share the Love" Rescue Ride project (1 st Reading 3/29/16) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the American Society for the Prevention of Cruelty to Animals (ASPCA), in the amount of$ 9,000 for the ASPCA and Subaru "Share the Love" Rescue Ride project; and appropriating the $9,000 in the No. 1061 Police Grants Fund. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030802 12. Second Reading Ordinance -Accepting and appropriating State funds for training and purchase of training equipment at the Police Department (1st Reading 3/29/16) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an annual allocation payment from the State of Texas - Law Enforcement Officer Standards and Education Account in the amount of$27,494.93; and appropriating funds from Corpus Christi Page 6 Printed on 4/15/2016 City Council Meeting Minutes April 12,2016 the State of Texas - Law Enforcement Officer Standards and Education Account in the amount of$27,494.93 in the No. 1061 Police Grants Fund for training of police personnel and purchase of training equipment. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030803 13. Second Reading Ordinance -Appropriating funds for "one-time" expenditures from Crime Control District for the Police Department(1st Reading 3/29/16) Ordinance appropriating $492,678 from the Unreserved Fund Balance in the No. 9010 Crime Control District Fund for"one-time" expenditures and amending the FY2015-16 Operating Budget adopted by Ordinance No. 030620 by increasing expenditures by $492,678. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030804 14. Second Reading Ordinance -Accepting and appropriating Local funds for Emergency Planning (1 st Reading 3/29/16) Ordinance authorizing the City Manager or designee to accept and appropriate a contribution from the Industry Education Awareness Communication Committee in the amount of$27,011.14 into the LEPC Fund No. 6060 to purchase resources to communicate and educate Shelter-In-Place;and changing the FY 2015-16 Operating Budget adopted by Ordinance No. 030620 by increasing expenditures in the LEPC No. 6060 by $27,011.14. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030805 16. Second Reading Ordinance -Authorizing the City Manager or his designee to execute a License for Street Right of Way Use to construct a parking lot expansion project(1st Reading 3/29/16) Ordinance authorizing the City Manager or his designee to execute a License for Street Right of Way Use with the B-Y 4918 Ayers, LTD. ("Licensee") to construct a parking lot expansion project to better serve the needs of Ayers Plaza Shopping Center tenants in full compliance with the City of Corpus Christi and with the approval of the Texas Department of Transportation, subject to the Licensee' compliance with specified conditions. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030807 Corpus Christi Page 7 Printed on 4/15/2016 City Council Meeting Minutes April 12,2016 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. Mayor Martinez called for comments from the public.Jack Gordy, 4118 Bray, spoke regarding the palm trees on Airline Road and the City Council's ability to place this item on the agenda to prevent a lawsuit. Gary Adams, 1929 Sandy Way,thanked Council Member McIntyre and Interim Director of Street Operations Andy Leal for their assistance with the street improvements on Sandy Way Street. Mark Di Carlo, 5821 St.Andrews, spoke regarding Agenda Item 28 the sale of parkland, and referring to Ridgewood Park, asked whether deed restrictions can include restricting the property from being anything other than single-family zoning. Michael Kennedy,202 Reef Avenue,spoke in support of Agenda Item 30,the"Light Up CC" project for North Beach. Carrie Robertson Meyer,4401 Gulf Breeze Boulevard, spoke in support of Agenda Item 30,the "Light Up CC" project for North Beach and provided information on the City Engineering Department's Open House meeting at the Radisson on North Beach to discuss the Bond 2012 North Beach Improvements. Susie Luna Saldana,4710 Hakel,spoke regarding the transportation network companies ordinance and thanked council members who continued to support the ordinance as approved. Ms. Saldana asked the Council to consider citizens' safety and what is best for the City. Brad Smith, 5221 Wentworth, spoke regarding Agenda Item 28,the sale of parkland, and provided information on the utilization of Ridgewood Park. Darlene Gregory, 3237 Bimini,spoke in support of Agenda Item 30,the"Light Up CC" project. Kristie Veit, 5933 Julia Circle, spoke regarding the transportation network company ordinance and protecting the public by providing an in-depth safety process. Richard Rock, 1635 S.Water Street, Rockport, Texas, spoke regarding the transportation network company ordinance and in support of fingerprinting background checks. Richard Troop, Governmental Affairs Director of the Corpus Christi Association of Realtors, provided a housing statistics report as of March 2016. Richard Serna, 5329 Fulwell, spoke regarding Item 30,the sale of city parklands. Mr. Serna stated that he made an offer to purchase Ridgewood Park and intends to rezone a portion of the property to single-family to build townhouses and the portion fronting Holly Road to a professional office district. Ralph Pitzer, 6414 Coral Gables,spoke regarding an appeal of the Building Standards Board's decision to demolish the Gordon Street Apartments. Linda Gibeaut,410 Southern Street,spoke regarding the components needed to make Corpus Christi a"No-Kill"city. Adolfo Garcia, 5338 Bonham,spoke regarding the transportation network company ordinance and asked for consideration for voluntary fingerprinting. Henry Williams,2422 Sumner,spoke regarding Agenda Item 28, sale of city parklands, and the use of park proceeds to be invested into two cemeteries in the Hillcrest area.Yaneth Morales, 509 Sam Rankin Street,spoke regarding the process for closing an alley near her home to prevent public urination/defication in that area and provide neighborhood safety. Corpus Christi Page 8 Printed on 4/15/2016 City Council Meeting Minutes April 12,2016 M. PUBLIC HEARINGS: (ITEM 20) 20. Public Hearing and First Reading Ordinance - Rezoning property located at 2918, 2922, 2926 and 2930 Highland Avenue Case No. 0216-02 Julio C. and Minerva E. Reyna and Jose Luis Rodriguez and Maria Juliana Luna: A change of zoning from the "CN-1" Neighborhood Commercial District to the "RS-6" Single-Family 6 District. The property is described as being Lot Nos. 23-B, 24-B, 25-B and 25, Block 6, Montrose Park, located near the northeast corner of Highland Avenue and Duncan Street. Planning Commission and Staff Recommendation (March 9, 2016): Approval of the change of zoning from the "CN-1" Neighborhood Commercial District to the "RS-6" Single-Family 6 District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Julio C. and Minerva E. Reyna and Jose Luis Rodriguez and Maria Juliana Luna ("Owners"), by changing the UDC Zoning Map in reference to Lot Nos. 23-B, 24-B, 25-B and 25, Block 6, Montrose Park, from the "CN-1" Neighborhood Commercial District to the "RS-6" Single-Family 6 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez deviated from the agenda and referred to Item 20. Assistant Director of Development Services Julio Dimas stated that the purpose of this item is to rezone the subject property to allow the building of existing residential use and to bring the current property to conformity. Mr. Dimas stated that the Planning Commission and staff are in favor of the zoning change. Mayor Martinez opened the public hearing. There were no comments from the public. Mayor Martinez closed the public hearing. In response to a council member, Mr. Dimas explained that current residents in the CN-1 District will not have to go through the rezoning process unless there is new construction or an increase in size. A zoning change would not be required for a remodel. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Magill. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 Corpus Christi Page 9 Printed on 4/15/2016 City Council Meeting Minutes April 12,2016 N. REGULAR AGENDA: (ITEMS 21 -25) 21. Second Reading Ordinance - Second Amendment to Lease for Atlantic Aviation to extend term for fifteen years (Requires 28 Day Delay) (1st Reading 3/8/16) 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. Mayor Martinez referred to item 21. Director of Aviation Fred Segundo stated that the purpose of this item is to execute a second amendment to the original five-year lease agreement with Atlantic Aviation in exchange for$3,300,000 in capital improvements. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on second reading and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: 030809 22. Construction Contract for Collier Pool Renovations (Bond 2012) Rebid - Part A (Pool) Motion authorizing the City Manager, or designee, to execute a construction contract with Atlantis Aquatic Group. of Austin, Texas in the amount of$1,782,412 for the Collier Pool Renovations Rebid - Part A (Pool) for replacement of the existing swimming pool and pump house. (Bond 2012 Proposition 4 - Aquatic Facilities) Mayor Martinez referred to Item 22. City Secretary Huerta stated that Council Member Hunter was abstaining from this item. City Manager Olson withdrew this item. 23. Second Reading Ordinance -Amending City Code to allow two-way traffic on Third Street between Elizabeth Street and Morgan Avenue for the expansion of Spohn Hospital (1 st Reading 3/29/16) Corpus Christi Page 10 Printed on 4/15/2016 City Council Meeting Minutes April 12,2016 Ordinance amending the Code of Ordinances, Chapter 53, Section 53-250 Schedule I - One Way Streets and Alleys by changing the portion of Third Street between Elizabeth Street and Morgan Avenue from a one-way traffic pattern to a two-way traffic pattern. Mayor Martinez referred to item 23. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to amend the Code of Ordinances to remove a portion of the one-way designation along Third Street. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Magill. This Ordinance was passed on second reading and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: 030810 24. Second Reading Ordinance -Advance Funding Agreement and Construction Contract for Packery Pointe Intersection Improvements Park Road 22 at Aquarius (Bond 2014) (1st Reading 3/29/16) Ordinance authorizing the City Manager, or designee, to execute an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TXDOT) with a required payment to TXDOT in the amount of$8,700; and to execute a construction contract with D & G Energy Corporation of McAllen, Texas in the amount of$773,738.75 for the Packery Pointe Intersection Improvements Park Road 22 at Aquarius Re-Bid #2 for Total Bid Part A and Part B for installation of a new signal and roadway improvements. (Bond 2014) Mayor Martinez referred to item 24. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to execute an Advanced Funding Agreement with the Texas Department of Transportation and execute a construction contract for the Packery Pointe Intersection Improvements Park Road 22 at Aquarius. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the ordinance,seconded by Council Member Scott. This Ordinance was passed on second reading and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: 030811 Corpus Christi Page 11 Printed on 4/15/2016 City Council Meeting Minutes April 12,2016 25. Second Reading Ordinance -Authorizing the Issuance of Certificates of Obligation to fund Bond 2012 Projects (1st Reading 3/29/16) Ordinance authorizing the issuance of"City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Taxable Series 2016A" in an amount not to exceed $18,140,037 for the purpose of financing costs associated with making permanent public improvements within the City; providing for the payment of said Certificates by the levy of an ad valorem tax upon all taxable property within the City and further securing said Certificates by a lien on and pledge of the pledged revenues of the Solid Waste System; providing the terms and conditions of said Certificates and resolving other matters incident and relating to the issuance, payment, security, sale, and delivery of said Certificates, including the approval and distribution of an Official Statement pertaining thereto; authorizing the execution of a paying agent/registrar agreement and a purchase contract; complying with the requirements of the letter of representations on file with the depository trust company; delegating the authority to certain members of the City staff to execute certain documents relating to the sale of the Certificates; enacting other provisions incident and related to the subject and purpose of this ordinance; and providing an effective date. Mayor Martinez referred to Item 25. Director of Financial Services Constance Sanchez stated that the purpose of this item is to authorize the issuance of $18,140,037 of certificates of obligation for the purpose of paying contractual obligations necessary to complete the street projects from Proposition 1 in Bond 2012. Mayor Martinez called for comments from the public.Abel Alonzo, 1701 Thames,spoke to inform the community of City staff's efforts to run the City in the most effective and efficient matter for the best interest of the taxpayers. Council Member Scott made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on second reading and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: 030812 L. EXECUTIVE SESSION: (ITEMS 17 - 19) Mayor Martinez referred to the day's executive sessions. The Council went into executive session. Corpus Christi Page 12 Printed on 4/15/2016 City Council Meeting Minutes April 12,2016 17. 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. Mayor Martinez referred to Item 17 and the following resolution was considered: Resolution affirming the City's Last Best and Final Officer in the 2015 Collective Bargaining Negotiation process between the City of Corpus Christi and the Corpus Christi Professional Firefighters'Association -Local Union 936. Council Member Scott made a motion to approve the resolution,seconded by Council Member McIntyre. Council Members Rubio and Magill stated they were supporting the resolution because of the letter received by the Fire Union's attorney dated March 31, 2016. This Resolution was passed and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: 030808 18. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to proposed desalination and wastewater reuse projects and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to entities that the City seeks to have locate, stay or expand in or near the City of Corpus Christi (including, but not limited to, Valero Energy and other industrial and commercial entities that could consume treated wastewater and desalinated water) and with which the City is conducting economic development negotiations and to deliberate possible offers of incentives to said business prospect(s). This E-Session Item was discussed in executive session. 19. Executive Session pursuant to Texas Government Code § 551.072 to deliberate the purchase, exchange, lease, or value of real property and matters related to the acquisition of property in the vicinity of Holly Road. This E-Session Item was discussed in executive session. P. FUTURE AGENDA ITEMS: (ITEMS 33 -43) Mayor Martinez deviated from the agenda and referred to the Future Agenda Items. City Manager Olson stated that staff did not have any planned Corpus Christi Page 13 Printed on 4/15/2016 City Council Meeting Minutes April 12,2016 presentations. Council members discussed Item 42. 42. Awarding the purchase of property insurance through Carlisle Insurance Agency, Broker of Record Motion awarding the purchase of property insurance and, authorizing the City Manager to execute all documents necessary to purchase All Risk, Flood, Named Storm, Wind/Hail, Earthquake, and Equipment Breakdown through Carlisle Insurance Agency, Broker of Record for property insurance, in exchange for premium totaling $2,001,750 from May 5, 2016 to May 5, 2017 of which $811,669 is required for the remainder of FY 2015-2016. City Secretary Huerta announced that Council Member Hunter recused himself from the discussion on this item. MOTION OF DIRECTION Council Member Magill made a motion directing the City Manager to appropriate net savings from this item to Residential Streets Reconstruction Fund line 1042 in the Streets Special Revenue Fund,seconded by Council Member Vaughn, and passed unanimously(Council Member Rosas -absent; Council Member Hunter- recused). O. FIRST READING ORDINANCES: (ITEMS 26 -32) 26. First reading Ordinance -Appropriating funds from utility customer donations for the Arts & Cultural Commission (ACC) Ordinance appropriating $4,290.08 in City utility customer donations in General Fund No. 1020 for use by programs coordinated through the City Arts and Cultural Commission and amending the FY2016 Operating Budget adopted by Ordinance No. 030620 to increase expenditures by $4,290.08. Mayor Martinez referred to Item 26. Interim Director of Parks and Recreation Stacie Talbert Anaya stated that the purpose of this item is to appropriate $4,290.08 in City utility customer donations to be used by programs coordinated through the City Arts and Cultural Alliance. There were no comments from the public. Council members spoke regarding the following topics:the total amount of funding received from utility customers; how long the program has been in place;the total amount of donations; and the location, on the utility bill,where customers have an opportunity to include their donation. Council Member McIntyre made a motion to approve the ordinance,seconded by Council Member Magill. This Ordinance was passed on first reading and approved with the following vote: Corpus Christi Page 14 Printed on 4/15/2016 City Council Meeting Minutes April 12,2016 Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 27. First Reading Ordinance -Approving Annual Ordinance for Select Parks and Recreation Grants Ordinance authorizing the City Manager or designee to execute documents to apply for and accept grants from the Area Agency on Aging of the Coastal Bend for the Elderly Nutrition Program, Corporation for National and Community Service for the RSVP (Retired and Senior Volunteer Program) and the Senior Companion Program, and grants from the Texas Department of Agriculture for the Summer Food Service Program, Afterschool Snack Program, and Texan's Feeding Texans program and upon receipt, to appropriate funds in the No. 1067 Park Grants Fund for said city programs. Mayor Martinez referred to Item 27. Interim Director of Parks and Recreation Stacie Talbert Anaya stated that the purpose of this item is to authorize the City Manager to execute documents to apply for and accept grants for Senior Community Services Programs and Summer Grant Programs. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Rosas. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 28. First Reading Ordinance -Approving the sale of park properties Ordinance approving the sale of properties as follows and authorizing the City Manager to execute documents necessary to complete each real estate sales transaction: a) Acushnet Park (6746 Aaron) to MVR Construction Company and/or assigns in amount of$655,000; b) Cabra Park (1323 W. Broadway) to Darla-1, Ltd. and/or assigns in amount of$24,000; c) Durant Park (6113 Durant) to MVR Construction Company and/or assigns in amount of$130,000; d) Parklane Park (4600 Arlene) to Albert Ayala and/or assigns Roberto Cardenas and/or assigns in amount of$121,000; e) Peary Park (1750 Paul Jones Rd) to 4625 No. 3, Ltd., a Texas limited partnership and/or assigns in amount of$36,000; Corpus Christi Page 15 Printed on 4/15/2016 City Council Meeting Minutes April 12,2016 f) Ridgewood Park (5730 Malden) to Richard O. Serna and/or assigns and John Tamez and/or assigns in amount of$400,003; and g) Willow Park (11418 Willowood) to Martin and Gaby Sada and/or assigns in amount of$50,000. Mayor Martinez referred to Item 28. City Secretary Huerta announced that Council Member Magill was abstaining from the discussion and vote on this item. Interim Director of Parks and Recreation Stacie Talbert Anaya stated that the purpose of this item is to approve the sale of the following park land: Acushnet Park, 6746 Aaron; Cabra Park, 1323 W. Broadway; Durant Park, 6113 Durant; Parklane Park,4600 Arlene; Peary Park, 1750 Paul Jones Road; Ridgewood Park, 5730 Malden; and Willow Park, 11418 Willowood. In November 2014, voters approved the sale of the listed parks. The properties were listed for sale in January 2016 and the Parks and Recreation Department notified adjacent neighbors. Mayor Martinez called for comments from the public. The following individuals requested reconsideration on the decision to sell Ridgewood Park: Ed Sample, 5321 Crestwick; Cleon Hart, 7034 Powderhorn Ct; Richard Guion, 5709 Malden; Nancy Sibley, 726 Harrison, on behalf of her daughter, Delaine Bacon, 5317 Wentworth. Ms. Sibley presented a petition by residents in opposition to the sale of Ridgewood Park. Abel Alonzo, 1701 Thames, said that if the residents near Ridgewood Park are willing to commit to the maintenance of the park, he would support their proposal. Mr.Alonzo stated that if the residents are not willing, he urged the Council to support staff's recommendation. Council members spoke regarding the following topics: notification to residents on the sale of the parks; the extensive process in 2012 to identify the parks to be repurposed and/or adopted;the utilization of Ridgewood Park; the neighborhood's willingness to maintain the parks;the criteria used to identify the parks;flooding issues at St.Andrews Park; the volume of users at St. Andrews Park and Gardendale Park in comparison to Ridgewood Park; legal parameters should the Council reconsider the sale of Ridgewood Park; and the ballot language from the November 2014 election. Mayor Martinez delayed action on this item to allow Senior Assistant City Attorney Lisa Aguilar to review the ballot language from the 2014 November election. 29. First Reading Ordinance -Amending the Urban Transportation Plan deleting the extension of First National Boulevard between Compton Road and Graham Road Ordinance amending the Urban Transportation Plan Map, of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, by deletion of the extension of First National Boulevard; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. Mayor Martinez referred to Item 29.Assistant Director of Development Services Julio Dimas stated that the purpose of this item is to amend the City's Urban Transportation Plan. Gulf Coast Marine has requested the deletion of the Corpus Christi Page 16 Printed on 4/15/2016 City Council Meeting Minutes April 12,2016 extension of First National Boulevard, between Compton Road and Graham Road. First National Boulevard is designated as a proposed C1 Minor Residential Collector. Gulf Coast Marine has done a traffic impact analysis that shows no adverse traffic impact. Mr. Dimas stated that staff recommends approval of the deletion of First National Boulevard. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member Hunter Abstained: 0 30. First Reading Ordinance -Appropriating funds and approving the four agreements with American Electric Power(AEP) for the Installation of LED Street Lights on North Beach at City Parks along the Beach Walk Ordinance appropriating $99,557 from unreserved fund balance in the No. 1040 Parking Improvement Fund; authorizing the City Manager, or designee, to approve Contribution-In-Aid-Of-Construction Agreements with American Electric Power (AEP) for a total of$149,958.41, for the installation of the LED lighting improvements on North Beach at City parks along the Beach Walk; and amending the FY 2015-2016 Operating Budget adopted by Ordinance 030620 by increasing expenditures by $99,557. Mayor Martinez referred to Item 30. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to appropriate $99,557 from the unreserved fund balance in the Parking Improvement Fund and approve Contribution-In-Aid-Of-Construction Agreements with American Electric Power (AEP)for the installation of the LED lighting improvements on North Beach at City Parks along the Beach Walk. This project is part of the"Light Up CC" program, using funds from City parking meters and administered by the City's Parking Advisory Committee, to improve lighting in areas to increase public safety. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the ordinance,seconded by Council Member Magill. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 28. First Reading Ordinance -Approving the sale of park properties Corpus Christi Page 17 Printed on 4/15/2016 City Council Meeting Minutes April 12,2016 Ordinance approving the sale of properties as follows and authorizing the City Manager to execute documents necessary to complete each real estate sales transaction: a) Acushnet Park (6746 Aaron) to MVR Construction Company and/or assigns in amount of$655,000; b) Cabra Park (1323 W. Broadway) to Darla-1, Ltd. and/or assigns in amount of$24,000; c) Durant Park (6113 Durant) to MVR Construction Company and/or assigns in amount of$130,000; d) Parklane Park (4600 Arlene) to Albert Ayala and/or assigns Roberto Cardenas and/or assigns in amount of$121,000; e) Peary Park (1750 Paul Jones Rd) to 4625 No. 3, Ltd., a Texas limited partnership and/or assigns in amount of$36,000; f) Ridgewood Park (5730 Malden) to Richard O. Serna and/or assigns and John Tamez and/or assigns in amount of$400,003; and g) Willow Park (11418 Willowood) to Martin and Gaby Sada and/or assigns in amount of$50,000. Mayor Martinez returned to Item 28, approval of the sale of park properties. Senior Assistant City Attorney Lisa Aguilar stated that the ballot language gives authority to the City Council regarding the parkland. Council Member Rosas made a motion to approve the ordinance, seconded by Council Member McIntyre. City Secretary Huerta stated that a council member requested to remove Ridgewood Park and vote on it separately. Council Member Vaughn made a motion to amend the ordinance to remove Ridgewood Park,seconded by Council member Hunter.A brief discussion ensued regarding the neighbors'interest in adopting and maintaining Ridgewood Park. The Council agreed to approve the proposed ordinance on first reading to allow the neighbors an opportunity to adopt Ridgewood Park. Mayor Martinez allowed for additional public comment. Don Rearick,4905 Arlene Drive, requested the opportunity to receive information on the criteria to adopt Parklane Park. Council Member Vaughn rescinded her motion to amend and Council Member Hunter rescinded his second. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 1 - Council Member Magill 31. First Reading Ordinance - Amending ordinance to Prohibit parking on Leopard Street from Rose Street to Pierpont Street in front of Fire Station No. 5 Corpus Christi Page 18 Printed on 4/15/2016 City Council Meeting Minutes April 12,2016 Ordinance amending the Code of Ordinances, Chapter 53, Section 53-252 Schedule III - Parking prohibited at all times on certain streets by adding Leopard Street, south side, from Rose Street to Pierpont Street. Mayor Martinez referred to Item 31. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to amend the Code of Ordinances to prohibit parking at all times along the south side of Leopard Street(3100 block)from Rose Street to Pierpont Street. This request was made by the Fire Department to allow safe transit of emergency vehicles exiting and entering Fire Station No. 5. The Transportation Advisory Commission recommended approval at their October 2015 meeting. There were no comments from the public. A council member requested that staff provide information on whether changes need to be made to the the"No Parking Zone"located at the old Fire Station No. 5 and, if changes are required, the reasons for maintaining/keeping that station. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Magill. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio and Council Member Scott Absent: 2- Council Member Rosas and Council Member Vaughn Abstained: 0 32. First Reading Ordinance - Authorizing the issuance of General Improvement Refunding Bonds Ordinance authorizing the issuance of one or more series of"City of Corpus Christi, Texas General Improvement Refunding Bonds", as further designated by series, in an aggregate principal amount not to exceed $23,610,000, levying a continuing direct annual ad valorem tax, within the limitations prescribed by law, for the payment of the bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the bonds; including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent/registrar agreement, a purchase contract, and an escrow agreement; complying with the letter of representations on file with the depository trust company; delegating the authority to certain members of the City staff to execute certain documents relating to the sale of the bonds; and providing an effective date. Mayor Martinez referred to Item 32. Director of Financial Services Constance Sanchez stated that Items 32 and 33 are related to a refunding opportunity for six outstanding series of bonds in an amount up to$23,610,000. If all eligible outstanding bonds are refunded at today's interest rate, a total net value Corpus Christi Page 19 Printed on 4/15/2016 City Council Meeting Minutes April 12,2016 savings of approximately$1,744,000 will be realized. The actual amount to be refunded, however,would be determined at the time of pricing. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Magill. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas and Council Member Scott Absent: 1 - Council Member Vaughn Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 33 -43) Mayor Martinez returned to Future Agenda Items.A council member requested information on Item 36. 33. Appointment of Financial Advisor for Issuance of General Improvement Refunding Bonds Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for one or more series of"City of Corpus Christi, Texas General Improvement Refunding Bonds" in an aggregate principal amount not to exceed $23,610,000. This Motion was recommended to the regular agenda. 34. Appointing Council Member Michael T. Hunter to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation Motion appointing City Council Member Michael T. Hunter as board member to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation. This Motion was recommended to the consent agenda. 35. Appointing Council Member Michael T. Hunter to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation Motion appointing Council Member Michael T. Hunter as a Board Member to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. This Motion was recommended to the consent agenda. Corpus Christi Page 20 Printed on 4/15/2016 City Council Meeting Minutes April 12,2016 36. Engineering Design Contract for the equipment in the Traffic Management Center under the Signal Improvement and Street Lighting (Bond 2012) Proposition 1 project Motion authorizing the City Manager, or designee, to execute a contract for professional services with Maldonado-Burkett Intelligent Transportation Systems, LLP (MBITS) of Corpus Christi, Texas in the amount of$697,785.18 to complete the design and implementation of the Traffic Signal Management Equipment in the new Traffic Management Center (TMC) (Bond 2012 Proposition 1 Signal Improvements & Street Lighting project) This Motion was recommended to the consent agenda. 37. Engineering Design Contract Amendment No 4 for O.N. Stevens Raw Water Influent Improvements Motion authorizing the City Manager, or designee, to proceed with design, bid and construction phase services by executing Amendment No. 4 with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of$650,729 for a total restated fee not to exceed $2,639,549 for O.N. Stevens Raw Water Influent Improvements. This Motion was recommended to the consent agenda. 38. Engineering Design Contract for O.N. Stevens Facilities Feed Optimization Improvements Motion authorizing the City Manager, or designee, to execute an Engineering Design contract with LNV, Inc. of Corpus Christi, Texas in the amount of$1,091,812 for O.N. Stevens Facilities Feed Optimization Improvements for design, bid and construction phase services. This Motion was recommended to the consent agenda. 39. Construction Contract and Construction Materials Testing Agreement for the Elevated Water Storage Tanks (Alternative Capacity Requirement Implementation, Phase 2) Motion authorizing the City Manager or designee to execute a construction contract with CB&I, Inc. of The Woodlands, Texas in the amount of$9,245,050 for the Elevated Water Storage Tanks (Alternative Capacity Requirement Implementation, Phase 2) for the Base Bid plus Additive Alternates No. 2 and 4 and to execute a construction materials testing agreement with Rock Engineering and Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $63,400 for the Elevated Water Storage Tanks. This Motion was recommended to the consent agenda. Corpus Christi Page 21 Printed on 4/15/2016 City Council Meeting Minutes April 12,2016 40. Authorizing a construction contract for Citywide Collection System Pipebursting Indefinite Delivery/Indefinite Quantity (IDIQ) Part B with 4 optional one year extensions to be administratively approved Motion authorizing the City Manager or designee to execute a multi-year construction IDIQ contract with PM Construction & Rehab, LLC of Pasadena, Texas in the amount of$1,875,000 for the Citywide Collection System Pipebursting Project. Contract renewals for four (4) optional future years will be administratively approved. This Motion was recommended to the consent agenda. 41. Resolution authorizing the City Manager or designee to negotiate and execute a service agreement with Concentra Health Services, Inc., to provide management and operation of the City's employer-sponsored Wellness Clinic for a two-year term, with up to three one-year extensions. This Resolution was recommended to the consent agenda. 43. Resolution approving Second Amended Interlocal Cooperation Agreement for Tax Increment Reinvestment Zone Three Resolution authorizing the City Manager to execute a Second Amended Interlocal Cooperation Agreement with Del Mar College District, relating to the participation of the City and Del Mar College District in Reinvestment Zone Three, City of Corpus Christi Texas This Resolution was recommended to the consent agenda. Q. FUTURE CORPORATION MEETING: (ITEM 44) 44. Annual Board Meeting of the Corpus Christi Housing Finance Corporation This Corporation Meeting was recommended to be held. R. BRIEFINGS: (ITEM 45 -46) Mayor Martinez called for a 10-minute recess to 5:40 p.m. 45. Parks and Recreation Master Plan and Community Enrichment Funds Mayor Martinez referred to Item 45. Interim Director of Parks and Recreation Stacie Talbert Anaya stated that the purpose of this item is to provide an overview of the Parks and Recreation Master Plan and Community Enrichment Funds. Ms. Anaya provided the following information: a profile of the park system; background on the master plan, including:the goals of the park Corpus Christi Page 22 Printed on 4/15/2016 City Council Meeting Minutes April 12,2016 system,establishment of seven (7) park planning areas, categorization and development standards for parks, maintenance strategies, and establishment of priorities;the establishment of the community enrichment fund to hold donations, public open space fees, and proceeds from sales; and the community enrichment funds' past expenditures, current fund balance, and planned expenditures. Council members spoke regarding the following topics: a framework for Unified Development Code(UDC)amendments in the next five-year period; a policy for the Community Enrichment Funds; discussions to incorporate land use and areas for infill redevelopment in terms of Community Enrichment Funds; more citizen involvement through the Park and Recreation Advisory Committee; a discussion on the creation of revenue generating opportunities for neighborhood parks;the gymnasiums and ballfields located on Greenwood Street; rental of soccer fields at Salinas Park;the process for removing playground equipment; more notification to citizens prior to changes being made to parks;the requirement that all parks, including niche/pocket parks, must be ADA-compliant; revenue generating activities at the Oso Bay Reserve and regional parks; and the process to transition the Park and Recreation Advisory Committee to a Commission. 46. Discovery - Transportation Network Company Ordinance Reconsideration Mayor Martinez referred to item 46. City Manager Olson stated that at the March 29,2016 Council Meeting,the City Council directed the City Manager to move forward with a 3D(Discover, Discuss &Decide) process on the transportation network companies (TNC). The purpose of this item is to begin discussions on information regarding transportation network companies. Direction was also given to the City Manager to return by the end of May with an ordinance. Next week,staff will present a briefing on the Vehicle-for-Hire/Taxi Regulations. Interim Assistant City Manager Jay Ellington stated that at the March 8,2016 council meeting, an ordinance was passed which defined regulations for transportation network companies to operate in Corpus Christi. Upon consultation, direction was given to not publish that ordinance; as a result the ordinance has not yet become effective.At the March 29,2016 Council Meeting,the City Council voted to reconsider the ordinance, directing the City Manager to bring back the ordinance,without the inclusion of the biometric fingerprint background checks, along with the City's current vehicle-for-hire ordinance within 30 to 60 days.Assistant City Manager Ellington provided the following information: a timeline for the 3D process; the discovery timeline; and an overview covering the TNC discovery spreadsheet of 16 Texas cities, including Corpus Christi. Council members spoke regarding the following topics: requesting that staff provide details on the cities of Bryan and Fort Worth's taxi ordinance;the requirements for vehicle inspection; details on the requirements for city audits; the City of San Antonio suspending the finger print check pending a 9-month agreement; the reason the Corpus Christi ordinance did not suspend fingerprinting pending an agreement;the difference between fingerprint background checks and nationwide background checks for drivers;the findings from the City of Amarillo; inclusion of the City of Austin's ballot language; audit information, including trip records and driving records for a Corpus Christi Page 23 Printed on 4/15/2016 City Council Meeting Minutes April 12,2016 period of 12 months after a driver severs their relationship with a TNC; clarification on permitting fees; and that the City Charter sets out that any ordinance repealed by referendum, cannot be reinstituted by the City Council for 4 years from the date of the election. S. ADJOURNMENT The meeting was adjourned at 6:40 p.m. Corpus Christi Page 24 Printed on 4/15/2016 City Of Corpus Christi BUILDING STANDARDS BOARD BOARD DETAILS lr� �N The Building Standards Board hears appeals I& SIZE 7 Seats under the Building Standards and Housing 107 TERM LENGTH 3 Years Code, which shall be construed to secure the OVERVIEW TERM LIM IT 6 Years 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. 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 own chairman. DETAILS CREATION 1 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 within 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 Building Standards Board Members April 19, 2016 One (1)vacancy with term to 3-3-19 representing the following category: 1 -Member At-Large. (Note: On March 9,2016 the City Council appointed Mark Flores to fill the Member At-Large vacancy. Mr. Flores declined the appointment due to a conflict with his employment.) Vacant BUILDING STANDARDS BOARD 03/03/19 Member At-Large Joel E. De La Garza BUILDING STANDARDS BOARD Active District 4 1 03/03/17 Lawyer Member Dante C. Miller BUILDING STANDARDS BOARD Active District 5 1 03/03/19 Home Builder Member Matthew Ezell BUILDING STANDARDS BOARD Active District 2 1 03/03/17 General Contractor Chair Lee Hassman BUILDING STANDARDS BOARD Active District 5 1 03/03/17 Member At-Large Vice-Chair Tim Honea BUILDING STANDARDS BOARD Active District 5 1 03/03/18 Home Builder Member Craig Loving BUILDING STANDARDS BOARD Active District 2 1 03/03/18 Member At-Large Member Building Standards Board Applicants April 19,2016 :. . Work Address ® �® Gary K.Adams BUILDING STANDARDS BOARD District 4 Retired At-Large Denise Gallimore BUILDING STANDARDS BOARD District 4 Group One Real Estate At-Large 5302 EVERHART RD. CORPUS CHRISTI TX 361-991-9111 BIOGRAPHICAL INFORMATION FORM FORA 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 Which Boards would you like to apply for? BUILDING STANDARDS BOARD Street Address Suite orApt q= oft City State Postal Code District 4 What district do you live in? lmwmmn� Primary Phone Alternate Phone Retired Retired Architect Employer Job Title WorkAddress-StreetAddressand Suite Number WorkAddress-City WorkAddress-State WorkAddress-Zip Code Work Phone gkadamsl308@att.net 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) Past member of BOCA and ICC. Participated in creating some sections of building code and ADA standards. Registered Voter? 0 Yes 0 No Current resident of the city? Q Yes Q No 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 ® IAgree Consent for Release of Information ® IAgree ® 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? ® Architect Question applies to BUILDING STANDARDS BOARD. Are you a Homeowner in the City of Corpus Christi? 0 Yes 0 No BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Mar 02, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Denise Gallimore Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE, BUILDING STANDARDS BOARD, HOUSING AUTHORITY NUECES COUNTYTAX APPRAISAL DISTRICT Street Address Suite orApt oft City State Postal Code District 4 What district do you live in? lwwwwm� Primary Phone Alternate Phone PROPERTY MANAGER& GROUP ONE REAL ESTATE SALES AGENT Employer Job Title 5302 EVERHART RD. WorkAddress-StreetAddressand Suite Number CORPUS CHRISTI WorkAddress-City TX WorkAddress-State 78411 WorkAddress-Zip Code 361-991-9111 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) LICENSED TEXAS REALTOR MEMBER OF CORPUS CHRISTI ASSOCIATION OF REALTORS MEMBER OF NATIONAL ASSOCIATION OF RESIDENTIAL PROPERTY MANAGERS LICENSED MASSAGE THERAPIST Registered Voter? Q Yes 0 No Current resident of the city? Q Yes Q No If yes,how many years? Upload a Resume Please upload any additional supporting documents Demographics Asian or Pacific Islander Female Verification City Code Requirement ® IAgree Consent for Release of Information ® IAgree ® 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? * Yes 0 No City Of Corpus Christi LANDMARK COMMISSION BOARD DETAILS i& SIZE 11 Seats The Landmark Commission promotes the 107 TERM LENGTH 3 Years use of historical and cultural landmarks for the culture, prosperity, education, and OVERVIEW TERM LIM IT 6 Years general welfare of the people of the City and visitors to the City. COMPOSITION Eleven(11) members nominated by individual City Council Members and appointed F-i by a majority vote of the Council. Insofar as possible,the numerical composition shall correspond to the ethnic,gender,and economic distribution of the City according to the last Federal Census report.All members shall have knowledge and experience in either the architectural,archaeological,cultural,social, economic,ethnic or political history of Corpus Christi. Representation of the DETAILS following competencies shall be appointed as members to the commission:Two(2) historians,one(1) licensed real estate salesperson,(1) registered architect,one (1)structural or civil engineer,one(1) person knowledgeable in title search and/or property surveyor and five(5)other members. No one profession w ill constitute a majority of the membership.All terms for three years. CREATION 1 AUTHORITY Section 2-204,Code of Ordinances. Ord. No. 12315, 10-16-74;Ord. No. 19908,8- 11-87;Ord. No.030228,7-15-14. MEETS 4th Thursday of every month at 4:30 p.m.,City Hall,Council Chambers. TERM DETAILS Three-year terms. DEPARTMENT Development Services SUBCOMMITEE AGENDA(INFO Landmark Commissiom Members April 19, 2016 Four(4)vacancies with terms to 11-20-18 representing the following categories: 1-Historian,1-Licensed Real Estate Salesperson,1-Regular Member, and 1-Title Search and/or Property Surveyor. Laura Commons LANDMARK COMMISSION Met the six-year term limitation District 4 2 11/20/15 Real Estate Member Mark Robbins LANDMARK COMMISSION Met the six-year term limitation District 4 2 11/20/15 Historian Vice-Chair Albert Soto LANDMARK COMMISSION Resigned District 1 1 11/20/15 Regular Member Member Sean Thorson LANDMARK COMMISSION Resigned District 4 1 11/20/15 Title Search Member Jillian Becquet LANDMARK COMMISSION Active District 5 Partial 11/20/17 Historian Member Tiffani McKinney LANDMARK COMMISSION Active District 1 Partial 11/20/17 Regular Member Member John Olson LANDMARK COMMISSION Active District 4 2 11/20/16 Architect Member Kim Charba LANDMARK COMMISSION Active District 5 2 11/20/16 Regular Member Member Bert Rucker,Jr. LANDMARK COMMISSION Active District 4 1 11/20/17 Regular Member Member Nathan Westervelt LANDMARK COMMISSION Active District 1 1 11/20/17 Regular Member Member Craig Thompson LANDMARK COMMISSION Active District 2 1 11/20/17 Engineer Member Landmark Commission Applicants April 19,2016 Randy J.Dees,Sr. LANDMARK COMMISSION District 2 ProTow Wrecker Service Regular Member 5700 Old Brownsville Rd.,Ste B. Corpus Christi TX 361289-5361 Denise Gallimore LANDMARK COMMISSION District 4 Group One Real Estate Regular Member or Licensed Real Estate Salesperson 5302 Everhart Rd. Corpus Christi TX 361-991-9111 Matt Martini LANDMARK COMMISSION District 5 Bay Area Title Services Regular Member or Title Search and/or Property Surveyor 5926 S.Staples,Suite A Corpus Christi TX 361-906-0001 Shawn A.Reader LANDMARK COMMISSION District 4 Lexicon,Inc. Regular Member or Historian 2800 La Quinta Terminal Road Portland TX BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Nov 05, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Randy J. Dees Sr. Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? LANDMARK COMMISSION Street Address Suite orApt q= oft City State Postal Code District 2 What district do you live in? lmwmmn� Primary Phone Alternate Phone ProTow Wrecker Service owner Employer Job Title 5700 Old Brownsville Rd Ste B WorkAddress-StreetAddressand Suite Number Corpus Christi, WorkAddress-City Texas WorkAddress-State 78417 WorkAddress-Zip Code 361289-5361 Work Phone stwd1972@aol.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: No Education, Professional and/or Community Activity (Present) Former Chief..Nueces Co.Emerg. Services District 2....Former owner Statewide Wrecker Service (40 years)..Involved in the past with Bayfest, fundraising for the Woman's Shelter, Food Bank, First Friday, Supporter of B.A.C.A. Registered Voter? Q Yes O No Current resident of the city? Q Yes O No 60 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 ® IAgree Consent for Release of Information ® IAgree ® IAgree Board-specific questions (if applicable) Question applies to LANDMARK COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? ® None of the above BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Mar 02, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Denise Gallimore Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE, BUILDING STANDARDS BOARD, HOUSING AUTHORITY NUECES COUNTYTAX APPRAISAL DISTRICT Street Address Suite orApt oft City State Postal Code District 4 What district do you live in? lwwwwm� Primary Phone Alternate Phone PROPERTY MANAGER& GROUP ONE REAL ESTATE SALES AGENT Employer Job Title 5302 EVERHART RD. WorkAddress-StreetAddressand Suite Number CORPUS CHRISTI WorkAddress-City TX WorkAddress-State 78411 WorkAddress-Zip Code 361-991-9111 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) LICENSED TEXAS REALTOR MEMBER OF CORPUS CHRISTI ASSOCIATION OF REALTORS MEMBER OF NATIONAL ASSOCIATION OF RESIDENTIAL PROPERTY MANAGERS LICENSED MASSAGE THERAPIST Registered Voter? Q Yes 0 No Current resident of the city? Q Yes Q No If yes,how many years? Upload a Resume Please upload any additional supporting documents Demographics Asian or Pacific Islander Female Verification City Code Requirement ® IAgree Consent for Release of Information ® IAgree ® 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? * Yes 0 No BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Mar 09, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Matt Martini Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? LANDMARK COMMISSION Street Address Suite orApt q= oft City State Postal Code District 5 What district do you live in? lmwmmn� Primary Phone Alternate Phone Vice President/Marketing BayArea Title Services Manager Employer Job Title 5926 S. Staples Suite A WorkAddress-StreetAddressand Suite Number Corpus Christi WorkAddress-City TX WorkAddress-State 78413 WorkAddress-Zip Code 361-906-009901 Work Phone matt@bayareatitieseMces.net 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) Graduate of Leadership Corpus Christi Class XXXIX Board Of Directors - Goodwill Industries of South Texas Board of Directors - Builders Association of Corpus Christi Various Committees with the Texas Land and Title Association Texas A&M University Corpus Christi Registered Voter? QQ Yes O No Current resident of the city? QQ Yes O No 22 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 ® IAgree Consent for Release of Information ® IAgree ® IAgree Board-specific questions (if applicable) Question applies to LANDMARK COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? ® Title Search and/or Property Surveyor BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Nov 06, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Shawn A Reader Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, LANDMARK COMMISSION Street Address Suite orApt City State Postal Code District 4 What district do you live in? lmwmmn� Primary Phone Alternate Phone Lexicon, Inc. Field Safety Team Lead Employer Job Title 2800 La Quinta Terminal Road WorkAddress-StreetAddressand Suite Number Portland WorkAddress-City Tx WorkAddress-State 78374 WorkAddress-Zip Code Work Phone ynk4@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) Bachelor of Arts in History received from Texas A&M University- College Station 2013 Associate of Arts Business Specialty received from Houston Community College 2009 Currently pursuing a Masters of Science in Occupational Safety and Health from Columbia Southern University projected completion date December 2016 Currently hold CHST(Construction Health and Safety Technician) certification Member of the Masonic Lodge as a Master Mason for more than 20 years Registered Voter? Q Yes 0 No Current resident of the city? Q Yes Q No 2 years 4 months If yes,how many years? SHAWN READER Resume 2015.pdf Upload a Resume Please upload any additional supporting documents Demographics Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement ® IAgree Consent for Release of Information ® IAgree ® IAgree Board-specific questions (if applicable) Question applies to CORPUS CHRISTI BUSINSS AND JOB DEVELOPMENT CORPORATION . Are you a qualified elector* of the City? OO Yes O No Question applies to LANDMARK COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? ® Historian Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Shawn Reader, BA, CHST PROFILE Certified Senior Health and Safety Management Professional with over 13 years of expertise in Human Resources, Compliance, Risk Management, and Cost Reduction. Results-driven achiever with excellent business acumen, communication and interpersonal skills. Broad experience dealing with regional and corporate levels of organizational management;with a strong emphasis in Industrial Construction in the Oil and Gas industry. Proven track record of success that resulted in increased profitability, improved performance,and one that cultivated productivity in a sensitive,fast-paced,competitive industry.Currently pursuing a Masters'degree in Occupational Safety and Health with an expected completion date of December 2016. Seeking a Safety Manager or other Director position with opportunities for growth and advancement that will benefit from my experience and leadership abilities.Capable of a wide range of assertive leadership roles. CURRENT SPOTLIGHT • Senior HSE leadership of field safety technicians for an industry leading steel erection company • Directly responsible for implementation and maintenance of safety management system and environmental management system,and for ensuring full compliance with all applicable Health, Safety,and Environmental (HSE) programs and policies KEY MANAGEMENT AREAS Developing Policies&Safe Operating Procedures Health/Safety Training Programs Conducting Inspections Conducting Safety&Hazard Assessments Administering HSE Programs Coaching/Mentoring Decision Maker,Prioritize&Delegate Action Plans&Resolutions Injury Investigation Policies&Procedures,Compliance Regulatory Compliance PROFESSIONAL ATTRIBUTES ■ Broad experience conducting risk identifications,incident reporting,and various compliance activities in chemical, petrochemical,gas processing/oil and gas production,shutdown and turnarounds ■ Strong management skills,leadership qualities,and communication abilities ■ Demonstrates professional reliability,highly self-motivated with the ability to assume increased levels of responsibility,anticipates and meets needs to achieve outstanding results ■ Articulate, diplomatic, persuasive; easily establishes rapport and credibility with people at all levels,works well with people from a variety of backgrounds and cultures ■ Successful approach to problem identification, assessment, resolution,and crisis management ■ Thorough knowledge of OSHA and DOT regulations,experienced in safety inspections ■ Sound decision-making abilities and analytical skills,maintains ongoing education ■ Available to travel.Will consider relocation for the right opportunity LICENSES/CERTIFICATIONS CHST OSHA 30 General Industry/OSHA 30 Construction ASP Certification Pending Multiple DOT Management Certifications Principles of Occupational Safety and Health PEC Safeland/Safegulf Instructor Hydrogen Sulfide (H2S) Certified Instructor American Heart Smart CPR/AED/First Aid EXPERIENCE Nov 2014-Current Field Safety Team Lead,Lexicon,Inc.,Portland,TX Conduct safety inspections and audits of worksite and processes for hazards and compliance. See PERFORMANCE LIST. • Report creation detailing daily activities,inspection results, and corrective actions • Field implementation of company policies in all aspects of safety • Conduct comprehensive training and new hire orientations • Investigate accidents for root cause and create reports, presentations,and bulletins • Advise management and subcontractors regarding safety implementation in the field • Point of contact for and oversight of subcontractors field operations Shawn Reader EXPERIENCE (cont'd) Oct 2014 - Nov 2014 Safety Coordinator, Electronic Metrology Lab, Corpus Christi, TX Safety Officer for construction retrofit project at Corpus Christi Naval Air Station. See PERFORMANCE LIST. • Conducted daily site inspections and contractor safety meetings • Permitting, monitoring, and oversight of confined space entry • Advised contractors regarding policies and requirements in all aspects of safety • Ensured compliance with federal regulations using EM385 • Position was temporary for fulfillment of a scheduled one month government retrofit contract 2 May 2014 - Sep 2014 HSE Supervisor, Palacios Marine Industrial, Tilden, TX Safety supervisor for tank storage facility new construction with approximately 90 employees. See PERFORMANCE LIST. • Managed implementation of company safety policies and regulations • Conducted orientation and onsite training for new and existing employees • Apprised construction site management regarding safety and regulatory requirements for all employees on location/Generated regular reports detailing status of onsite safety • Investigated accidents and generated reports of findings • Provided permitting for on-going work at the location • Position ended due to reduction offorce Apr 2013 - May 2014 HSE Director/HR Manager, Sprint Energy Services, Kenedy, TX Provided regional safety and DOT fleet management for multiple locations in South Texas with approximately 220 employees. See PERFORMANCE LIST. • Provided regional Human Resources oversight for multiple sites • Managed Safety and Human Resource departments/Created and implemented company -wide safety policies • Facilitated, scheduled, and provided orientation/onsite training for new/existing employees across all locations • Generated regular reports for executive level review covering safety, DOT fleet, payroll, overtime, hiring, and termination of employees/Effectively vetted and hired DOT and non -DOT candidates on ongoing basis • Implemented and managed fleet tracking programs Encompass and Qualcomm • Advised executive level management on safety, best work practices, labor law, hiring practices, terminations, and employee performance/Performed all background screenings and generated reports as per company policy • Acted as company Designated Employee Representative (DER) for substance abuse programs • Performed accident investigations and created executive level reports of findings • Liaison to client safety reps/Medical clearance fit testing/Managed ISNetworld account Jun 2010 - Apr 2013 Professional Development Sabbatical Left the formal workforce to prepare for future business ventures. Pursued educational opportunities including earning a Bachelor of Arts degree in History. Feb 2004 - Jun 2010 Owner/General Contractor, Reader Construction, Houston, TX Managed daily operations of residential contractor business. • Prepared bids • Performed customer service and sales • Scheduling projects • Performed carpentry services • Supervised work crews and subcontractors Shawn Reader 3 OTHER RELEVANT EXPERIENCE Aug 2003 - Feb 2004 Sales, Southern Shutters, Manor, TX Jul 1999 - Jul 2003 HSE Manager/Office Manager, Shadows of Texas, Houston, TX PERFORMANCE LIST • Evaluate HSE data, prepare and/or support preparation of reports as required by applicable regulations and company policies • Maintain records in compliance with applicable regulations: o Statistics o Inspections o OSHA logs o Checklists o Accident/incident files o First aid and minor incident trending • Use proper coaching techniques to correct unsafe behavior • Advise management of conditions that could lead to non-compliance or unsafe working conditions • Respond to, investigate, prepare and follow-up on safety and health and environmental mishaps, including making reports to regulatory agencies and company management • Ensure completion and documentation of HSE audits, assessments, as well as site and component inspections, required by regulation and/or policy • Coordinate any follow-up or corrective actions that may be required • Interact and support a broad spectrum of personnel internal and external to the company • Performed scheduled and unscheduled safety inspections and audits • Conducted and oversaw Incident Investigations involving contractors • Promote safe work habits • Assist worksite management in the implementation of safety, statutory and client requirements including industry best practices EDUCATION Columbia Southern University, Location, 2014 - Present Currently pursuing Master of Science degree in Occupational Health and Safety, expected completion date December 2016 GPA: 4.0 Texas A&M University, College Station, TX, 2010 - 2013 Bachelor of Arts Houston Community College, Houston, TX, 2008 - 2009 Associate of Arts with Business Specialty City Of Corpus Christi LEADERSHIP COMMITTEE FOR SENIOR SERVICES BOARD DETAILS SIZE 15 Seats TERM LENGTH 2 Year OVERVIEW TERM LIMIT 6 Years The Leadership Committee for Senior Services assists the Senior Community Services (SCS) division staff in the development of comprehensive senior citizens program plans; to advise the SCS division staff of the needs for services according to locally conceived priorities; to review and evaluate SCS operations; to increase recognition of volunteers and public awareness of the division by coordinating and planning special events; and to coordinate and plan fund raising activities to benefit SCS division goals. COMPOSITION Fifteen (15) members representing the follow ing categories: 2 - Senior Center ■participants, 3 - Direct service agencies, and 10 - Community representatives. ■Initially, eight (8) members shall be appointed for a term of one-year and seven (7) r"2til members shall be appointed for a term of tw o -years. DETAILS CREATION / AUTHORITY Chapter 2, Administration, Article IV, Division 15, Code of Ordinances (Ordinance No. 024683, 12/11/01); Ord. No. 028537, 3/30/10. MEETS 1st Thursday of every month at 3:30 p.m. at various sites TERM DETAILS Two-year staggered terms. DEPARTMENT Parks and Recreation Department SUBCOMMITEE AGENDA /INFO Name Christina Canales Gloria Gooding Ida Hobbs Esperanza "Hope" Lopez Val Salinas Anita Woolsey Board Name LEADERSHIP COMMITTEE FOR SENIOR SERVICES LEADERSHIP COMMITTEE FOR SENIOR SERVICES LEADERSHIP COMMITTEE FOR SENIOR SERVICES LEADERSHIP COMMITTEE FOR SENIOR SERVICES LEADERSHIP COMMITTEE FOR SENIOR SERVICES LEADERSHIP COMMITTEE FOR SENIOR SERVICES Status Not seeking reappointment Resigned Met six-year term limitation Met six-year term limitation Not seeking reappointment Not seeking reappointment District District 2 1 District 4 1 District 5 3 District 3 3 District 3 1 District 5 1 End Date 02/01/16 02/01/17 02/01/16 02/01/16 02/01/16 02/01/16 Community Rep. Direct Service Agency Rep. Direct Service Agency Rep. Senior Center Participant Community Rep. Community Rep. Position Member Member Member Member Member Member Leadership Committee for Senior Services Members April 19, 2016 Six (6) vacancies with terms to 2-1-17 and 2-1-18 representing the following categories: 3 - Community Representatives, 2 - Direct Service Agency Representatives and 1- Senior Center Participant. (Note: The Leadership Committee for Senior Services is recommending the new appointments of Sonny Fierro (Community Rep.), Peggie A. Lewis (Community Rep.), Patricia O'Brien (Community Rep.), Joanne Garcia (Direct Service Agency Rep.), Joshua Lawrence (Direct Service Agency Rep.) and Regina Chapa (Senior Center Participant). Robert Irwin LEADERSHIP COMMITTEE FOR SENIOR SERVICES Active District 4 2 02/01/17 Community Rep. Member Ginger Bryant Denise Villagran LEADERSHIP COMMITTEE LEADERSHIP COMMITTEE FOR SENIOR SERVICES Active FOR SENIOR SERVICES Active District 2 1 02/01/17 Senior Center Participant Member District 4 1 02/01/17 Community Rep. Chair Maria Elena Flores LEADERSHIP COMMITTEE FOR SENIOR SERVICES Active District 4 2 02/01/17 Community Rep. Vice -Chair Henry Savoy LEADERSHIP COMMITTEE FOR SENIOR SERVICES Active District 4 3 02/01/17 Community Rep. Member Theresa Garcia Willie Hardeman Sr. LEADERSHIP COMMITTEE LEADERSHIP COMMITTEE FOR SENIOR SERVICES Active FOR SENIOR SERVICES Active District 5 1 02/01/17 Direct Service Agency Rep. Secretary District 5 3 02/01/17 Community Rep. Member Rodney Buckwalter LEADERSHIP COMMITTEE FOR SENIOR SERVICES Active District 3 1 02/01/18 Community Rep. Member Yvonne Solis Recio LEADERSHIP COMMITTEE FOR SENIOR SERVICES Active District 3 1 02/01/18 Community Rep. Member Reeina T. Chaoa LEADERSHIP COMMITTEE FOR SENIOR SERVICES District 2 Community Representative or Senior Center Participant Joanne Garcia LEADERSHIP COMMITTEE FOR SENIOR SERVICES District 2 WeIIMed Medical Management Community Representative or Direct Service Agency Rep. 16605. Staples, Ste. 150 Corpus Christi TX 361-045-3011 Leadership Committee for Senior Services Applicants April 19, 2016 Merejildo Sonny G. Fierro LEADERSHIP COMMITTEE FOR SENIOR SERVICES District 2 Self -Employed Community Representative or Senior Center Participant 7649 Aquamarine Corpus Christi TX 361-563-0317 Joshua C. Lawrence LEADERSHIP COMMITTEE FOR SENIOR SERVICES District 5 Senior Care Centers Community Representative or Direct Service Agency Rep. 936 W. 4th St. Sinton TX 361-364-3478 Peggie A. Lewis LEADERSHIP COMMITTEE FOR SENIOR SERVICES District 3 Kidney Specialists of South Texas, PA Community Representative 15215. Staples, Ste. 601 Corpus Christi TX 361-887-8451 Ade lfa Martinez LEADERSHIP COMMITTEE FOR SENIOR SERVICES District 3 Community Representative or Senior Center Participant TX Patricia A. O'Brien LEADERSHIP COMMITTEE FOR SENIOR SERVICES District4 Corpus Christi Medical Center Community Representative 3315 South Alameda 5t. Corpus Christi TX 361-761-1453 BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Aug 31, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Regina T. Prefix First Name Middle Initial Email Address Chapa Last Name Which Boards would you like to apply for? LEADERSHIP COMMITTEE FOR SENIOR SERVICES Street Address Suite orApt City State Postal Code District 2 What district do you live in? Please CLICK HERE for a map to verify your district assignment. vOMINN=M Primary Phone Alternate Phone Employer Job Title WorkAddress- Street Address and Suite Number WorkAddress - City WorkAddress - State 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) Volunteer at Zavala Senior Center Registered Voter? QYes No Current resident of the city? DYes No 72 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 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. ® IAgree 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. ® !Agree Oath swear that all of the statements included in my application are true and correct. Z (Agree Board -specific questions (if applicable) Question applies to LEADERSHIP COMMITTEE FOR SENIOR SERVICES. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Senior Center Participant BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Mar 02, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Prefix Email Address Merejildo Sonny First Name G Middle Initial Fierro Last Name Which Boards would you LEADERSHIP COMMITTEE like to apply for? FOR SENIOR SERVICES Street Address Suite orApt 1011111111 City State Postal Code District 2 What district do you live in? 1111111111111.111111111 111•111.1•11111 Primary Phone Self employed Employer 7649 Aquamarine WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City Texas WorkAddress - State 78414 WorkAddress- Zip Code Alternate Phone Medicare Supplemental Agent Job Title 361-563-0317 Work Phone sfierroiii@gmail.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: Coastal Bend Association of Health Underwriters Education, Professional and/or Community Activity (Present) In my twelve years as Medicare Insurance Agent and as an Employee with Humana I have participated in many events and seminars in various Senior Centers in the Corpus Christi area. Registered Voter? QYes No Current resident of the city? QYes No 30 If yes, how many years? Sonny s Resume 2.doc Upload a Resume Plea upload any additional supporting documents Demographics Hispanic Ethnicity Male Gender Verification City Code Requirement ® IAgree Consent for Release of Information Z lAgree ® lAgree Board -specific questions (if applicable) Question applies to LEADERSHIP COMMITTEE FOR SENIOR SERVICES. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Senior Center Participant BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jan 25, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Joanne Garcia Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? LEADERSHIP COMMITTEE FOR SENIOR SERVICES Street Address Suite orApt 1011111111 City State Postal Code District 2 What district do you live in? 1111111111111.111111111 111•111.1•11111 Primary Phone Alternate Phone WellMed Medical Management Market Practice S •ecialist Employer 1660 S Staples Ste 150 WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City Texas WorkAddress - State 78404 WorkAddress- Zip Code Job Title 361-445-3011 Work Phone jgarcia2@wellmed.net 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: Silver Advocacy Partners Board Member South CoastalAHEC Board Member Mayors Council Board Member Education, Professional and/or Community Activity (Present) Certified Community Health worker -Texas Registered Voter? QYes No Current resident of the city? QYes No 42 If yes, how many years? Upload a Resume Plea upload any additional supporting documents Demographics Hispanic Ethnicity Female Gender Verification City Code Requirement ® IAgree Consent for Release of Information ® !Agree ® !Agree Board -specific questions (if applicable) Question applies to LEADERSHIP COMMITTEE FOR SENIOR SERVICES. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Z Direct Service Agency BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Feb 29, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Joshua Prefix First Name Email Address C Middle Initial Lawrence Last Name Which Boards would you LEADERSHIP COMMITTEE like to apply for? FOR SENIOR SERVICES Street Address Suite orApt 1011111111 City State Postal Code District 5 What district do you live in? 1111111111111.111111111 111•111.1•11111 Primary Phone Senior Care Centers Employer 936 W 4th St. WorkAddress- Street Address and Suite Number Sinton WorkAddress - City TX WorkAddress - State 78387 WorkAddress- Zip Code Alternate Phone Administrator Job Title 3613643478 Work Phone jlawrence ©seniorcarecentersltc.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: I do not currently serve on any other city board, commission or committee at this time. Education, Professional and/or Community Activity (Present) Masters Degree in Business Administration Bachelors Degree in Health Care Administration Certified Dietary Manager Registered Voter? QQYes No Current resident of the city? QQ Yes Q No 6 (total) If yes, how many years? Joshua C Lawrence s Resume.docx Upload a Resume Plea upload any additional supporting documents Demographics Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement ® IAgree Consent for Release of Information Z lAgree ® lAgree Board -specific questions (if applicable) Question applies to LEADERSHIP COMMITTEE FOR SENIOR SERVICES. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Z Direct Service Agency Joshua C. Lawrence, LNFA Professional Summary Highly analytical health care management professional combining more than ten years of experience in long term care with proficiency in financial management, leadership, and positive clinical outcomes. Experienced in market development, new service initiatives, financial analysis, and fiscal management within a healthcare environment. Skilled at developing and implementing standard practices and procedures to effect dramatic improvements in efficiency, productivity, and business processes toward successful attainment of organizational goals. Expert in organizational management, process and performance improvement, program and proj ect leadership, as well as training and development. Equipped with excellent communication, leadership, and motivational skills; able to effectively interact with physicians, patients, and executive management. Successful in developing and implementing effective strategies and plans using high-caliber management qualifications. Licensed Nursing Facility Administrator with several years of practical experience serving in an advisory capacity and survey management. Professional Experience Senior Care Centers — Sinton, TX November 2014 — Current Executive Director/Administrator Successfully managed the daily operations of a 60 -bed skilled nursing facility. Managed state and federal survey processes including but not limited to writing POC's and implementing quality assurance standards to maintain compliance. Successfully developed facility census and restructured the marketing plan while lowering costs and raising customer satisfaction. Skilled in all aspects of the administration including performance evaluation, fiscal responsibilities (A/R, A/P), 2567 & 3724 processing, and medical records management. Worked with a variety of professionals from various disciplines to develop a unique working environment of respect and productivity. Able to develop employee and patient trust quickly while maintaining standards of practice. Produced consistent profit through RUG rate development accomplished by enforcing strict documentation practices and managing financial resources. Palma Real Transitional Care Center (CCCN) — Mathis, TX December 2011 to May 2014 1 Director of Nutrition Services Conducted and approved the performance evaluations for all nutrition department employees. Identified process improvements in the day to day functioning of the department. Played an instrumental role in the annual survey resulting in the minimization or elimination of possible deficiencies. Processed physician's orders utilizing AHT software and Citrix Client. Routinely traveled to multiple facilities and managed locations simultaneously. Chaired as the Fall Management Program Coordinator and closely collaborated with management team to make necessary improvements and satisfy patient needs. Continually improved knowledge, skills, and performance based on feedback and self -identified professional development needs. Maintained company budgeting standards. Organized and conducted training activities to maintain employee involvement and continuous quality improvement. Served as an interim Nutrition Director to five facilities to improve quality standards and conduct training sessions for newly hired department managers. Mathis Nursing & Rehabilitation Center (CCCN) — Mathis, TX April 2006 to December 2011 Certified Nursing Assistant (Lead CNA) Established standards for selection, promotion, and termination of staff. Revised policies and procedures in accordance with changes in local, state, and federal laws and regulations. Facilitated an on-going assessment of patient/family needs and implementation of interdisciplinary care plan. Investigated and reported issues relating to patient care or conditions that may hinder patient well-being. Planned, organized, supervised, and provided assignments for nursing, technical, office, and biomedical staff. Education and Training Texas A&M University, 2015 Corpus Christi, TX Master's Degree in Business Administration with a focus on marketing, international business, and accounting. Administrator in Training Program, 2013 Palma Real Transitional Care Center AIT program lasting required 1000 hours and subsequent State and Federal NAB examinations resulting in licensure. Current Licensed Nursing Facility Administrator (State of Texas #10605). University of Phoenix, 2012 Phoenix, AZ Bachelor of Science in Health Care Administration Long Term Care Concentration Focus of study in long term care with emphasis on management strategies, human resources management, quality management, financial accounting, facility planning, effective marketing strategies, and organizational behavior. 2 University of Florida, 2012 Gainesville, FL Certificate in Dietary Management and Clinical Nutrition in Long Term Care Focus of study on clinical documentation, nutrition therapy, geriatric nutrition, budget management, facility design, clinical information management systems, and fair employment practice. Western International University, 2009 Phoenix, AZ Associates of Arts (Concentration in Foundations of Business) Focus of study on business negotiations, corporate finance, business administration, marketing, accounting, quality assurance, human resources management. 3 BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Feb 29, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Peggie A Prefix First Name Middle Initial Email Address Lewis Last Name Which Boards would you like to apply for? LEADERSHIP COMMITTEE FOR SENIOR SERVICES Street Address Suite orApt 1011111111 City State Postal Code District 3 What district do you live in? 1111111111111.111111111 111•111.1•11111 Primary Phone KIDNEYSPECIALISTS OF SOUTH TEXAS PA Alternate Phone PRACTICE ADMINISTRATOR Employer Job Title 1521 S. STAPLES SUITE 601 WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State 78404 WorkAddress- Zip Code 361-887-8451 Work Phone plewis@ksst.cc 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) Some college. Involved in healthcare organizations: Texas MGMA MGMA Coast Bend MGMA CC ADMINISTRATORS GROUP WILL BE RETIRING IN JUNE 2015 AND INTERESTED IN GETTING INVOLVED IN SENIOR ACTIVITIES. Registered Voter? QYes No Current resident of the city? QYes No 60 YEARS If yes, how many years? Upload a Resume Plea upload any additional supporting documents Demographics Caucasian/Non-Hispanic Ethnicity Female Gender Verification City Code Requirement ® IAgree Consent for Release of Information Z IAgree ® IAgree Board -specific questions (if applicable) Question applies to LEADERSHIP COMMITTEE FOR SENIOR SERVICES. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® None of the Above BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Aug 21, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Adelfa Martinez Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? LEADERSHIP COMMITTEE FOR SENIOR SERVICES Street Address Suite orApt City State Postal Code District 3 What district do you live in? Please CLICK HERE for a map to verify your district assignment. vOMINN=M Primary Phone Alternate Phone Employer Job Title WorkAddress- Street Address and Suite Number WorkAddress - City TX WorkAddress - State 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: Education, Professional and/or Community Activity (Present) FORMERLY SERVED ON THE LEADERSHIP COMMITTEE FOR SENIOR SERVICES ASSOCIATES DEGREE IN NURSING SINCE RETIRED, I'VE HELPED IN SEVERAL POLITICAL RACES. NOW VERY ACTIVE AT BROADMOOR SENIOR CENTER. GRADUATED FROM ROY MILLER, CLASS OF 1966 ATTENDED COLLEGE ACTIVE IN LEAGUE OF WOMEN VOTERS; SUBSTITUTE TEACHING AT VARIOUS SCHOOLS; PTA. MEMBER OF ST CYRIL METHODIOUS CHURCH, CHOIR MEMBER, JAIL MINISTRYSECRETARYAND MINISTRYAT NUECES COUNTY JAIL, VOLUNTEER AT WINDSOR PARK AND NURSING CENTER. Registered Voter? Q Yes No Current resident of the city? QQYes No 69 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 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. ® IAgree 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. ® !Agree swear that all of the statements included in my application are true and correct. ® IAgree Board -specific questions (if applicable) Question applies to LEADERSHIP COMMITTEE FOR SENIOR SERVICES. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Senior Center Participant BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Mar 02, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Patricia A. Prefix First Name Middle Initial Email Address OBrien Last Name Which Boards would you like to apply for? LEADERSHIP COMMITTEE FOR SENIOR SERVICES Street Address Suite orApt 1011111111 City State Postal Code District 4 What district do you live in? 1111111111111.111111111 111•111.1•11111 Primary Phone Alternate Phone Director, Physician Ventures Corpus Christi Medical Center Development Employer Job Title 3315 South Alameda Street WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City Texas WorkAddress - State 78411 WorkAddress- Zip Code 3617611453 Work Phone patricia.obrien1©hcahealthcare.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) 2014 MAA, University of the Incarnate Word 1990 BS, San Jose State University LCC Class 32 Past board member of American Heart Association, Cancer Society, Coastal Bend Association of Health Underwriters, Girl Scouts of America Registered Voter? QQYes No Current resident of the city? QQYes No 50+ years If yes, how many years? 2016.Resume Patricia 0 Brien.doc Upload a Resume Plea upload any additional supporting documents Demographics Caucasian/Non-Hispanic Ethnicity Female Gender Verification City Code Requirement ® IAgree Consent for Release of Information Z !Agree ® !Agree Board -specific questions (if applicable) Question applies to LEADERSHIP COMMITTEE FOR SENIOR SERVICES. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * None of the Above Page 1 of 1 Patricia O'Brien Director, Physician Ventures Development 10/07 - Present HCA/Corpus Christi Medical Center Report to Hospital CEO Responsible for physician recruitment on behalf of the medical center. Manage special projects related to business development as defined by the CEO. HCA/Corpus Christi Medical Center 2/97 - 4/06 Served in three key leadership positions: Director of Practice Development 4/05 to 4/06 Reported to Assistant Administrator, Business Development and Hospital CEO Develop and maintain collaborative relationships between the hospital and physicians to support key business units. Identified obstacles to utilization of HS program, collaborated with key department(s) to create solutions and successfully implemented resolution plans. Director of Business Development, Coastal Bend Healthcare Solutions 2/00 to 4/05 HCA Managed Care Division Report to corporate VP of Managed Care Coordinated the business operations of the PHO; network development, credentialing, contract management. Market the network to self-insured employers, consultants/brokers and third party administrators. Responded to Request for Proposals and coordinate the submission of bids. Negotiate direct employer contracts for health care services. Director of Physician Relations 2/97 to 1/2000 Report to Hospital CEO. Organized and implemented a campaign to recruit and retain physicians to utilize the hospital and its services. Established search protocols based upon practice pro forma and community assessment. Screened candidates, scheduled interviews and negotiated recruiting agreements and contracts. Education M.A.A., Organizational Development, University of the Incarnate Word (2014) B.S., Health Care Management, San Jose State University (1990) A.A.S., Respiratory Therapy, Del Mar Junior College (1979) City Of Corpus Christi REINVESTMENT ZONE NO. 3 BOARD BOARD DETAILS OVERVIEW As, SIZE 12 Seats TERM LENGTH 2 Years TERM LIMIT N/A The Reinvestment Zone No. 3 Board shall make recommendations to the City Council concerning the administration of the zone. (The zone area includes approximately 856 acres encompassing the City's Downtown area along the Bayfront from the SEA - Town complex at the north end, south to Morgan Avenue adjacent to the Christus Spohn Shoreline Hospital, and west to Tancahua Street.) The Board shall prepare and adopt a project plan and reinvestment zone financing plan for the zone and submit such plans to the City Council for its approval in accordance with Section 311.011, Texas Tax Code. The Board shall exercise other powers and responsibilities with respect to the zone only to the extent expressly granted by the City Council by ordinance or resolution. 4 DETAILS COMPOSITION The Board shall consist of twelve (12) members. The members shall be appointed as follows: Pursuant to Sec. 311.009(a), Tax Code, the respective governing bodies of each taxing unit other than the City that levies taxes on real property in the zone, if the taxing unit has approved the payment of all or part of the tax increment produced by the unit into the tax increment fund for the zone, may appoint one (1) member of the Board. These entities include: Del Mar College and Nueces County. Each governing body may w aive its right to appoint a Director. The remaining members of the board are appointed by the City Council. The City Council shall have the right to appoint at least ten (10) members, with one reserved for a representative from the Dow ntow n Management District, and the board may exceed twelve (12) members if necessary for the City Council to make said ten (10) appointments. To be eligible for appointment an individual must be a qualified voter of the City; or be at least 18 years of age or older and ow n real property in the zone. Terms of Board members are for two years. Terms must be staggered w ith half of the Board members appointed every year. Officers must be appointed as provided in the Act. CREATION / AUTHORITY Ord. No. 027996, 12/16/08; Ord. No. 028136, 04/28/09; Ord. No. 029403, 3/2/12; and Ord. No. 030286, 9/16/14. MEETS On call, Council Chambers. TERM DETAILS Two-year staggered terms. DEPARTMENT City Manager's Office SUBCOMMITEE AGENDA /INFO Reinvestment Zone No. 3 Board Members April 19, 2016 Three (3) vacancies with terms to 2-28-18. (Note: Del Mar College, Downtown Management District and Nueces County are in the process of determing the appointment/reappointments of their representatives on the board.) Chad Magill Lillian Riojas Brian Rosas REINVESTMENT ZONE NO. 3 BOARD REINVESTMENT ZONE NO. 3 BOARD REINVESTMENT ZONE NO. 3 BOARD Term expired Term expired Term expired 2 02/28/16 2 02/28/16 1 02/28/16 City City City Member Member Member Claudia Jackson Mike Pusley Stefany Schade Rudy Garza Lucy Rubio Mark Scott Colleen McIntyre Nelda Martinez Carolyn Vaughn REINVESTMENT ZONE NO. 3 BOARD REINVESTMENT ZONE NO. 3 BOARD REINVESTMENT ZONE NO. 3 BOARD REINVESTMENT ZONE NO. 3 BOARD REINVESTMENT ZONE NO. 3 BOARD REINVESTMENT ZONE NO. 3 BOARD REINVESTMENT ZONE NO. 3 BOARD REINVESTMENT ZONE NO. 3 BOARD REINVESTMENT ZONE NO. 3 BOARD Active Active Active Active Active Active Active Active Active 2 02/28/16 1 02/28/16 1 02/28/16 2 02/28/17 1 02/28/17 2 02/28/17 2 02/28/17 2 02/28/17 1 02/28/17 Del Mar County Downtown Management District City City City City City City Member Vice -Chair Member Member Member Member Member Member Chair City Of Corpus Christi TRANSPORTATION ADVISORY COM M ISSION BOARD DETAILS OVERVIEW As, SIZE 9 Seats TERM LENGTH 3 Years TERM LIMIT 6 Years The Transportation Advisory Commission is responsible for providing a public forum for the discussion of propod ordinancesoractions relating to traffic operations and transportation planning matters; advise the City Council and City Manager or designee on traffic regulations and Chapter 53 — TRAFFIC of the Corpus Christi Municipal Code; conduct any required public hearing for the purposes of obtaining federal and state financial assistance for proposed transportation improvement projects (the substance of any comments and review by the Transportation Advisory Commission will be summarized for City Council); independently review grant applicationsfor transportation improvement projects; promote public knowledge of traffic enforcement and understanding of City transportation issues; promote public acceptance of transportation programsthat are propod or initiated by the City and provide advice on regional transportation issues; provide recommendations on mobility, access management, and traffic safety issues for the City's multi -modal transportation system; provide recommendations on transportation aspects of the City's Capital Improvements Program; monitor the implementation and evaluate the City's mobility related master plans; submit annual reports to the Planning Commission and City Council; independently review traffic safety reports for City streets and provide recommendationsfor traffic safety- related improvements; research, develop, analyze, evaluate, and implement coordinated traffic safety and transportation programs which meet local needs; independently review the decisions, orders, and warrants of the City Traffic Engineer concerning installation of traffic control devices, establishment of traffic regulations and hear citizen comments concerning the matters; act on access management issues in the City's Unified Development Code and make recommendations on traffic impact analysis as per the Unified Development Code to the Planning Commission and City Council. �q DETAILS COMPOSITION Nine (9) residents of the City appointed by the City Council for three-year terms. At least one (1) member shall be a representative of the bicycling community. The terms of three (3) members shall expire on May 1st of each year. The Commission elects a Chairman and Vice -Chairman annually at the first regular meeting following the annual appointments in May. The City Manager or designee may recommend for appointment ex -officio members. The Commission is authorized to appoint, as ex -officio members w ithout voting privileges, any additional members. CREATION / AUTHORITY Section 2-120, Code of Ordinances. Ordinance No. 3679, 3-3-54; amended by Ord. Nos. 6577, 10079, 10912, 11841, 17526, 20294 - 5-3-88; amended by Ordinance No. 30474, 4/14/15. MEETS 4th Monday of every month, 2:30 p.m., City Hall, Council Chambers TERM DETAILS Three-year terms. DEPARTMENT Street Department SUBCOMMITEE AGENDA /INFO Elena Buentello TRANSPORTATION ADVISORY COMMISSION Seeking reappointment District 3 Partial 05/01/16 Member 67% 6/9 (3 exc.) Scott Harris TRANSPORTATION ADVISORY COMMISSION Seeking reappointment District 1 1 05/01/16 Chair 91% 10/11(1 exc.) Gnherh cnIdnnn ToeNSofDTeTlnnl eMncnov rnnnnASSlnnl ceeLfnn rmnnn fntrr,enr nfehr;-.S D,rtin! ne/n111a nnnmknr I nn.c 11/11 Leo Rios TRANSPORTATION ADVISORY COMMISSION Active District 4 Partial 05/01/17 Member Dennis Miller TRANSPORTATION ADVISORY COMMISSION Active District 5 1 05/01/17 Member Edd Price TRANSPORTATION ADVISORY COMMISSION Active District 2 2 05/01/17 Member Wilfredo Rivera, Jr. TRANSPORTATION ADVISORY COMMISSION Active District 2 1 05/01/18 Member Gretchen Arnold TRANSPORTATION ADVISORY COMMISSION Active District 2 2 05/01/18 Bicycle Community Rep. Member Transportation Advisory Commission Members April 19, 2016 Three (3) vacancies with terms to 5-1-19. Anthony Gavlik TRANSPORTATION ADVISORY COMMISSION Active District 4 1 05/01/18 Member Valente Olivarez TRANSPORTATION ADVISORY COMMISSION Active District 1 N/A TxDot Ex -Officio, Non-voting Wes Vardeman TRANSPORTATION ADVISORY COMMISSION Active District 1 N/A CCRTA Ex -Officio, Non-voting Jeffrey Pollack TRANSPORTATION ADVISORY COMMISSION Active District 4 N/A CCMPO Ex -Officio, Non-voting Transportation Advisory Commission Applicants April 19, 2016 Work Address II El Work Phone Robert A. Alvarez TRANSPORTATION ADVISORY COMMISSION District 5 ALVAREZ INSURANCE GROUP 1 5810 S. Staples Corpus Christi TX 361-442-6799 John Garcia TRANSPORTATION ADVISORY COMMISSION District 1 COMFORT SUITES 1814 Ennis Joslin Rd. Corpus Christi TX 361-991-7100 Thomas Knight TRANSPORTATION ADVISORY COMMISSION District 4 Rosemary Knippa TRANSPORTATION ADVISORY COMMISSION District 1 VALDEZ FLEET SALES WHOLESALE VEHICLES 361-815-2008 Mark Steck TRANSPORTATION ADVISORY COMMISSION District 4 SELECTRANSPOORTATION RESOURCES 8001 I.H.37 Corpus Christi TX 361-694-8411 Tommy Watson, Jr. TRANSPORTATION ADVISORY COMMISSION District 1 SOUTHERN CYCLES BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jul 15, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Robert A Prefix First Name Middle Initial Email Address Alvarez Last Name Which Boards would you like to apply for? CLEAN CITYADVISORYCOMMITTEE, CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, ETHICS COMMISSION, TRANSPORTATION ADVISORY COMMISSION Street Address City District 5 What district do you live in? INW11111•11 Primary Phone Suite or State Alternate Phone Alvarez Insurance Group Owner/Broker Employer Job Title 5810 S. Staples WorkAddress- Street Address and Suite Number Cor us Christi WorkAddress - City Texas WorkAddress - State 78413 WorkAddress- Zip Code 3614426799 Work Phone r.adam@alvarezinsgroup.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) Promoter of locality and professional networking in the Corpus Christi community for my own insurance agency. Registered Voter? QYes No Current resident of the city? Q Yes No 32 If yes, how many years? Adam s Resume_2014 1 .docx Upload a Resume Plea upload any additional supporting documents Demographics Hispanic Male Verification City Code Requirement Z IAgree Consent for Release of Information ® !Agree Z !Agree Board -specific questions (if applicable) Question applies to CLEAN CITYADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Local Chamber of Commerce Member Robert Adam Alvarez Objective Summary: To utilize my skills and abilities to better the customer/client experience and satisfaction and to further the success of the business. ,/ Typing — over 65 words per minute ,/ Strong use of multi -line phone and soft -phones ,/ Extremely clean background and driving record Experience Areas of Expertise: Strong multitasker ,/ Very fast learner ,/ Expert with all MS Office applications and other computer programs ,/ Experienced in data entry ,/ Expert in creating and and 10 -key with good filing reports speed and accuracy ,/ Highly professional ,/ Excellent people skills Nonferrous Supervisor, CMC Recycling, Corpus Christi, TX, June 2013 — Present Day • Run day-to-day operations at nonferrous scale. • Take care of customer's needs and work to retain them. • Supervised a crew of 5-10 people. Office Assistant, J&G Armadillo Bookkeeping, Corpus Christi, TX, June 2008 — June 2013 • Helped with day to day clerical operations/filing in running the office. • Gather all necessary data to completing tax returns, i.e. receipts, legal documents, home information, etc. • Keyed in proper data into databases of all financial info utilizing the 10 -key. (Primary) File Clerk, Royston, Rayzor, Vickery & Williams, LLC., May 2007 — August 2008 • Prepared and set up project for transition of traditional paper system to modified "paperless" filing system. • Responsible for filing and indexing for a 10 lawyer law firm and assisting paralegals and runners. Education University of Dallas — Irving — August 2001 to June 2004 -Bachelors of Science in Business with Concentration in Marketing Texas A&M — Corpus Christi — August 2000 to May 2001 — Criminal Justice Page 2 of 2 References available upon request... BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Sep 21, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile John Garcia Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION, CORPUS CHRISTI CONVENTION & VISITORS BUREAU, CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY TRANSPORTATION ADVISORY COMMISSION Street Address Suite orApt City State Postal Code District 1 What district do you live in? Primary Phone Alternate Phone COMFORT SUITES DIRECTOR OF SALES Employer Job Title 1814 ENNIS JOSLIN ROAD WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State 78412 WorkAddress - Zip Code 361-991-7100 Work Phone johngarciasales©gmail.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) SEE ATTACHED RESUME Registered Voter? OQYes ONo Current resident of the city? OQYes No 38 If yes, how many years? GARCIA.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 ® !Agree ® !Agree Board -specific questions (if applicable) Question applies to ARTS & CULTURAL COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Z Economic Development / Tourism 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 Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY. Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) QQYes No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Question applies to TRANSPORTATION ADVISORY COMMISSION. Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? QQYes No JAN -06-2015 06:44 From: To:8263113 Page:2'6 John Garcia John Garcia has been active in the hospitality industry for 19 }ears. Born and raised in Corpus Christi, Garcia's first opportunity arose when he started at the Ramada Inn Bayfront & Conference Center in 1997. This experience adds supplemental fatniliarity with conventions sales, hospitality, and strong community involvement. During his first 6 years at the Ramada Inn. he became a member of numerous organizations: Corpus Christi Chamber of Commerce (Ambassador), Corpus Christi Hispanic Chamber (Embajador). Hospitality Sales Marketing Association (Vice President, 2004) (HSMA Member of the Year 2004;. and Harbor Lights Festival (Committee member) Dress for Success Volunteer; Transportation Advisory Comtnittee Board member; NAACP Banquet Committee member. Corpus Christi Greater Hospitality Association member, Crirl Scouts of South Texas, Westside Business Association member and the Corpus Christi Transportation Advisory Board. John also accomplished a graduate, certification course from the prestigious Dale Camegie. Garcia's experience as Sales Manager gave him an opportunity to advance in the hotel industry. In June 2003. he became Director of Sales & Marketing at the R .nada Limited Airport Hotel on McBride Lane and Interstate 37.1n April 2005 an opportunity arose at the Corpus Christi Convention Visitor Bureau as Destination Sales Manager for the sports & Mexico market for the city. Is currently Director of Sales for a couple hotels in the greatc r Corpus Christi area. John holds a great appreciation for the power of community, and his continued involvement and support is evident in his work performance BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jun 19, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Thomas Knight Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? TRANSPORTATION ADVISORY COMMISSION Street Address Suite orApt 1011111111 City State Postal Code District 4 What district do you live in? 1111111111111.111111111 111•111.1•11111 Primary Phone Alternate Phone 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) RETIRED BUSINESS OWNER AND TEACHER- DELIVERY ORIENTED BUSINESS THOROUGH KNOWLEDGE OF CORPUS CHRISTI STREETS REGULARLYATTEND TXDOT PUBLIC MEETINGS WANT CORPUS CHRISTI TO BE A TRANSIT -FRIENDLY CITY THAT CAN ATTRACT BUSINESSES AND RETIREES BA IN PUBLIC ADMINISTRATION BA IN EDUCATION AND SPECIAL EDUCATION Registered Voter? DYes No Current resident of the city? Q Yes Q No If yes, how many years? Upload a Resume Plea upload any additional supporting documents Demographics Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement Z IAgree Consent for Release of Information Z !Agree ® !Agree Board -specific questions (if applicable) BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Sep 26, 2014 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Rosemary Prefix First Name Middle Initial Email Address Knippa Last Name Which Boards would you like to apply for? COMMISSION ON CHILDREN & YOUTH, MAYOR'S FITNESS COUNCIL, NUECES COUNTY TAX APPRAISAL DISTRICT, TRANSPORTATION ADVISORY COMMISSION Street Address Suite orApt City State Postal Code District 1 What district do you live in? Primary Phone Alternate Phone VALDEZ FLEET SALES WHOLESALE VEHICLES Employer WorkAddress- Street Address and Suite Number WorkAddress - City WorkAddress - State WorkAddress- Zip Code OWNER Job Title 361-815-2008 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) SERVED ON APPRAISAL REVIEW BOARD 6 YEARS RETIRED FROM TELEPHONE CO. - MANAGER OF SALES, TRAINING ON SALES, SAFETY SETTING UP NEW OFFICES THROUGH OUT SOUTH TEXAS AND TRAINING STAFF EDUCATION - 2 YEARS BUSINESS COLLEGE- DEL MAR 2 YEARS Registered Voter? DYes No Current resident of the city? Q Yes Q No 60 If yes, how many years? Upload a Resume Plea upload any additional supporting documents Demographics Hispanic Verification City Code Requirement ® IAgree Consent for Release of Information ® IAgree ® IAgree Board -specific questions (if applicable) BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Apr 18, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Mark Steck Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? TRANSPORTATION ADVISORY COMMISSION Street Address Suite orApt 1011111111 City State Postal Code District 4 What district do you live in? 1111111111111.111111111 111•111.1•11111 Primary Phone Alternate Phone SelecTransportation Resources Account Manger Employer Job Title 8001 I.H.37 WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City TX. WorkAddress - State 78409 WorkAddress- Zip Code 361-694-8411 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 City Board or Committee activity currently. Actively involved in the transportation industry since 1972. 32 yrs. in the trucking industry owning and operating trucks specializing in the transportation of liquid and dry bulk hazardous materials. 10 years as a manager and sales professional in the trucking industry specializing in custom built vehicles targeted at heavy machinery and liquid and dry bulk hazardous materials. Over the last 4 years I have developed a passion for contributing to the betterment of Corpus Christi and a position on the Transportation Advisory Committee would be an ideal place to apply my expertise ,with the guidance of my fellow members , to help in the continuing growth of our community. Education, Professional and/or Community Activity (Present) Chamber of Commerce Infra Structure Committee Wednesday Morning Group Registered Voter? C) Yes No Current resident of the city? Q Yes Q No 4 If yes, how many years? Upload a Resume Plea upload any additional supporting documents Demographics Caucasian/Non-Hispanic Ethnicity Male Verification City Code Requirement ® IAgree Consent for Release of Information ® !Agree ❑ !Agree Board -specific questions (if applicable) BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Sep 24, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Tommy Prefix First Name Middle Initial Email Address Watson, Last Name J r. Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE, PARKS AND RECREATION ADVISORY COMMITTEE, TRANSPORTATION ADVISORY COMMISSION Street Address Suite orApt City State Postal Code District 1 What district do you live in? Primary Phone Alternate Phone SOUTHERN CYCLES SELF-EMPLOYED 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) FORMERLY SERVED ON TRANSPORTATION ADVISORY COMMITTEE, FOOD SERVICE ADVISORY COMMITTEE AND PARKS AND RECREATION ADVISORY COMMITTEE. Registered Voter? QYes No Current resident of the city? Q Yes No 66 If yes, how many years? Upload a Resume Plea upload any additional supporting documents Demographics Caucasian/Non-Hispanic Male Verification City Code Requirement ® IAgree Consent for Release of Information ® !Agree ® !Agree Board -specific questions (if applicable) Question applies to ANIMAL CARE ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® None of the Above City Of Corpus Christi WATERSHORE AND BEACH ADVISORY COMMITTEE BOARD DETAILS OVERVIEW As, SIZE 9 Seats TERM LENGTH 2 Years TERM LIMIT 6 Years The Watershore and Beach Advisory Committee advises and makes recommendations regarding use or preservation of the following areas within the city limits: the waterfront, the beaches, and the natural bodies of water, including, but not limited to: Gulf of Mexico, bays, rivers, and creeks, excluding the Marina area as defined by Section 2-264. DETAILS COMPOSITION Nine (9) members appointed by the City Council for two-year terms. The membership shall include one (1) Scientist, i.e. Marine Biologist, one (1) Engineer, and one (1) Environmentalist; one (1) shall be an owner or representative of a hotel or condominium located on North Padre Island or Mustang Island; and one (1) shall be a member of the Corpus Christi Convention &Visitors Bureau. The Chairperson of the Watershore and Beach Advisory Committee shall act as an advisor to the Parks and Recreation Advisory Committee and vice versa. In the initial appointment members w ill serve an initial tw o -year term, in the succeeding term, 5 members w ill serve a tw o -year term, and 4 members w ill serve a one-year term, as determined by drawing. Thereafter, all terms w ill be tw o -years. CREATION / AUTHORITY Section 2-80, Code of Ordinances, Ord No. 027408, 9/11/07; Ord. No. 027523, 12/11/07; Ord. No. 029985, 10/22/13. MEETS 1st Thursday of every month at 5:30 p.m., Staff Conference Room 1st Floor, City Hall. TERM DETAILS Two-year staggered terms. DEPARTMENT Parks and Recreation Department SUBCOMMITEE AGENDA /INFO Name Watershore and Beach Advisory Committee Members April 19, 2016 One (1) vacancy with term to 12-11-16 representing the following category: 1 - Owner or representative of a hotel or condominium located on North Padre Island or Mustang Island. Board Name Status District Term End Date Cate :o Position Vacant WATERSHORE AND BEACH ADVISORY COMMITTEE 12/11/16 Hotel/Condo Owner/Rep. located on North Padre Island or Mustang Island Member Jay Gardner WATERSHORE AND BEACH ADVISORY COMMITTEE Active District4 3 12/11/17 Vice -Chair Cliff Schlabach WATERSHORE AND BEACH ADVISORY COMMITTEE Active District 4 1 12/11/17 Member Cameron Perry WATERSHORE AND BEACH ADVISORY COMMITTEE Active District 4 3 12/11/17 Engineer Chair Carrie Meyer WATERSHORE AND BEACH ADVISORY COMMITTEE Active District 1 1 12/11/16 Member Joseph DePalma WATERSHORE AND BEACH ADVISORY COMMITTEE Active District4 1 12/11/16 Member Mukesh Subedee WATERSHORE AND BEACH ADVISORY COMMITTEE Active District 2 1 12/11/17 Environmentalist Member Jennifer Pollack WATERSHORE AND BEACH ADVISORY COMMITTEE Active District4 2 12/11/16 Scientist Member Paulette Kluge WATERSHORE AND BEACH ADVISORY COMMITTEE Active District 1 2 12/11/17 CVB Member Watershore and Beach Advisory Committee Applicants April 19, 2016 11.1.11111 ww Kelly Byrom District 4 Wooldridge Place Nursing Center Owner or Rep. of a Hotel/Condo Located on North Padre Island or Mustang Island 7352 Wooldridge Corpus Christi TX 361-991-9633 Jyoti Patel District 4 Self -Employed Owner or Rep. of a Hotel/Condo Located on North Padre Island or Mustang Island 15202 Windward Dr. Corpus Christi TX 361-949-8041 BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Apr 07, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Kelly Byrom Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? WATERSHORE AND BEACH ADVISORY COMMITTEE Street Address Suite orApt 1011111111 City State Postal Code District 4 What district do you live in? 1111111111111.111111111 111•111.1•11111 Primary Phone Alternate Phone Wooldridge Place Nursing Center Employer 7352 Wooldridge WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City TX WorkAddress - State 78414 WorkAddress- Zip Code Licensed Vocational Nurse Job Title 361-991-9633 Work Phone kellybyrom ©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: Lakeshore Villas Homeowners Association Education, Professional and/or Community Activity (Present) Registered Voter? DYes No Current resident of the city? Qi Yes Q No 12 If yes, how many years? Upload a Resume Plea upload any additional supporting documents Demographics Caucasian/Non-Hispanic Ethnicity Female Gender Verification City Code Requirement ® IAgree Consent for Release of Information Z IAgree ® IAgree Board -specific questions (if applicable) Question applies to WATERSHOREAND BEACH ADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * Z Owner or Representative of a Hotel or Condo Located on North Padre Island or Mustang Island BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Mar 07, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Jyoti Patel Prefix First Name Middle Last Name Email Address Initial Which Boards would you like to apply for? WATERSHORE AND BEACH ADVISORY COMMITTEE Street Address Suite orApt 1011111111 City State Postal Code District 4 What district do you live in? 1111111111111.111111111 111•111.1•11111 Primary Phone Alternate Phone Self -Employed Employer 15202 Windward Dr. WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City TX WorkAddress - State 78418 WorkAddress- Zip Code Job Title 361-949-8041 Work Phone jpatelcc©gmail.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) Previously served on the Island Strategic Action Committee (termed out) Served on the Corpus Christi Convention and Visitors Bureau (termed Greater Corpus Christi Hotel Association B.S from Stephen F. Austin University in Nacogdoches, TX Certified Hotel Administrator Own hotels on Padre Island Registered Voter? QQYes No Current resident of the city? QQYes No 21 If yes, how many years? Upload a Resume Plea upload any additional supporting documents Demographics Asian or Pacific Islander Ethnicity Female Gender Verification City Code Requirement ® IAgree Consent for Release of Information Z IAgree ® IAgree Board -specific questions (if applicable) Question applies to WATERSHOREAND BEACH ADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * ® Owner or Representative of a Hotel or Condo Located on North Padre Island or Mustang Island AGENDA MEMORANDUM Future Item for the City Council Meeting of April 12, 2016 Action Item for the City Council Meeting of April 19, 2016 DATE: April 4, 2016 TO: Mayor and Council FROM: Rebecca Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Appointing Council Member Michael T. Hunter to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation CAPTION: Motion appointing City Council Member Michael T. Hunter as a board member to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation. PURPOSE: The purpose of the item is to appoint Council Member Michael T. Hunter as a board member to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation. BACKGROUND AND FINDINGS: The Coastal Bend Health Facilities Development Corporation (CBHFDC) was formed in 1984 to facilitate the financing of health care facilities through the issuance of tax-exempt revenue bonds as authorized by federal tax laws. The Coastal Bend Cultural Education Facilities Finance Corporation (CBCEFFC) was created in 2009 to replace the Coastal Bend Health Facilities Development Corporation. Since the Coastal Bend Health Facilities Development Corporation still has bonds outstanding from earlier financing, it cannot be dissolved until those bonds are either retired or refunded. Council Members are appointed to serve on both of these corporations in order to maintain continuity for both organizations until the Health Facilities Development Corporation can be dissolved. Council Member At -Large Lillian Riojas was appointed to the CBHFDC and CBCEFFC on April 21, 2015. Ms. Riojas resigned her position as a city council member effective February 24, 2016, subsequently creating vacancies on such corporations. Mr. Michael Hunter was appointed to fill the city council at -large seat vacated by Ms. Riojas on March 8, 2016. Thus, it is recommended that the Council appoint Mr. Hunter to replace Ms. Riojas on these corporations. ALTERNATIVES: None. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Housing and Community Development Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital RI Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff is recommending approval of the Motion as presented. LIST OF SUPPORTING DOCUMENTS: None. AGENDA MEMORANDUM Future item for the City Council Meeting of April 12, 2016 Action Item for the City Council Meeting of April 19, 2016 DATE: April 4, 2016 TO: Mayor and Council FROM: Rebecca Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Appointing Council Member Michael T. Hunter to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation CAPTION: Motion appointing Council Member Michael T. Hunter as a Board Member to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. PURPOSE: The purpose of the item is to appoint Council Member Michael T. Hunter as a board member to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. BACKGROUND AND FINDINGS: The City has three corporations for which the City Council serves as the Board of Directors. These corporations are the Corpus Christi Community Improvement Corporations (CCCIC), the Corpus Christi Housing Finance Corporation (CCHFC), and the Corpus Christi Industrial Development Corporation (CCIDC). Of the three corporations, the Corpus Christi Community Improvement Corporation (CCCIC) is incorporated under the Texas Nonprofit Corporations Act and therefore appoints its own membership. The other two corporations, the CCHFC and CCIDC, require that the City Council make the appointments. Council Member At -Large Lillian Riojas was appointed to the CCHFC and CCIDC on January 27, 2015. Ms. Riojas resigned her position as a city council member effective February 24, 2016, subsequently creating vacancies on these corporations. Mr. Michael T. Hunter was appointed to fill the city council at -large seat vacated by Ms. Riojas on March 8, 2016. Thus, it is recommended that the Council appoint Mr. Hunter to replace Ms. Riojas on these corporations. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not Applicable. CONFORMITY TO CITY POLICY: Not Applicable. ONE READING / TWO READINGS One reading DEPARTMENTAL CLEARANCES: Legal Housing and Community Development FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital RI Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: Not Applicable RECOMMENDATION: Staff is recommending approval of the Motion as presented. LIST OF SUPPORTING DOCUMENTS: None. AGENDA MEMORANDUM Future Item for the City Council Meeting of April 12, 2016 Action Item for the City Council Meeting of April 19, 2016 DATE: February 17, 2016 TO: Ronald L. Olson, City Manager THRU: Mark Van Vleck, P. E., Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 CAPTION: Engineering Design Contract Signal Improvement and Street Lighting (Bond 2012) — Traffic Management Center Motion authorizing the City Manager, or designee, to execute a contract for professional services with Maldonado -Burkett Intelligent Transportation Systems, LLP (MBITS) of Corpus Christi, Texas in the amount of $697,785.18 to complete the design and implementation of the Traffic Signal Management Equipment in the new Traffic Management Center (TMC) (Bond 2012 Proposition 1 Signal Improvements & Street Lighting project) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a professional services contract for design of the Traffic Management Center. BACKGROUND AND FINDINGS: During the Fiscal 2015 Budget process Council approved a Street Operations Department decision package for purchase of an Automated Traffic Management System (ATMS). This system is used for management of traffic signal timing and coordination from a centralized location (a "Traffic Management Center") and replaces the on -street master controllers. Purchase of the ATMS was the first step towards developing a state-of-the-art centralized Traffic Management Center (TMC). Bond 2012 Proposition 1 included a $2,000,000 "Signal Improvements & Street Lighting" project. Creation of the new TMC is one of the activities planned under this project to "perform upgrades...and include electrical equipment to improve traffic safety and efficient traffic movement." The TMC will be located in the new Signs/Signals Building for which a separate Design -Build Contract was awarded by Council in October 2015 to Fulton/Coastcon. The building, also part of a voter approved Bond 2012 Proposition, includes a 1,000 SF section to house the new TMC in order to maximize operational efficiencies of the Street Operations Department and minimize overall construction costs. Maldonado -Burkett Intelligent Transportation Systems, LLP (MBITS) is the design engineer selected for design of the TMC under RFQ 2012-03. A previous small AE contract was issued to MBITS to develop a detailed scope and coordination of the TMC equipment and installation with building construction as well as to perform a basic inventory of City-wide traffic signals. Under the proposed contract, MBITS will perform a detailed field inventory of the traffic signal network design for 245 intersections, and 184 school zone flashers, and will identify equipment required to implement the new traffic signals/school zone flasher communications network into the new TMC. Design work also includes developing the IP (Internet protocol) addresses for all existing and planned field traffic systems to be implemented into the new TMC system. The following is a summary of the major tasks contained in this contract: • Concept of Operations — Provides written description of how the ATMS will be used in the TMC to manage traffic operations for the City. It can be used to develop performance measures to validate the ATMS. • ITS Master Plan & Communication Plan — Provides a comprehensive understanding of the City's existing communication infrastructure while providing for future traffic signal system needs with a more efficient communication system. • Operations and Maintenance Manual — MBITS will work with staff to develop a manual of operational and maintenance procedures. Other supporting documentation will be included as well as key contacts, operational procedures, maintenance procedures, and an appendix. • Advance Transportation Management System (ATMS) assistance — MBITS will work with the City in establishing ATMS protocols for various traffic situations so that the ATMS more effectively meets City needs. • Integration and Support — o MBITS will perform a field inventory of 245 intersections and 184 school zone flashers and will identify equipment needed to implement the new communications network. MBITS will also design an internet network. o MBITS will partner with Iteris for purchase and installation of equipment & software for a video wall (housing the hardware and electrical components), computer processor, TMC conference room monitors, audio system, and other miscellaneous elements for a complete project. o MBITS will perform end to end acceptance testing to ensure that all aspects of the TMC design operate per design to the City's satisfaction. A 3 -day training class will be held for all City staff users. o MBITS will provide 12 months system support upon complete system implementation. ALTERNATIVES: 1. Authorize execution of the contract. 2. Do not authorize execution of the contract. (Not Recommended) OTHER CONSIDERATIONS: Cost of individual contract tasks: TASK DOLLAR AMOUNT PERCENT of CONTRACT Concept of Operations $104,710.00 15% ITS Master Plan / Communication Plan $190,717.00 27% Operations & Maintenance Manual $42,020.00 6% Advance Transportation Mgmt. System Assistance $69,227.00 ° 10 /° Integration and Support — Equipment and Installation $105,746.00 ° 15/° Integration and Support — Warranty and Technical Support $45,116.00 6.5% Integration and Support — Testing and Training $18,226.00 ° 3 /° Additional Design Fees (Field Work, Meetings, Administrative Support) $122,023.18 17.5% Total Contract Price: $697,785.18 100% 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: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget (This element of work only) $800,000.00 $800,000.00 Encumbered / Expended Amount 33,717.52 33,717.52 This item $697,785.18 $697,785.18 Future Anticipated Expenditures This Project 52,500.00 52,500.00 BALANCE $15,997.30 $15,997.30 Fund(s): Street Bond 2012 RECOMMENDATION: City staff recommends execution of the contract with Maldonado -Burkett Intelligent Transportation Systems, LLP for $697,785.18 for the Traffic Management Center. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Contract Amendment Form 1295 PROJECT BUDGET ESTIMATE Signal Improvement Project Traffic Management Center BOND 2012 PROJECT FUNDS AVAILABLE: Street CIP $ 800,000.00 TOTAL 800,000.00 FUNDS REQUIRED: Construction (included in contract) N/A Construction Inspection (estimate) 3% 24,000.00 Design Fees: Preliminary Engineering (Maldonado -Burkett) 33,717.52 Detailed Design and Implementation (THIS ITEM) 697,785.18 Reimbursements: Total Reimbursements 28,500.00 Contract Administration (Engineering/Finance/Capital Budget) 12,000.00 Engineering Services (Project Mgt / Constr Mgt) 16,000.00 Misc. (Printing, Advertising, etc.) 500.00 TOTAL 784,002.70 ESTIMATED PROJECT BUDGET BALANCE $ 15,997.30 Traffic Management Center CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI Engineering Design and Implementation 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 limited liability partnership, 3833 South Staples Street, Suite N214, Corpus Christi, Nueces County, Texas 78411, (Consultant), hereby agree as follows: 1. SCOPE OF PROJECT Traffic Management Center (Project No. E15124) - This project includes a Communication Plan, Concept of Operations, Advance Transportation Management System Assistance, Operations and Maintenance Manual, ITS Support and Traffic Management Center (TMC) Infrastructure, Plan Layouts, Equipment, Installation and other services associated with the design or construction of the facility. This does the installation and configuration of TMC software integration at proposed facility. 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\ANGIEM\TRAFFIC\E15124 TRAFFIC MANAGEMENT CENTER\DETAILED DESIGN AND IMPLEMENTATION MBITS\15-1209 AE AGREEMENT.DOC 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 $697,785.18. 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 1 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:IENGINEERING DATAEXCHANGE.ANGIEMITRAFFICIE15124 TRAFFIC MANAGEMENT CENTERIDETAILED DESIGN AND IMPLEMENTATION MBITS115-1209 AE AGREEMENT.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 KIENGINEERING DATAEXCHANGEIANGIEMITRAFFRC1E15124 TRAFFIC MANAGEMENT CENTERIAMENDMENT 1 MBITS115-1209 AE AGREEMENT.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 KIENGINEERING DATAEXCHANGE ANGIEMITRAFFIC1E15124 TRAFFIC MANAGEMENT CENTERIAMENDMENT 1 MBITS115-1209 AE AGREEMENT.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 5 of 7 K4ENGINEERING DATAEXCHANGE4ANGIEM4TRAFFIC4E15124 TRAFFIC MANAGEMENT CENTER4AMENDMENT 1 MBITSN5-1209 AE AGREEMENT.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:l/www.cctexas.comlgovernmenticity-secretarvlconflict- 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:IENGINEERING DATAEXCHANGEUINGIEM5TRAFFIC\E15124 TRAFFIC MANAGEMENT CENTER.AMENDMENT 1 MBITS115-1209 AE AGREEMENT DOC CITY OF CORPUS CHRISTI J. H. Edmonds, P.E. Date Director of Engineering Services RECOMMENDED Operating Department Date APPROVED AS TO LEGAL FORM Legal Department Date 7APP VE\D %// // 4111 GA &14 0 ice of Management Da and Budget ATTEST Rebecca Huerta Date City Secretary MALDONADO-BURKETT INTELLIGENT TRANPORTATION SYSTEMS, LLP . Z./151 /4, Ramon H. Ma(onado, r., P.E. Date President-- 3833 South Staples Street, Suite N214 Corpus Christi, Texas 78411 (361) 236-4611 Office Project No. E15124 Accounting Unit: 3549-051 Account: 550950 Activity: E15124013549EXP J Account Category: 50950 V‘ .�.�I Fund Name: Street CIP Bond 2012 Encumbrance No. Contract for Professional Services Page 7 of 7 K.4ENGINEERING DATAEXCHANGESANGIEM4TRAFFIC1.E15124 TRAFFIC MANAGEMENT CENTERIAMENDMENT 1 MSITSl15-1269 AE AGREEMENT.DOC a M*LOOMAOO 141 :.1 1R\11%,...'1*1 October 29, 2015 Mr. Jeff Edmonds, P.E. Director Capital Programs 1201 Leopard Street Corpus Christi, TX 78401 Re: E15124 Traffic Management Center — Amendment No. 1 Dear Mr. Edmonds: MBITS is proposing an Amendment to proceed with the design of the Traffic Management Center. Below is a summary along with fees associated with this project. E15124 - Traffic Management Center Amendment No. 1 This proposal will include defined Tasks (see attachment) for a total of 5697,785.18. Contents This package will include a Communication Plan, Concept of Operations, Advance Transportation Management System Assistance, Operations and Maintenance Manual, ITS Support and TMC Infrastructure, plan layouts, equipment, installation and other services associated with the design or construction of the facility. This package will not include front end documents, fiber splicing or installation of conduits. Schedule Schedule is still to be determined based on award and beginning of construction of the facility by others. If you have any additional questions please let us know. Best regards. Ramon H. Maldonado Jr., P.E. cc: Jerry Shoemaker, P.E. Chris Hale, P.E. Raymond Chong, P.E. Jorge Salinas Tony Salinas 77a5 Wif StcliN v9a1t5 b.Yl) %WU.''i1 11.Sr14 i11A% •n.'4i • 011. 511 9•6 f EXHIBIT "A" Page 1 of 7 a Task A - Concept of Operations (To be Completed by MBITS) The concept of operations is the first examination of ideas for implementing Intelligent Transportation System (ITS) technologies and processes. It provides guidance and direction to transportation agencies to help ensure that subsequent actions and procurements result in the type of facilities and systems that best serve the agency's needs in a cost effective manner. It also assures that ITS operational needs are consistent with the resources and policies of the responsible agencies. The concept of operations receives input from the relationships, roles, needs, goals, plans, and programs of the responsible and implementing agency. It provides important outputs to be used in defining the type of system to be implemented; and in planning for associated operations and maintenance processes. It also supports training and documentation to ensure effective personnel performance. It considers and establishes the processes by which a City's traffic management center (TMC) will monitor and manage ITS network performance. The City of Corpus Christi plans to implement an Advanced Transportation Management System (ATMS) to operate and control traffic signals and school flashers throughout the metropolitan area. The ATMS will be managed from the City's new TMC facility. The purpose of this Concept of Operations document is to provide a description of how the ATMS will be used to manage traffic operations for the City. This document will provide a non-technical explanation of the ATMS operational concept from the viewpoints of various stakeholders. The Concept of Operations document will define the stakeholders agreement as to how ATIVIS is to be operated, which agencies (and who in within each agency) is responsible for what functions, and what lines of communication among agencies are. This document will state the high level function, system, and user requirements of the ATMS. This document can also be used to develop measures of effectiveness for validation of the ATMS. The list of elements to be in the Corpus Christi Metropolitan Area document include: Services to be provide by MBITS: 1. Operational Descriptions a. Activities b. Order of operations c. Process procedures d. Organizational structure 2. Operational Needs a. City goals and objectives b. Improvements to the existing systems 3. System Overview a. Relationships of system components b. Interfaces c. System capabilities/functions d. Goals and objectives City of Corpus Christi Traffic Management Center — Project Scope 1 EXHIBIT "A" Page 2 of 7 4. Operational and Support Environment a. Facilities b. Equipment c. Hardware/software d. Personnel e. Operational procedures f. Operational support g. Maintenance 5. Operational Scenarios a. Description of Traffic Management Center (TMC) operations from different user's perspectives for up to five scenarios ranging from normal to stress/failure conditions. See Exhibit A for related fees. Task B — Intelligent Transportation Systems (ITS) Master Plan and Communication Plan (To be Completed by MBITS) The ITS Master Plan and Communication Plan will be developed by the project team to provide a comprehensive understanding of the City's existing communication infrastructure; as well as future needs in support of the future traffic signal system network. This plan will enable the City to more efficiently and effectively use its current communication infrastructure assets; improve the cost effectiveness of providing ongoing system maintenance; and provide a methodology for future planning efforts. The report will include the following: 1. Introduction a. Purpose b. Goals and Objectives 2. Existing Communication Infrastructure a. City b. State c. County d. Police Department e. Fire Department f. Transit, Metropolitan Planning Organization (MPO) & Corpus Christi Regional Transportation Authority (CCRTA) 3. Planned Communication Infrastructure a. City City of Corpus Christi Traffic Management Center — Project Scope 2 EXHIBIT "A" Page 3 of 7 b. State (Master Plan received from State) c. County (Master Plan received from County) d. Transit, MPO & CCRTA 4. Communications Requirements a. Concept of Operations b. Communication Network Requirements i. Center to Center ii. Center to Field c. Protocols and Standards d. Design Requirements 5. Communication Alternative Analysis a. Network Architecture b. Communication Approach 6. Communication Technology Evaluation a. Fiber Optic b. Wireless c. Lease Lines 7. Implementation Plan and Schedule 8. Cost Estimate 9. Recommendations 10. City to incorporate Acyclia, an equipment software package the City is currently testing, and utilize it for analyzing traffic data and reducing congestion. 11. Map of planned future signals and ITS devices with Pan Tilt Zoom cameras, Digital Message Signs, and Bluetooth locations. 12. Description of Master ITS plans/vision See Exhibit A for related fees. City of Corpus Christi Traffic Management Center — Project Scope 3 EXHIBIT "A" Page 4 of 7 Task C — TMC Operations and Maintenance Manual (To be Completed by Iteris) The project team will develop a TMC Operations and Maintenance Manual to document operations procedures, maintenance procedures, and supporting documentation. The manual will be developed with input from City staff to help identify and document appropriate procedures. The manual will include: • Key Contacts — Defines the key contacts that interface with the TMC (e.g. emergency, key city personnel, other jurisdictions) • Operational Procedures — Defines the key functions conducted from the TMC and the operator interfaces with the TMC systems • Maintenance Procedures — Defines the routine and preventative maintenance and procedures for emergency maintenance • Appendix — Includes compilation of vendor maintenance manuals, training manuals, and warranty information See Exhibit B for related fees. Task D — Advanced Transportation Management System (ATMS) (MBITS to Assist City and Paradigm) A major component of the Concept of Operations is the section which describes ATMS activities during various operational scenarios; including interactions among agencies staff involved. This includes agency policies that may influence ATMS operations and the resources provided by each agency. Operational scenarios will be based on realistic responses to traffic operations. Some examples of this follow below: Services to be provided by MBITS. A. MBITS to conduct Stakeholder meetings. 1. Prioritize corridors See Exhibit A for related fees. Task E — Integration and Support (To be Completed by MBITS and Iteris) Later in the ATMS project development the system requirements will be created from the identified agency and user needs. The system requirements documents will then be written in more technical terms so as to be very clear and verifiable. All the agencies in the TMC will read and follow the document throughout the life of the ATMS. However the document should be updated when necessary to accurately reflect how the system actually operated and used. Task E.1 Traffic Signal System Assessment and Network Design Services to be provided by MBITS & Iteris • Task E.1.A —The MBITS Team will perform a field inventory, limiting the inventory and network design to 245 intersections and 184 school zone flashers, and identifying equipment required to implement the new network. Services to be provided by Iteris City of Corpus Christi Traffic Management Center — Project Scope 4 EXHIBIT "A" Page 5of7 • Task E.1.B — Develop an Internet Protocol (IP) Network design and IP schematic that can be used as the basis for the Traffic Network; design will be documented with the systems architecture design and IP schematic • Task E.1.0 — Develop the IP addressing for all existing and planned field systems Task E.2 —TMC Architecture and System Design To Be Completed by lteris Develop and document TMC Architecture and system design. See Exhibit B for related equipment and fees. Task E.3 —TMC Equipment Procurement and Coordination Iteris will procure and install the following equipment: • Video Wall • Visual Control Station Processor • TMC Conference Room Monitor • Miscellaneous Installation Components • Voice Mail System Option • Audio System Install equipment provided by Iteris as shown in Exhibit B. Task E.4 — Acceptance Testing and Training Services to be provided by Iteris Upon completion of Tasks E.1 -E.3, MBITS Team will conduct end to end Acceptance Testing to ensure all aspects of the design operate per design and to the city's satisfaction. Prior to any testing MBITS Team staff will complete a three-day training class for city staff. In this manner staff will have an option to oversee and participate in the testing. Task E.5 — Virtual Private Network (VPN) and Network Management Support Services to be provided by Iteris MBITS Team will provide 12 months system support once system implementation is completed. In support of this task, MBITS Team will implement a VPN with the city's TMC network to ensure that MBITS Team can provide thorough on-going maintenance support. Support is only for 12 months and only for equipment provided by the MBITS team. The 12 months of support consists of 100 hours over the 12 month period. This does not cover equipment provided by the City or other outside sources. There will be three submittals for each document (draft, revised draft, and final) and three meetings (initial input, review of comments on draft, and review of comments on revised draft). City of Corpus Christi Traffic Management Center — Project Scope 5 EXHIBIT "A" Page 6 of 7 MECHNICAL A108 SERVER A105 Willinirirlirigr a l l U 11 kJ ILS jl is IJ u 'J1 t1) 11 11 R N . , CA' 45VIDEO WALL FLOOR OONDLETAND ACCESS BONS 1 CONSOLE CONSOLE STARCH 1 TRAFFIC SIA1ON2 MANAGEMENT CENTER A104 LI FLOOR CONONIRAND ACCESS BOOZES el ctC H I" I — EXHIBIT "A" Page7of7 Corpus Christi TMC Layout 1 SCALE: W • 1'.O 1 our/45I Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. xxxxxx Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% 20,818 0 0 20,818 1,000 500 1,500 7% 0 0 0 0 0 0 0 n/a 14,166 0 0 14,166 0 0 0 n/a 0% 0 0 0 0 0 0 O $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% $0 $0 $0 $0 $0 $0 $0 n/a 0 0 0 0 0 0 0 n/a 9,011 0 0 9,011 0 0 0 0% 29,090 0 0 29,090 0 0 0 0% 1,294 0 0 1,294 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $39,395 $0 $0 $39,395 $0 $0 $0 0% $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% 39,395 0 0 39,395 0 0 0 0% $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% MIMI►YYI CITY OF CORPUS CHRISTI --- DISCLOSURE OF INTEREST City of Chrpus 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: Maldonado -Burkett Intelligent Transportation Systems, LLP P. O. BOX: STREET ADDRESS: 3833 S. Staples St. Suite N219 FIRM IS: 1. Corporation 4. Association e CITY: Corpus Christi ZIP: 78411 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 N 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 KJ1A- 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." NameI Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Ramon H. Maldonado Jr., P.E. Title: President (Type or Print) Signature of Certifying Person: DEFINITIONS Date: Z ite %/C 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." "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. g. Corpus Chr sti Engineering Traffic Management Center Council Presentation April 12, 2016 Project Location �hrsti Engineering The new Signs/Signals Building is at the Service Center complex next to the Solid Waste/Streets Building 2 Project Layout 111 �hrsti Engineering 3 Traffic Management Center Corpus Ch r .1C1110 Corpus Traffic Management Center includes three components: 1. A new 1,000 SF location with the new Streets & Signs building as part of Bond 2012 2. A new Advanced Traffic Management System software server approved in the Street Department FY 2015 Operational Budget. 3. Integration of new software and hardware with existing and planned traffic signal network for a state-of-the-art Traffic Management Center (This Item) Project Scope �hrsti Engineering This contract includes the following deliverables/actions: • Concept of Operations Manual • Communication Plan • Advance Transportation Management System (ATMS) assistance • Operations and Maintenance Manual • Integration and Support • Equipment and Installation • System Testing and Training • Detailed field inventory of the traffic signal network design for 245 intersections and 184 school zone flashers Project Schedule �hrsti Engineering 2016 2017 Mar Apr May Jun Jul Aug Sep Nov Dec Jan Feb Design/Construction Project Estimate: 365 Calendar Days fftaa 12 Months CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested ONLY OF FILING parties. OFFICE USE CERTIFICATION Certificate Number: 2016-3188 Date Filed: 01/14/2016 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. E15124 Engineering Services and Field Work related to Traffic Management Center 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. • . . " ".¢H. ROSE LAHR MY COMMISSION EXPIRES • .; . Noeerrber 8, 2018 AFFIX Sworn 20 NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the it. to certify which, witness my hand said R4A•ty Signature of a orized ag nt of contracting business entity HI day of January , - N 124.4--.De-/.4.0,0 -.1,2 this the /3- and seal of office. . Q.osc LART t A6sr 13t1 PG( Mcr 12 Ofk ignature o fficer 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 V1.0.34032 AGENDA MEMORANDUM Future Item for the City Council Meeting of April 12, 2016 Action Item for the City Council Meeting of April 19, 2016 DATE: TO: Ronald L. Olson, City Manager March 23, 2016 THRU: Mark Van Vleck, P.E., Assistant City Manager MarkVanVleck@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 FROM: Dan Grimsbo, Interim Director of Water and Utilities DanG@cctexas.com (361) 826-1718 Jeffrey H. Edmonds, P.E., Director, Engineering Services JeffreyE@cctexas.com (361) 826-3851 Enqineerinq Desiqn Contract O.N. Stevens Raw Water Influent Improvements CAPTION: Motion authorizing the City Manager, or designee, to proceed with design, bid and construction phase services by executing Amendment No. 4 with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $650,729 for a total restated fee not to exceed $2,639,549 for O.N. Stevens Raw Water Influent Improvements. PURPOSE: The purpose of this agenda item is to obtain authority to execute an engineering design contract for proposed Raw Water Influent Improvements at the O.N. Stevens Water Treatment Plant. CIP DESCRIPTION: ONSWTP Raw Water Influent Improvements The existing raw water piping configuration and Raw Water Junction Box at the O.N. Stevens Water Treatment Plant limit the hydraulic capacity to less than treatment capacity of the Plant. In addition, existing piping makes it difficult to split incoming water flow between the four treatment trains. This project proposes to eliminate all hydraulic constrictions in the front end piping, which allows raw water to be routed through the Pre -sedimentation Basin, and allows a passive flow split between the four treatment trains. Construction will begin after completion of the American Electric Power (AEP) Texas Central Company Transmission Line Realignment. This project also includes demolishing the existing old maintenance building which reached its service life and is blocking the proposed piping route, and build a new one. BACKGROUND AND FINDINGS: This is an approved Capital Improvement Plan (CIP) project that implements modifications to the plant hydraulics that will increase the potential plant capacity from 161.5 Million Gallon per Day (MGD) to 200 MGD. In January 2010, the City awarded an Architect/Engineer (A/E) design contract to Freese and Nichols, Inc. (FNI) to provide development plans for the raw water influent infrastructure improvements. The design included a new raw water junction box to receive three influent lines, new influent metering station, new control metering station, new intake structure in the pre - sedimentation basin, and associated instrumentation, supervisory control and data acquisition (SCADA) controls, and demolition work. FNI completed the preliminary design in 2011. However, it was determined that an existing AEP transmission line must be adjusted to safely implement the improvements and for future operations. The adjustment relocated a section of the AEP line and raised the height of the line to improve clearance. AEP completed the work in February 2016 that allows the design to proceed. DESCRIPTION OF CONTRACT AMENDMENT: This contract amendment addresses the AEP adjustments and revises the scope to increase the proposed raw water influent pipelines from three to four lines from the Nueces River Pump Station to the raw water junction box. This improves capacity and provides redundancy critical to the operations and maintenance. Another revision is the coordination of the construction for this project with the ONSWTP Chemical Feed Optimization project. This will minimize disruption of operations and will increase project efficiencies. The following is a summary of the tasks: • Update the site plan with the AEP line and 4th influent pipeline • Update hydraulic model for the plant with the additional influent pipeline • Expand influent metering station and junction structure • New chemical injection vaults and rapid mix structures • Power distribution upgrades • Demolition and relocation of existing maintenance building • Coordination of the construction documents with the Chemical Feed Optimization project ALTERNATIVES: 1. Authorize the execution of the engineering design contract. 2. Do not authorize the execution of the engineering design contract. (Not Recommended) OTHER CONSIDERATIONS: Freese and Nichols, Inc. was selected for this project through Request for Qualifications No. 2007- 05 Capital Improvement Plan Projects FY 2008-2009 Scoping, Estimating, Design Services. CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $5,026,000 $4,000,000 $9,000,000 $18,026,000 Encumbered / Expended Amount $2,052,900 $2,052,900 This Item $650,729 $650,729 Future Anticipated Expenditures This Project $15,306,774 $15,306,774 BALANCE $2,973,100 $3,349,271 ($6,306,774) $15,597 Fund(s): Water CIP #6 Comments: This project requires approximately 1,290 calendar days with anticipated completion in December 2019. The contract will result in the expenditure of an amount not to exceed $650,729. RECOMMENDATION: City Staff recommends approval of design, bid and construction phase services by executing Amendment No. 4 with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $650,729 for a total restated fee not to exceed $2,639,549 for O.N. Stevens Raw Water Influent Improvements. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation Form 1295 PROJECT BUDGET O.N. STEVENS RAW WATER INFLUENT IMPROVEMENTS FUNDS AVAILABLE: Water CIP $ 18,026,000 FUNDS REQUIRED: Construction : Construction Estimate (Estimate) 13,000,000 Contingency (10%) 1,300,000 Construction Observation (Estimate) 360,000 Construction Material Testing (Estimate) 30,000 Engineering and Testing: Engineer Contract - Freese and Nichols, Inc 2,639,549 Engineer Original Contract - Freese and Nichols, Inc.* 47,500 Engineer Amendment No. 1 - Freese and Nichols, Inc.** 1,880,000 Engineer Amendment No. 2 - Freese and Nichols, Inc.*** 49,431 Engineer Amendment No. 3 - Freese and Nichols, Inc.**** 11,889 Engineer Amendment No. 4 Freese and Nichols, Inc (This Item) 650,729 Geotechnical Testing Original and Amd. No. 1 (Rock Engineering)***** 135,084 Reimbursements: Total Reimbursements. 545,770 Administration/Finance (Engineering/Capital Budget/Finance) 225,325 Engineering Services (Project Mgmt) 315,445 Misc 5,000 TOTAL $ 18,010,403 PROJECT BUDGET BALANCE $ 15,597 *Original contract administratively approved on May 27, 2008 **Amendment No. 1 approved by City Council on January 12, 2010 by Motion No. M2010-013 ***Amendment No. 2 administratively approved on November 20, 2011 ****Amendment No. 3 administratively approved on December 1, 2014 *****Original testing contract approved by City Council on September 21, 2010 by Motion No. M2010-223 CALALLEN q Ncrthwe1 BjvJ 1SLItitic Mei- di furl ErW* /H .37 --mitmerma ILJp RI"r I Project Location O.N. Stevens Water Treatment Plant VICINITY MAP NOT TO SCALE 1 C.) Z. 0 45 ,O• Project Number: 8643 O.N. Stevens Raw Water Influent Improvements CITY COUNCIL EXHIBIT inikol CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI AMENDMENT NO. 4 CONTRACT FOR ENGINEERING DESIGN The City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("City") and Freese and Nichols. Inc. ("Consultant"), agree to the following amendments to the Contract for Professional Services for O.N. Stevens Raw Water Influent Improvements (Project No. 8643): Original Agreement May 27, 2008 Administrative Approval $47,500.00 Amendment No. 1 January 12, 2010 Motion No. M2010-013 $1,880,000.00 Amendment No. 2 November 20, 2011 Administrative Approval $49,431.00 Amendment No. 3 December 1, 2014 Administrative Approval $11,889.00 In the Original Contract, Exhibit "A", Section 1. Scope of Services shall be amended as set forth in the attached Amendment No.4, Exhibit "A". In the Original Contract, Section 3. Fees shall be amended based on the modified scope of services in the attached Amendment No. 4, Exhibit "A" for a fee not to exceed $650,729.00, for a total restated fee not to exceed $2,639.549.00. All other terms and conditions of the May 27, 2008 Contract for Professional Services between the City and Consultant, and of any amendments to that contract, which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI FREES ND NICHOLS, INC. J.H. Edmonds, P.E. Date R n G zma , P.E. Date Director of Engineering Services Principal 800 North Shoreline Blvd., Suite 1600N Corpus Christi, TX 78401 RECOMMENDED (361) 561-6500 Office Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date APPROVED Office of Management and Budget Date ATTEST City Secretary Date Project Number 8643 Accounting Unit 4096-062 Account 550950 Activity 180415014096EXP Account Category 50950 Fund Name Water 2015 CP KMENG NEERING DATAEXCHANGEUENNIFERIWATbR18648ONE RAW WATER INFL4;ENT .MPROVEMENTSSFNMMENDMENT NO 4ICONTRACTICONTRACT DOC REV 10/1/15 r� NICHOLS 800 N. Shoreline Blvd., Suite 1600N • Corpus Christi, Texas 78401 • 361-561-6500 • fax 361-561-6501 February 3, 2016 Ms. Valerie H. Gray, P.E. Executive Director, Public Works City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Re: O. N. Stevens Raw Water Influent Improvements, City Project No. 8643 Amendment No. 4 Dear Valerie: Innovative approaches Practical results Outstanding service www.freese.com Freese and Nichols, Inc. (FNI) is pleased to submit our professional services amendment for the O.N. Stevens Raw Water Influent Improvements project. We have prepared our proposed amendment for Project No. 8643 relative to the relocation of the O.N. Stevens WTP Maintenance Building and re-initiation of the project following the AEP relocation. The building is being relocated to make way for the raw influent improvement piping and hydraulic structures at the headworks of the plant, as well as to provide for operational space for the chemical feed improvements as part of the AEP ROW agreement. FNI will coordinate with LNV, Inc. (LNV) to combine FN1's raw water influent and LNV's chemical feed improvement projects into one design, bid, and construction package, including a joint Basis of Design memorandum, updated pipeline alignments and hydraulic analysis, and combined bid and construction phase services. We are proposing the following changes to the Scope items under Exhibit A, Part 1. Scope of Services: A. Basic Services (Maintenance Building Relocation): 2. Design Phase: o. Conduct Project Kickoff Meeting and prepare meeting agenda and meeting minutes and distribute to project participants within 5 days of the meeting. p. Request available reports, record drawings, utility maps, and other information provided by the City pertaining to the project area. Provide topographic survey (by sub) of the site. q. Coordinate with the City's project manager to identify the operating department's potential project needs to include up to (1) project coordination meeting. r. Identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project, to include permitting, environmental, historical, construction, and geotechnical issues. s. Design Maintenance Building improvements for O.N. Stevens WTP for an approximately 8400 SF new facility to be relocated on site to include separate offices for the I/E Manager and the Maintenance Manager, as well as common office, break, conference, and restroom facilities for the Maintenance and I/E workers, and two I/E shops (clean/dirty) and one Maintenance shop, with a shared overhead crane between the Maintenance shop and the I/E (dirty) shop. AMEND. NO. 4 EXHIBIT "A" Page 1 of 11 Design to include utility connections along Hearn Rd. and site design for parking lot and scrap/storage yard, as well as Pre -Sedimentation Basin spillway contour restoration — existing maintenance facility demolition to be part of Amendment 5. t. Prepare (1) set of Construction Bid and Contract Documents in City format using City Standards as applicable, including Contract agreement forms, general conditions and supplemental conditions, notice to bidders, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid -related items, project description, specifications and drawings, materials list, project/construction schedule, quantities, and cost estimate. u. Provide (1) hard copy and one electronic copy of 60% and pre -final interim plans, accompanied by an anticipated specification list at 60% and draft specifications at pre -final, for City review and comment, to include a Plan Executive Summary, which will identify, as needed: • Building Size • Material Selection • Permit Requirements • Utility Requirements • Standard Specifications • Non-standard Specifications • Unique construction or maintenance requirements • Cost alternatives • Status of action items v. Attend (2) interim review meetings with the City, and assimilate all review comments, modifications, additions/deletions, and proceed to the next level of design, providing meeting agenda and meeting minutes, to be distributed within 5 working days of the review meeting. w. Provide QA/QC measures to ensure that submittal of the interim 60% and pre -final and Construction plans accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. x. Upon approval by the Executive Director of Public Works, provide (1) set of signed sealed plans and contract documents in hard copy and electronic format for use by the City to bid the project. y. Provide monthly progress reporting throughout the design phase 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, 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 f. City Control survey — provide bench marks and coordinates or plant control system g. Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. h. Provide the budget for the Project specifying the funds available for the construction contract. 1. Provide electronic copy the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase: The A/E will perform Bid Phase services to include the following: a. Participate in the pre-bid conference and provide a recommended agenda for critical construction activities and elements impacted the project. Page 2 of 11 AMEND. NO. 4 EXHIBIT "A" Page 2 of 11 a. Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. b. 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. c. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. d. 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. 5. Prepare Agenda Memorandum and PowerPoint presentation in City format for City Council Meeting to award construction contract. 6. Provide monthly progress reporting throughout the bid phase The City staff will: 1. Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. 2. 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. 3. Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. 4. Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Phase. The A/E will perform contract administration to include the following: a. Participate in pre -construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make (3) 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 contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. h. As applicable, review and assure compliance with plans and specifications, the preparation of operating and maintenance manuals (by the Contractor) for all equipment installed on this Page 3 of 11 AMEND. NO.4 EXHIBIT "A" Page 3of11 Project. These manuals will be in a "multimedia format" suitable for viewing with Microsoft's Internet Explorer, version 3.0. As a minimum the Introduction, Table of Contents, and Index will be in HTML (HyperText Markup Language) format, with HyperText links to the other parts of the manual. The remainder of the manual can be scanned images or a mixture of scanned images and text. Use the common formats for scanned images - GIF, TIFF, JPEG, etc. Confirm before delivery of the manuals that all scanned image formats are compatible with the image -viewing software available on the City's computer - Imaging for Win95 (Wang) and Microsoft Imaging Composer. Deliver the manuals on a CD-ROM, not on floppy disks. i. Review construction "red -line" drawings, prepare record drawings of the Project as constructed (from the "red -line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings within two (2) months of final acceptance of the project. All drawings will 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. j. Attend (6) monthly construction progress meetings k. Provide (6) monthly progress reports throughout the construction phase The City staff will: a. Prepare applications/estimates for payments to contractor. b. Conduct the final acceptance inspection with the Engineer. B. Additional Services (Allowance) (Maintenance Building Relocation): 11. Permit Preparation: a. Provide a TDLR permit and inspection to confirm ADA compliance 12. Right-of-Wav (ROW) Acquisition Survey: (Not Authorized) 13. Construction Topographic Survey: (Not Authorized) a. Provide Construction Staking by establishing base survey controls for line and elevation staking (horizontal control only) — but not a detailed construction staking of lines and grades or building corners, which will be the Contractor's responsibility under a separate contract. b. Provide Construction Staking by establishing base survey controls for line and elevation staking — but not a detailed construction staking of lines and grades or building corners, which will be the Contractor's responsibility under a separate contract. c. All work will be tied to and conform with the City's Global Positioning System (GPS) control network and tie to a minimum of two (2) plant coordinate monuments. 14. Environmental Issues: (Not Authorized) a. Identify and develop a scope of work for any testing, handling, and disposal of hazardous materials or contaminated soils that may be discovered during construction. 15. Construction Observation Services: (Not Authorized) Provide a project representative (PR) to provide periodic construction inspection. Page 4 of 11 AMEND. NO.4 EXHIBIT "A" Page 4 of 11 a. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, the A/E shall endeavor to provide further protection for the CITY against defects and deficiencies in the work. b. The duties and responsibilities of the PR are described as follows: 1. General: PR will act as directed by and under the supervision of A/E, and will confer with A/E regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with A/E and Contractor, keeping the CITY advised as necessary. 2. Conference and Meetings: Attend meetings with Contractor, such as pre -construction conferences, progress meetings, job conferences and other project -related meetings as required by the City, and prepare and circulate copies of minutes thereof. 3. Liaison: A. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. B. PR shall communicate with CITY with the knowledge of and under the direction of A/E 4. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. 5. Shop Drawings and Samples: A. Receive Samples, which are furnished at the Site by Contractor, and notify of availability of Samples for examination. B. Record date of receipt of Samples and approved Shop Drawings. C. Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. 6. Review of Work and Rejection of Defective Work: A. Conduct on -Site observations of Contractor's work in progress to assist A/E in determining if the Work is in general proceeding in accordance with the Contract Documents. B. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise City and A/E of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. C. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. 7. Records: A. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, A/E's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. B. Prepare a daily report utilizing approved City format, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, Page 5 of 11 AMEND. NO. 4 EXHIBIT "A" Page 5 of 11 decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to A/E and the City. 8. Reports: A. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. B. Report immediately to the CITY and A/E the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the work, and property damaged by fire or other causes. C. Provide project photo report on CD-ROM at the rate of a minimum of two photographs per day, including an adequate amount of photograph documentation of utility conflicts. 9. Completion: A. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. B. Participate in a final inspection in the company of A/E, the CITY, and Contractor and prepare a final list of items to be completed or corrected. C. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. 16. Start -Up Services: (Not Authorized) 17. Warranty Phase Services: Provide a maintenance guaranty inspection toward the end 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 the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 18. Windstorm: (Not Authorized) Perform structural design in accordance with Texas Department of Insurance Windstorm Code. During construction perform inspections of critical structural items in order to provide documentation to TDI for building certification (WPI -8 certificate). File required forms with TDI for certification. 19. Geotechnical Investigation: a. Provide geotechnical report by an engineer licensed to practice in the State of Texas to investigate subsurface soils and make recommendations to support building foundation design. b. Provide one copy of the geotechnical report to the City in order to provide soil parameters, OSHA soil type classification and recommendations needed by the contractor/engineer to design braced excavations for installation of underground utilities, which they can use during the bid and construction phases. c. Provide two borings to termination depth of 25 feet within the footprint of the building. Scope of the Proposed Subsurface Investigation 1) Coordination with Texas One Call to identify underground utilities in the proximity of the boring/core locations. The borings/cores will be relocated if necessary. Page 6 of 11 AMEND. NO.4 EXHIBIT "A" Page 6 of 11 2) Soil samples will be obtained at predetermined depths, unless subsurface conditions warrant additional sampling. 3) The borings will be advanced to the depths specified above. 4) Groundwater readings will be obtained during drilling and immediately upon completion of the drilling operations. 5) After obtaining the delayed groundwater readings, the open boreholes will be backfilled with excess soils obtained during the drilling operations; the base material will be replaced in the boreholes and patched with cold mix. Scope of Laboratory Testing Program • Supplementary Visual Classification (ASTM D2487) • Water Content Tests (ASTM D2216) • Atterberg Limits Tests (ASTM D4318) • Unconfined Compressive Strength Tests (ASTM D2166) • Percent Material Finer Than The #200 Sieve Tests (ASTM D1140) • Potential of Sulfate Attack on Concrete or Lime Stabilized Soil (Standard Method E300) All phases of the laboratory testing program will be performed in general accordance with applicable ASTM Specifications. All field and laboratory test results will be included on the boring logs or provided in the report. d. Geotechnical Engineering Report In addition to the field and laboratory testing, a geotechnical engineering report will be prepared that includes a description of the field exploration and laboratory tests, boring logs, a discussion of the engineering properties of the subsurface materials encountered, trench excavation design parameters, OSHA soil type classification, utility trench recommendations, foundation design recommendations and pavement recommendations for the proposed project The City will: 1. Provide access for the Geotechnical Boring crew 2. Provide access for the Topographic Survey crew 3. Provide access for the ADA reviewer or Texas Department of Licensing and Regulation to perform reviews and inspections as necessary at all phases of construction 4. Provide access for the structural engineer to perform a Texas Department of Insurance Windstorm Inspection as necessary at all phases of construction Page 7of11 AMEND. NO. 4 EXHIBIT "A" Page 7 of 11 A. Basic Services (Raw Water Influent Improvements): 2. Design Phase: z. Due to 4 -year Project halt due to AEP transmission line relocation effort, conduct A/E familiarization through review of preliminary engineering report, CAD drawings, subsurface utility engineering investigations, geotechnical report, hydraulic calculations, draft construction sequencing and demolition requirements, meeting minutes, action items tracker, decisions made tracker, and other applicable design documents. aa. Conduct Project Re-initiation Meeting with A/E Team to familiarize all team members with the project, where the design stopped, the AEP transmission line design updates, and the path forward on project activities. bb. Conduct Project Re-initiation Meeting with City and A/E. Prepare meeting agenda prior to this meeting, and prepare meeting minutes for distribution to project participants within 5 business days of the meeting. cc. Coordinate with LNV and lead effort to develop a Basis of Design memorandum, including raw water improvements design criteria and chemical feed requirements. Send draft memorandum to the City, address comments, and finalize the memorandum. dd. Attend up to two (2) additional meetings with City staff during the duration of the design phase to discuss the project as a whole, assimilate all review comments, modifications, additions/deletions, providing meeting agenda and meeting minutes, to be distributed within 5 working days of the review meeting. ee. Redesign the pipeline alignments and structure configurations based on the final AEP transmission line alignment (AEP design files and AEP final construction staking points for all new pole locations) and chemical feed system improvements. This realignment also includes rerouting of large diameter pipelines to/from the pre -sedimentation basin. The redesigned components of the project will be incorporated into the master submittal. ff. Preliminary routing of an additional, fourth raw water line from the plant boundary to the proposed raw water junction structure. This line will not be fully designed or installed, but will be planned for in the future. The fourth raw water line may be installed on a subsequent construction project. gg. Additional hydraulic analysis and updating of the hydraulic profile will be required for rerouting of project components. hh. Design modifications to the upstream raw water metering structure include installation of a minimal length (maximum of 50 LF) of a fourth raw water pipeline with pipe supports, piping, and spool pieces designed, as well as dishhead plugs on each end for future connections. This will involve structural and mechanical modifications to the junction structure. No flow meter or electrical power or controls will be included for this additional line. ii. Design modifications to the raw water junction structure include installation of a minimal length (maximum of 50 LF) of a fourth raw water pipeline on the influent side of the structure with a dishhead plug, as well as design of a manual fabricated gate in the structure for isolation. This will involve structural and mechanical modifications to the junction structure. No actuator or electrical power or controls will be included for this additional line. jj. Attend up to two (2) additional site visits and coordination meetings with ONSWTP staff to discuss realignments and site plan, including preparation of discussion topics and providing site visit memorandum and decision items. kk. Coordination with LNV for design of four (4) rapid mix structures at the connection point or upstream of each primary sedimentation basin, including structural design by FNI. Mechanical treatment design and sizing will be by LNV. Page 8 of 11 AMEND. NO. 4 EXHIBIT "A" Page 8 of 11 0. Coordination with LNV for design of four (4) chemical injection vaults and facilities, including structural design of the chemical injection vaults by FNI. Mechanical treatment design and sizing will be by LNV. mm. Attend up to two (2) additional meetings with City staff to discuss rapid mix and chemical feed design, assimilate all review comments, modifications, additions/deletions, providing meeting agenda and meeting minutes, to be distributed within 5 working days of the review meeting. nn. Design the demolition of the existing ONSWTP maintenance building (full demolition of the structure, slab and all interior components that the City desires for demolition, salvage, and removal). oo. Coordinate the site civil of the site including drainage, grading, analysis of existing features, and any required appurtenances with LNV. LNV will lead site civil design. pp. Coordinate with LNV and lead effort in sequencing construction with raw water influent improvements and chemical feed improvements. Develop a construction sequencing plan and specification. qq. Conduct and attend up to two (2) additional meetings with City staff to discuss construction sequencing, assimilate all review comments, modifications, additions/deletions, providing meeting agenda and meeting minutes, to be distributed with 5 working days of the review meeting. rr. Coordinate with LNV and lead effort in combining draft submittal plans and specifications into one review package for the City at both the 60% and 100% deliverable stages. ss. Prepare for and present at City required submittal meetings at the 60% and 100% project deliverable stages, prior to City review. tt. For the added design components of this amendment, provide QA/QC measures to ensure that submittal of the interim 60% and pre -final and Construction plans accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff for the additional design components. uu. Provide monthly progress reporting of the combined FNI/ LNV project throughout the design phase for the additional design components. vv. Electrical and instrumentation design for design basis memorandum, power upgrades, and demolition of existing maintenance building (BY BATH ENGINEERING) 3. Bid Phase: The A/E will perform Bid Phase services to include the following: f. Coordinate with LNV and lead effort in combining construction plans and specifications into one bid package. g. Upon approval by the Executive Director of Public Works, provide (2) sets of signed sealed plans and contract documents in hard copy and electronic format for use by the City to bid the project for the additional design components. h. Additional bid phase services related to construction of the additional influent pipeline, rapid mix structures, chemical injection vaults, and demolition of the existing maintenance building, including answering bidders' questions, preparation of any addenda and any other revisions necessary to inform contractors of approved changes prior to bidding. This additional bid phase effort includes leading the bid phase for the combined FNI/ LNV project. i. Additional bid phase services related to electrical and instrumentation for power upgrades, and demolition of existing maintenance building (BY BATH ENGINEERING) 4. Construction Phase. The A/E will perform contract administration to include the following: j. Coordinate with LNV and lead effort in construction phase services, including leading construction phase administration and coordinating reviews. Page 9 of 11 AMEND. NO. 4 EXHIBIT "A" Page 9 of 11 • k. Additional construction phase services related to construction of the additional influent pipeline at the meter and junction structures, structural design of the rapid mix structures, structural design of the chemical injection vaults, and demolition of the existing maintenance building, including review of up to ten (10) additional shop drawings and submittals, review of up to three (3) additional test reports, interpretations and clarifications of the contract documents for up to five (5) RFI's or field orders, and additional record drawing preparation. I. Attend and lead up to six (6) additional monthly construction progress meetings and site visits with Contractor & City staff for the joint construction project, assimilate all review comments, modifications, additions/deletions, providing meeting agenda and meeting minutes, to be distributed within 5 working days of the review meeting. m. Additional electrical and instrumentation construction services for power upgrades, and demolition of existing maintenance building. B. Additional Services (Allowance) )Raw Water Influent Improvements): 20. Automated Concepts: At the request of the City (Mark Van Vleck) in July 2009, FNI coordinated the services of Automated Concepts to provide a chlorine unloading control panel including panel fabrication and testing, instrumentation and control components, software development and testing, installation of the panel at the designated location at ONSWTP, onsite wiring and connection, and testing and checkout of panel operation. FNI was directed by Mark Van Vleck and Alex Barabanov to handle this item as an amendment for the Raw Water Influent Project. FNI also coordinated testing and checkout of the panel in presence of City representatives. C. Schedule The following is updated project schedule for the project, including new design components addressed in this amendment. ACTIVITY TASK LEADER DATE Continue Design Phase FNI Date of Notice to Proceed Draft Design Basis Memo FNI 3 Weeks after Notice to Proceed City Review of Draft Design Basis Memo The City 2 Weeks following receipt of Draft Design Basis Memo Final Design Basis Memo FNI 2 Weeks following receipt of City Comments 60% Submittal & Submittal Meeting FNI 24 Weeks after Notice to Proceed City Review of 60% Submittal Complete The City 4 Weeks following 60% Submittal 60% Submittal Review Meeting FNI 2 Weeks following Receipt of City Comments 100% Submittal & Submittal Meeting FNI 12 Weeks after City Review Meeting City Review of 100% Submittal Complete The City 4 Weeks following 100% Submittal 100% Submittal Review Meeting FNI 2 Weeks following Receipt of City Comments Final Issued for Bid Submittal FNI 4 Weeks following 100% Submittal Meeting Advertise for Bids The City/ FNI 4 Weeks following Final Issued for Bid Submittal Page 10 of 11 AMEND. NO.4 EXHIBIT "A" Page 10 of 11 ACTIVITY TASK LEADER DATE Pre -Bid Conference The City/ FNI 2 Weeks after Advertise for Bids Receive Bids The City/ FNI 4 Weeks after Advertise for Bids Begin Construction (Notice to Proceed} FNI 8 Weeks after Bid Opening Construction Complete 24 Months after Notice to Proceed In the Amendment No. 4, EXHIBIT "A", PART 3. FEES, SECTION C. SUMMARY OF FEES shall be modified for a revised fee not to exceed $650,729.00 (Six Hundred Fifty Thousand Seven Hundred Twenty Nine Dollars and No Cents), for a total restated fee not to exceed $2,639.549.00 (Two Million Six Hundred ThirtvIine Thousand Five Hundred Forty Nine Dollars and No Cents). Sincerely, Ron Guzman, P.E. Principal cc: file Page 11 of 11 AMEND. NO. 4 EXHIBIT "A" Page 11 of 11 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees EXHIBIT B SAMPLE PAYMENT REQUEST FORM COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 07/27100 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0°,6 TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 _ $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% Contract for Professional Services Exhibit B SUPPLIER NUMBER TO BE ASSIGNED BY L:11 Y 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: Freese and Nichols, Inc. P. O. BOX: STREET ADDRESS: 800 N. Shoreline, Suite 1600N FIRM IS: I . Corporation 4. Association CITY: Corpus Christi 2. Partnership 8 5. Other ZIP: 78401 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) NA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3°'0 or more of the ownership in the above named "firm." Name Title NA 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 NA 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 NA FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action wiII 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 1 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: Ron Guzman, P.E. Title: Principal (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. O.N. Stevens Water Treatment Plant Raw Water Influent Improvements Project No. 8643 Corpus Chr'sti Engineering Council Presentation April 12, 2016 1 1a Project Location c.c,00a Si CALAELEN Northwest BI,0 n Su r011ct.r. Project Location O.N. Stevens Water Treatment Plant Corpus Chr sti Engineering 2 Project Location 011 Cous Chr sti Comps Engineering 3 00)1k. Original Project Concept Corpus Chr sti Engineering Implements modifications to the plant hydraulics that will increase the potential plant capacity from approximately 160 MGD to approximately 200 MGD • Maximum Permitted Flow = 161.5 MGD • Correct a Hydraulic Issue limiting plant capacity when considering future needs • Future Needs = Approximately 200 MGD 2008 Original Project Concept 011 Cous Chr sti Comps Engineering 2-54" Influent Pipelines 1-72" Influent Pipeline 4-54" Pipelines 2-72" Pipelines Junction Structure Influent Metering Station 4- Rapid Mix & Valve Vault Structure Control Metering Station AEP Easement Splitter Box -Intake Structure Pre -Sedimentation Basin Embankment Existing Conditions 011 Cous Chr sti Comps Engineering CAPACITY RESTRICTIONS AEP Line REVISED AEP `Easement Influent Metering Station 2-54" Influent Pipelines 1-72" Influent Pipeline Embankment Pre -Sedimentation Basins 6 Preferred Project Concept Corpus Chr'sti Engineering 2-54" Influent Pipelines 1-72" Influent Pipeline 4- Rapid Mix & Valve Vault Structure 4-54" Pipelines Control Metering Station Junction Structure Influent Metering Station Influent Metering Station AEP Easement Pre -Sedimentation 2- Intake Structures Basin Embankment Project Halt Corpus Chr sti Engineering • Conflict with AEP transmission line identified during preliminary design • City decision to proceed forward because of Las Brisas water need. • Design was halted at approximately 40% in 2010 awaiting for relocation of AEP transmission line. ➢ Easement pre -dated the WTP ➢ Prevented full City use of plant property • Agreement reached with AEP during 2012-2014 • AEP re -engineered and relocated the line ➢ Original Budget of $5.6M > Actual Cost of $3.4M ➢ Relocation Substantially Complete February 2016 Proposed Site Improvements ICEr*it,.. Corpus chr sti Engineering ,4T----;r14-14wirrirdi if I, --140 Influent Metering Station (Expanded/ Relocated) 3-54" Influent Pipelines 1-72" Influent Pipeline ij -=- 4- Valve Vault Structures New Rapid Mix/ Chemical Feed Structure(s) Maintenance Building Relocated to SE of Plant Property Junction Structure (Expanded/ Relocated) NIA Existing Piping and Structure Demolition Proposed Amendment Scope C1* Corpus Chr sti Engineering • Update the site plan with the AEP line and 4th influent pipeline • Update hydraulic model for the plant with the additional influent pipeline • Expand influent metering station and junction structure • New chemical injection vaults and rapid mix structures • Upgrade power distribution • Demolition and relocation of existing maintenance building • Coordination of the construction documents with the Chemical Feed Optimization project Project Schedule Corpus Chr'sti Engineering 2016 2017 2018 2019 M J J A S 0 N D J F M A M J J Design A S 0 N Bid & Award D J F M A M J J A S 0 N D J F M A M J J A S 0 N D Construction Project Estimate: 1,290 Calendar Days = 43 Months Projected Schedule reflects City Council award in April 2016 with anticipated construction completion by December 2019. 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. Freese and Nichols, Inc. Corpus Christi, TX United States Certificate Number: 2016-9375 Date Filed: 02/04/2016 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. 8643 - ONSWTP Engineering design services for the O. N. Stevens Water Treatment Plant 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Hatley, Tricia Oklahoma City, OK United States X New, John San Antonio, TX United States X Payne, Jeff Dallas, TX United States X Haster, Thomas Fort Worth, TX United States X Nichols, Michael Austin, TX United States X Pence, Robert Fort Worth, TX United States X Lemons, Ron Fort Worth, TX United States X Gooch, Thomas Fort Worth, TX United States X Herchert, Robert Fort Worth, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT /0747,,. LISA BOGGS 'r." `= Notary Public, State of Texas *` My Commission Expires fli „vi'••, 06/25/2019 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. �� gnature of authorized agent of contracting business entity 4r1 6 u 7 Man , this the S day of Fedeaarri Phi tc�re 20 to certify which, witness my hand and seal of office. Lisa 13v y5tJ Xl_ii4 of officer admi g oath Printed name of dministering oath Title of officer ad nistering 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 April 12, 2016 Action Item for the City Council Meeting of April 19, 2016 DATE: TO: Ronald L. Olson, City Manager March 23, 2016 THRU: Mark Van Vleck, P.E., Assistant City Manager MarkVV@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 FROM: Dan Grimsbo, Interim Director of Water and Utilities DanG@cctexas.com (361) 826-1718 Jeffrey H. Edmonds, P.E., Director, Engineering Services JeffreyE@cctexas.com (361) 826-3851 Engineering Design Contract O.N. Stevens Facilities Feed Optimization Improvements CAPTION: Motion authorizing the City Manager, or designee, to execute an Engineering Design contract with LNV, Inc. of Corpus Christi, Texas in the amount of $1,091,812 for O.N. Stevens Facilities Feed Optimization Improvements for design, bid and construction phase services. PURPOSE: The purpose of this agenda item is to obtain authority to execute an engineering design contract needed for the O.N. Stevens Facilities Feed Optimization Improvements. BACKGROUND AND FINDINGS: This is an approved Capital Improvement Plan (CIP) project to modernize the chemical storage and chemical feed systems at the O.N. Stevens Water Treatment Plant (ONSWTP) that optimizes the dosage, reliability, monitoring and control of water treatment chemicals. These improvements are also needed to meet requirements of Texas Commission on Environmental Quality (TCEQ) Rules and Regulations 30 TAC 290.42., and support future plans to increase water treatment capacity at ONSWTP. The existing chemical feed equipment is beyond its useful service life resulting in costly maintenance with obsolete technology. CIP Description: O.N. Stevens Chemical Facilities (Alum, Fluoride, Polymer and LAS) Existing chemical storage and feed facilities (Alum, Fluoride, Polymer, and Liquid Ammonium Sulfate) at ONSWTP require upgrades in order to meet minimum TCEQ requirement and to optimize system performance. In addition, the existing Fluoride facilities require rehabilitation to increase safety in storage, handling and feed. These feed system components require replacement for optimal dosage and reliable monitoring control of water treatment chemicals. This project includes the following major elements: • Replaces the chemical feed systems for alum, polymer and liquid ammonium sulfate with the associated instrumentation, electrical, and structural improvements • Improves the sedimentation basin hydraulics • Replaces the caustic pumps • Relocates the existing chlorine delivery system to new chemical feed structure • Provides a feasibility study for alkalinity adjustment to address high turbidity and low alkalinity conditions during storm water events To minimize the impacts to operations and achieve cost efficiencies, the construction will be combined with ONSWTP Raw Water Influent Improvements project and awarded as one construction contract. The combined construction is anticipated to be complete at the end of 2019. A previous project for the Fluoride is already under construction to address safety concerns with that chemical feed process. LNV, Inc. was selected for this project through Request for Qualifications No. 2007-05 Capital Improvement Plan Projects FY 2008-2009 Scoping, Estimating, Design Services. ALTERNATIVES: 1. Authorize the execution of the engineering design contract. 2. Do not authorize the execution of the engineering design 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: Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $2,705,000 $3,770,000 $7,240,000 $13,715,000 Encumbered / Expended Amount $26,300 $26,300 This Item $1,091,812.00 $1,091,812 Future Anticipated Expenditures This Project $10,837,425 $10,837,425 BALANCE $2,678,700 $2,678,188 ($3,597,425) $1,759,463 Fund(s): Water CIP #4 Comments: This project requires approximately 1,290 calendar days with anticipated completion in December 2019. The contract will result in the expenditure of an amount not to exceed $1,091,812. RECOMMENDATION: City Staff recommends approval of an Engineering Design contract with LNV, Inc. of Corpus Christi, Texas in the amount of $1,091,812 for O.N. Stevens Facilities Feed Optimization Improvements for design, bid and construction phase services. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation Form 1295 PROJECT BUDGET O.N. STEVENS FACILITIES FEED OPTIMIZATION IMPROVEMENTS FUNDS AVAILABLE: Current Water CIP $ 8,595,000 Future Additional Water CIP Request 5,120,000 TOTAL FUNDS AVAILABLE $ 13,715,000 FUNDS REQUIRED: Construction: Construction Estimate (TBD) 9,100,000 Contingency (10%) 910,000 Construction Observation Services Estimate (TBD) 340,000 Design and Testing: Engineer - LNV (THIS ITEM) 1,091,812 Testing Estimate (TBD) 30,000 Reimbursements: Total Reimbursements. 483,725 Administration/Finance (Engineering/Capital Budget/Finance) 205,725 Engineering Services (Project Mgmt) 273,000 Misc 5,000 TOTAL 11,955,537 PROJECT BUDGET BALANCE 1,759,463 CALALLEN q Ncrthwe1 BjvJ 1SLItitic Mei- di /H .37 --mitmerma ILJp RI"r I Project Location O.N. Stevens Water Treatment Plant VICINITY MAP NOT TO SCALE NtiCS/?/1117, 1 Project Number: E12211 O.N. Stevens Facilities Feed Optimization CITY COUNCIL EXHIBIT ell CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI CONTRACT FOR ENGINEERING DESIGN 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 LNV, Inc. , a Texas corporation, 801 Navigation, Suite 300, Corpus Christi, Texas 78408, (Consultant), hereby agree as follows: 1. SCOPE OF PROJECT O.N. Stevens Facilities Feed Optimization Improvements (Project No. E12211)—This project allows for upgrades to existing chemical storage and feed facilities at O.N. Stevens Water Treatment Plant in order to meet minimum Texas Commission on Environmental Quality (TCEQ) requirements and to optimize system performance. In addition, the existing Fluoride facilities require rehabilitation to increase safety in storage, handling, and feed. These feed systems components require replacement for optimal dosage and reliable monitoring control of water treatment chemicals. 2. SCOPE OF SERVICES The Consultant hereby agrees to perform services to complete the Project, as detailed in Exhibit "A". In addition, Consultant will provide monthly status updates (project progress or delays presented with monthly invoices) and provide contract administration services, as described in Exhibit "A", to complete the Project. Work will not begin on Additional Services until requested by the Consultant (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3. ORDER OF SERVICES The Consultant agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. FEE The City will pay the Consultant a fee as described in Exhibit "A" for providing services authorized, a total fee not to exceed $1,091,812.00. Monthly invoices will be submitted in accordance with Exhibit "B". Contract for Professional Services Page 1 of 7 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E12211 ONS FACILITY FEED OPTIMIZATION IMPROVEMENTS\CONTRACT\CONTRACT.DOC 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\WATER\E12211 ONS FACILITY FEED OPTIMIZATION IMPROVEMENTS\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\WATER\E12211 ONS FACILITY FEED OPTIMIZATION IMPROVEMENTS\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\WATER\E12211 ONS FACILITY FEED OPTIMIZATION IMPROVEMENTS\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 term ination. 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 5 of 7 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E12211 ONS FACILITY FEED OPTIMIZATION IMPROVEMENTS\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 010, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. 15. ENTIRE AGREEMENT AND CONTROLLING LAW This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 16. CONFLICT RESOLUTION BETWEEN DOCUMENTS Consultant hereby agrees and acknowledges if anything contained in the Consultant - prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. Contract for Professional Services Page 6 of 7 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E12211 ONS FACILITY FEED OPTIMIZATION IMPROVEMENTS\CONTRACT\CONTRACT.DOC CITY OF CORPUS CHRISTI J.H. Edmonds, P.E. Date Director of Engineering Services RECOMMENDED Operating Department Date APPROVED AS TO LEGAL FORM Legal Department APPROVED Date Office of Management and Budget ATTEST Date Rebecca Huerta City Secretary Date Project Number E12211 Accounting Unit 4093-062 Account 550950 Activity El 2211014093EXP Account Category 50950 Fund Name Water 2013 RVBD 801 Navigation, Suite 300 Corpus Christi, Texas 78408 (361) 883-1984 Office (361) 883-1986 Fax Contract for Professional Services Page 7 of 7 vne.rnurernrun IN .r. evnu.uner re•r•nrern..r. rern C4.,.. nuc r.nn rry rem" nrrrn or •rrnu r1.nnnirc..c•rrel nn•rrn•nrrnn.rrn•nr nnn EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS O.N. STEVENS FACILITIES FEED OPTIMIZATION IMPROVEMENTS PROJECT NO. E12211 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Architect/Engineer-A/E (also referred to as Consultant) will: • 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. Prepare geotechnical investigation findings (see additional services). d) Request 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. Develop preliminary street cross section recommendations. Prepare conceptual life cycle cost estimate with recommended pavement sections using Federal Highway Administration (FHWA) Real -Crest Program. 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. Develop drainage area boundary map for existing dosed drainage areas served. proposed systems. Include the analysis of inlet capacity. Identify electric and communication utility companics and private pipelinc companies that may havc cxisting facilitics and must rclocatcd to accommodatc the proposed improvements. Coordinate with AEP and City Traffic Engineering to identify location of electrical 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 req uirements. • Review City provided preliminary Traffic impact asscssment and providc recommendation for integration and/or additional requirements as appropriate. p) Prepare an Engineering Letter Report (20 — 25 page main -body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic - EXHIBIT "A" Page 1 of 10 Revised November 26, 2013 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. 2. Include summary output tables from Hydraulic and Hydrologic analyses. 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. affect. 7. Provide anticipated index of drawings and specifications. 8. Provide a summary table & required ROW parcels q) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. 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 Engineering Letter Report as scheduled by City Project Manager. t) Assimilate all City review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. -64 Assist City in presenting summary of EL R findings to the Bicycle and' ectrian Subcommittee and the Transportation Advisory Committcc (TAC). Prepare PowerPoint presentation, handouts and exhibits for meeting. Provide follow up and -response to comments. City staff will provide one set only of the following information (as applicable): a) Electronic index and database of City's record drawing and record information. b) Requested record drawings, record information in electronic format as available from City Engineering files. b) The preliminary budget, specifying the funds available for construction. c) A copy of existing studies and plans. (as available from City Engineering files). d) Field location of existing city utilities. (A/E to coordinate with City Operating Department) e) Applicable Master Plans and GIS mapping are available on the City's website. f) City Control survey Bench marks and coordinates. g) Preliminary Traffic impact assessment. EXHIBIT "A" Page 2 of 10 Revised November 26, 2013 The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and only for the intended purpose of this project. Anv unauthorized use or distribution of the records 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. 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". 1. - - - -- -- - ----- - _ • • will include construction sequencing, typical suss section and standas sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. e) Furnish one (1) set of the interim plans (60% submittal - electronic and 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. 1. 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. 2. 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. g-) Provide one (1) set of the pre final plans and bid documents (90% submittal ecution summary, project checklist and plan checklist. meeting meetings to attendees within five working days of the meeting. and spccifications, and advisc City of responding and non responding participants as appropriate and, upon Notice to Proceed. i) Provide one (1) set of the final (100%) plans (unsealed and unstamped - electronic and full-size hard copy using City Standards as applicable) for City's final review. EXHIBIT "A" Page 3 of 10 Revised November 26, 2013 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 full-size 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.. I) 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 Exhibit "A-2" for required form. n}) Provide copy of contract documents along with appropriate fee to Texas acccssibility rcquircmcnts for pcdestrian 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. b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide electronic copy the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Prepare draft Authorization to Advertise (ATA). b) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. c) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. d) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. f) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re -advertise that particular portion of the Project for bids. EXHIBIT "A" Page 4 of 10 Revised November 26, 2013 g) Prepare Agenda Memoranda and PowerPoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The A/E will perform contract administration to include the following: a) Participate in pre -construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. c) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Review, evaluate and recommend for City consideration Contractor Value Engineering proposal. h) Attend final inspection with City staff, provide punch list items to the City's Construction Engineers for contractor completion, and provide the City with a Certificate of Completion for the project upon successful completion of the project. i) Review Contractor -provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. EXHIBIT "A" Page 5of10 Revised November 26, 2013 B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following:: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: - - - L.1 in the ar b. TxDOT utility and environmental permits, multiple use agreements c. Wetlands Delineation and Permit d. Temporary Discharge Permit c. NPDES Pcrmit/Amcndmcnts (including SSC, NOI NOT) f. Texas Commission of Environmental Quality (TCEQ) Pcrmitc/Amcndmcnts g. Nueces County h. Texas Historical Commission (THC) U.S. Fish and Wildlife Service (USFWS) j. U.S. Army Corps of Engineers (USACE) k. United States Environmental Protection Agency (USEPA) Texas Department of Licensing and Regulation (TDLR ) Texas General Land Office (TGLO) Right of Way (ROW) Acquisition Survey. All work must comply with Category 1 A, Condition I specifications of the Texa.,Seciety-ef-P-r-efescional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformancc with the City's GlobalPesitioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. Perform surveys to determine apparent right of way widths. 14) Research plats, ROW maps, deed, easements, and survey for fence corners, existing apparcnt ROW. NE must obtain Prcliminary Titic Reports from a local title company and provide copies of the title reports to the City. Preliminary Titic 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 NE to develop the proposed alignment and its position relative to the existing an-d-p-r-epoccd ROW. This prcliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. Prepare Metes and Bound Instrument with supporting exhibits as required and agrccd upon, cubccqucnt to ELR acccptancc for ROW parccls, utility accmcnts and tcmporary construction easements. EXHIBIT "A" Page 6 of 10 Revised November 26, 2013 3. Topographic Survey anti Panel Deccriptionc All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. c) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. — the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and 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 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. Set property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Mctcs and bounds dcccriptions muct indicatc parent tract areas based on the most accurate information available. Strip map casements within the parccls to be acquired ad se within adjacent parcels must be shown. Prepare individual signed and sealed parcel maps and legal dcccriptionc for the required right of way acquisition for parcels and easements. A strip map showing fees may be required in resolving boundary conflicts between Owners. NE shall submit parcel maps and legal descriptions prior to the 60% submittal. and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 5. Public Involvement. Participate in two public mcctings. Onc public mccting cha1l—bc held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, PowerPoint presentations, his and exhibits for meetings. Provide follow up and response to citizen City. Prepare notices, handouts and exhibits for public information meetings. EXHIBIT "A" Page 7 of 10 Revised November 26, 2013 6. Subsurface Utility Investigation Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C I, 38 02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro excavation. The proposed subsurface utility investigation will be as follows: Excavation The survey scope includes working with a -subsurface utility cavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves thc use of nondestructive digging equipment at critical points to determine thc at this quality Icvcl will bc physically located and tied to the topographic 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—pasts, etc., and correlatinginformation with existing utility records.) These utilities will locations. Storm Water Storm water facilities within thc project limits will bc located to Quality Level C. Locations will be based on the surveyed Iocat of accessible storm water manholes and drainage inlets. Wastewater Wastewater facilities within the project limits will be located to Quality Level C. Locati-answill be based on the surveyed Iocat of accc ciblc wastewater manholes. Wastewater lines that arc not to bc construction related excavation shall be located at Quality Level A. Water Water facilities within the project limits will be located to Quality Level C. C by the A/E. The City of Corpus Christi Gas Department will provide Quality Level A. The A/E will coordinate this activity. } Inform local franchisee-w#ase utilities fall within the footprint of construction related excavation of the potential for encountering their utility lines during construction. Construction Observation Services. To Be Determined. 8. Warranty Phase. Provide a maintenance guaranty inspection toward the end 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 the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 9. Start -Up Services EXHIBIT "A" Page 8 of 10 Revised November 26, 2013 Provide services as described in Exhibit A-1. 10. Provide SCADA Documentation Provide services as described in Exhibit A-1. 11. Project Coordination Services Provide services as described in Exhibit A-1. 12. Control System Integration Provide services as described in Exhibit A-1. 13. Operations and Maintenance Manual and Training Provide services as described in Exhibit A-1. 14. Windstorm Provide services as described in Exhibit A-1. 15. Process Automation System Development Provide services as described in Exhibit A-1. II. SCHEDULE ACTIVITY DURATION DATE PRELIMINARY PHASE 4 MONTHS 4 MONTHS AFTER NTP DESIGN PHASE 11 MONTHS 15 MONTHS AFTER NTP BID PHASE 4 MONTHS 19 MONTHS AFTER NTP CONSTRUCTION PHASE 17 MONTHS 36 MONTHS AFTER NTP III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 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, A/E will submit monthly statements for services rendered. The statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E's monthly statements. EXHIBIT "A" Page 9 of 10 Revised November 26, 2013 B. Fee for Additional Services. 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 Basic Services Fees 1. Preliminary Phase $152,237 2. Design Phase $524,317 3. Bid Phase $13,620 4. Construction Administration Phase $212,112 Subtotal Basic Services Fees $902,286 Additional Services Fees (Allowance) 1. Permit Preparation $24,949 3. Topographic Survey and Parcel Descriptions* $1,600 8. Warranty Phase $11,200 9. Start -Up Services $14,946 10. Provide SCADA Documentation $26,576 11. Project Coordination Services $24,940 12. Control System Integration $5,931 13. Operations and Maintenance Manual & Training $14,349 14. Windstorm $4,660 15. Process Automation System Development $60,375 Sub -Total Additional Services Fees Authorized $189,526 Total Authorized Fee $1,091,812 *Additional Services which are requested to be authorized in coordination with the notice to proceed for Basic Services. EXHIBIT "A" Page 10 of 10 Revised November 26, 2013 EXHIBIT "A-1" (Provides supplemental description to Exhibit 'A'. Task List does not supersede Exhibit 'A'.) CITY OF CORPUS CHRISTI, TEXAS O.N. Stevens Facilities Feed Optimization Improvements Project No. E12211 TASK LIST PROJECT BACKGROUND O.N. Stevens WTP Facilities Feed Optimization Improvements is based upon the analysis and recommendations made for alum, polymer, and liquid ammonium sulfate (LAS) facilities, along with select elements of sedimentation basin hydraulic improvements, and alkalinity adjustment (referenced as Lime Slurry Feed and Storage System) outlined in the Facility Analysis Engineering Report for the O.N. Stevens Water Treatment Plant (ONSWTP) provided under City of Corpus Christi Project No. 8426 and also the Draft Design Memorandum for the ONSWTP Facilities Feed Optimization Improvements provided under Amendment No. 1 of City of Corpus Christi Project No. 8605 as submitted in January 2011. In addition, caustic pumps replacement and chlorine feed point modifications are proposed herein. PURPOSE The purpose of this project is to provide select improvements for alum, polymer, LAS, caustic, chlorine, and sedimentation basins, which will include: chemical storage, chemical feed, chemical injection, instrumentation, electrical, and structural improvements. It will also include a feasibility study to address proper alkalinity adjustment during turbidity and alkalinity excursions associated with storm events. The above will be provided through basic and additional services in accordance with the Agreement between ENGINEER and OWNER. This contract will be combined with the Raw Water Influent Improvements project (City Project 8643, by others) into one bid package. The Scope of Work is as follows: Basic Services: 1. Preliminary Phase 2. Design Phase 3. Bid Phase 4. Construction Phase Additional Services: 1. Permitting 2. Topographic Survey 3. Warranty Phase EXHIBIT "A-1" Page 1 of 19 4. Start-up Services 5. SCADA Documentation 6. Project Coordination 7. Control System Integration 8. Operations and Maintenance Manual and Training 9. Windstorm 10. Process Automation and System Development PROJECT ASSUMPTIONS The following assumptions have been used to develop the Scope of Services and budget for this project. 1. The improvements shall be accomplished as a traditional design -bid -build project. 2. The deliverables will be combined with the Raw Water Influent Improvements project (City Project 8643, by others). LNV, Inc. and others will be responsible for the scope of services outlined in respective contracts. Others will package combined plans, specs, for bidding purposes. LNV, Inc. will coordinate with others with regard to combining bid packages and avoiding overlapping design. PROJECT ELEMENTS The O.N. Stevens WTP Facilities Feed Optimization Improvements will consist of the following major elements: Chemical Storage Improvements (Designed for 200 MGD plant capacity) a. Bulk and day tank storage will be provided for alum and polymer. Existing polymer tanks will be used for West LAS Storage as appropriate, and Alum tanks will be replaced. A new day tank will be provided for LAS. b. Existing containment areas will be re -used or re -purposed when possible. Chemical Feed Improvements a. New flow -paced metering pumps for feeding of alum, polymer, LAS and caustic will be provided. b. Two (2) uninstalled spare flash mix pumps shall be specified for replacement of in-service pumps for alum as needed. 3. Chemical Injection Point Modifications a. New injection points for alum and polymer will be provided at the new flash mix and valve structures upstream of the four sedimentation basins. Direct inject chemical diffusers will also be provided as redundancy for alum and polymer. EXHIBIT "A-1" Page 2 of 19 Injection points for LAS and the existing chlorine delivery system will be relocated to a new chemical feed structure. This will also include rerouting of chemical feed piping. 4. Sedimentation Basin Hydraulic Improvements Plant No.1 a. For each basin, demolish the primary sedimentation basin influent channel and construct a concrete ported distribution wall to help distribute flow along the width of the basin, and to reduce short-circuiting of flow through the basin. b. For each basin, demolish the 4 -foot wide by 5 -foot high gate used to bypass the center mixing tank between the primary and secondary sedimentation basins. Expand the opening to 8 -foot wide by 6 -foot high. This is required to reduce the head loss through the opening at the future plant design flow of 200 mgd. c. Seal the hydraulic connection between the two secondary sedimentation basins. Plant No. 2 a. For each basin, demolish the primary sedimentation basin influent channel and construct a concrete ported distribution wall to help distribute flow along the width of the basin, and to reduce short-circuiting of flow through the basin. b. For each basin, demolish the 4 -foot wide by 5 -foot high gate used to bypass the center mixing tank between the primary and secondary sedimentation basins. Expand the opening to 8 -foot wide by 6 -foot high. This is required to reduce the head loss through the opening at the future plant design flow of 200 mgd. 5. Instrumentation and Controls New instrumentation and controls will be provided for the alum, polymer, and LAS facilities to provide flow measurements for flow -paced chemical injection, monitor individual tanks levels, calculate current chemical inventories and assist in chemical storage leak detection. Existing instrumentation and controls will be modified as necessary for the new caustic feed pumps. 6. SCADA and Integration The Contractor will provide all integration services. SCADA and integration design services will be provided for alum, polymer, LAS and caustic accordingly to modernize the plant control system to improve the optimization and control of chemical addition, provide flow -paced control, and support the redundant controller systems to improve overall plant control and reliability. All new and relocated instrumentation will be integrated into the Plant SCADA HMI system via new and existing PLC installations. EXHIBIT "A-1" Page 3 of 19 7. Electrical Feed Improvements Necessary electrical feed improvements will be provided to serve alum, polymer, and LAS improvements accordingly. These improvements will serve the pumps, receptacles, instrumentation, area lighting, and area buildings. The "PCR #8 and PCR #9 5kV Loop Completion" work includes the following: • Complete the 4.16kV North / South redundant feeder power distribution tie between existing PCR's #8 and #9 switchgear to include underground ductbank, manholes "MH6" and "MH6A", #500kCM Cable / terminations and the fiber optic cable tie between patch panels located at PCR #8 and PCR #9. • The Pre -Sedimentation Basin Low Lift Pumps, (3 - 125hp each), refeed from PCR #8. This includes underground ductbank and surface raceway to/at the pump station as well as 480V motor T -leads and motor local control wiring between the pump station and PCR #8. Also 480V refeed to the station "mini power center" from PCR #8. • 480V refeed to the "mini power centers",( one for each), at Decant Structures #1 and #2 from PCR #8 • Demolition of electrical and instrumentation devices, conduit and associated appurtenances attached and local to the Raw Water Metering Pit, the Raw Water Junction Box, the Raw Water Receiving Unit and Chemical Feed Pumps. • Demolition of the Low Lift Pump Station Motor Control Center and Transformer. Also the 4.16kV temporary overhead feeder, (and poles), between PCR #8 switchgear and the Low Lift Pump Station MCC. 8. Civil Site Work Pavement repairs and overall grading/drainage improvements will be made as outlined in the Draft Design Memorandum for the ONSWTP Facilities Feed Optimization Improvements. It is estimated that approximately 62,000 SF of pavement repair will be required. In addition, this contract includes all civil site work associated with or adjacent to the facilities proposed in the Raw Water Influent Improvements project. Any pavement which has been cut, broken, or otherwise damaged during construction will be repaired or replaced. 9. Structural Improvements a. Sun shade canopies and/or enclosures will be provided to protect all pumps for alum, polymer and LAS. b. New containment area will be provided for South Alum System. EXHIBIT "A-1" Page 4 of 19 c. The containment area for the West Alum System will be adequately expanded. d. The containment area for the West Polymer System may need to be expanded to provide adequate operation and maintenance access and will be evaluated and in the preliminary design phase. e. Slab on grade foundations and conventional spread footings will be considered for proposed foundations. 10. Alkalinity Adjustment ENGINEER will provide a feasibility study to address proper chemical, storage, delivery and injection systems to adjust alkalinity during excursions associated with storm runoff events where alum is used in excess. Cost estimates will be provided for alternatives considered. 11. Demolition and/or Abandonment of Existing Structures and/or Systems The following will be demolished in their entirety: a. Alum • North alum storage, feed and yard piping system • West alum feed and yard piping system b. Polymer • North polymer storage, feed and yard piping system • West polymer feed and yard piping system c. LAS • West LAS storage, feed and yard piping system d.Chlorine • Chlorine piping west of sedimentation basins and injection points e. Caustic • Caustic feed pumps/VFDs SCOPE OF SERVICES All tasks shown below are associated with the improvements shown in the above Project Elements section ONLY. A. BASIC SERVICES PART 1 - PRELIMINARY DESIGN PHASE TASK 1.0 DESIGN BASIS MEMORANDUM Design criteria will be developed and refined for process and equipment sizing, site layouts, sample/representative process control descriptions, construction phasing requirements, preliminary instrumentation and control diagrams and cost estimates as appropriate for a Preliminary level of design. Included in this task are the following subtasks: EXHIBIT "A-1" Page 5 of 19 1.1 Data Collection Review plant operational data and procedures in the field to confirm approaches to be used in preliminary design. 1.2 Design Basis Memorandum Prepare a Design Basis Memorandum that addresses the alum, polymer, LAS, caustic, chlorine, alkalinity adjustment feasibility and sedimentation basin design criteria for the O.N. Stevens WTP Facilities Feed Optimization Improvements. The Design Basis Memorandum shall be composed of a series of chapters addressing the major project elements. The Memo will document the critical design criteria and assumptions, including 15-30% Drawings, process and equipment selection, mechanical and structural layouts, and cost estimates for the project elements. The overall intent of the Design Basis Memorandum is to document the critical design criteria, design considerations, and provide a description of the recommended improvements. It is not the intent to evaluate every possible alternative or to make wholesale changes to the existing processes. The Design Basis Memorandum will address the following components: 1.2.1 Design Criteria Summarize the intent of the project, and present the Basis of Design for the project in tabular form, listing each process element and key information for associated equipment, such as number and size of units, capacities, etc, for those project elements that will be designed. 1.2.2 Chemical Storage Improvements Develop preliminary design concepts for chemical storage, both bulk and day tank, facility improvements for alum, polymer and LAS. 1.2.3 Chemical Feed Improvements Develop preliminary design concepts for flow -paced chemical feed facilities for alum, polymer, LAS and caustic. 1.2.4 Chemical Injection Improvements Develop preliminary design concepts for relocating or making improvements upon existing chemical injection points for alum, polymer, LAS and chlorine. EXHIBIT "A-1" Page 6 of 19 1.2.5 Sedimentation Basin Hydraulic Improvements Develop preliminary design concepts to improve flow distribution and decrease head losses in the sedimentation basins. 1.2.6 Instrumentation and Controls Develop preliminary design concepts for instrumentation and controls for alum, polymer, LAS and caustic. 1.2.7 SCADA Develop preliminary design concepts for SCADA for alum, polymer, LAS and caustic. 1.2.8 Electrical Improvements Develop preliminary design concepts for the electrical improvements for alum, polymer, LAS and caustic. 1.2.9 Alkalinity Adjustment Develop feasibility study and cost estimates which address proper chemical, storage, delivery and injection system to provide additional alkalinity during storm events where alum is used in excess. 1.2.10 Civil Site Work Develop preliminary design concepts for civil site work improvements including roadways, grading and drainage. 1.2.11 Structural Improvements Develop preliminary design concepts for structural improvements 1.3 Preparation of Preliminary Contract Documents Prepare Preliminary Plans based on the Design Basis Memorandum and the decisions from the Design Workshop and as selected by the OWNER. Drawings shall be prepared on 11" x 17" sheet format per the OWNER's standards using AutoCAD software. Drawings shall be provided with text file format that index file name with sheet number. The Preliminary Contract Documents shall include: a. Site plans EXHIBIT "A-1" Page 7 of 19 b. Facility layouts of process structures c. Mechanical plans, pipe routing & cross sections d. Process flow diagrams e. Process & instrumentation diagrams f. Structural plans, sections and elevations g. Electrical improvements h. Preliminary Opinion of Probable Cost 1.4 Quality Management Check The ENGINEER's shall perform an internal Quality Management Check of the Preliminary Contract Documents. 1.5 Deliverables 1.5.1 Design Basis Memorandum An electronic version (PDF file) of each chapter of the Draft Design Basis Memorandum will be provided to the OWNER for review and comment. Comments received from the OWNER will be incorporated in a final version of each chapter. 1.5.2 Final Design Basis Memorandum (30%) Submittal The ENGINEER shall prepare and submit the Final Design Basis Memorandum with plans and specifications at the 15-30% level of completion in accordance with Exhibit A. The Final Design Basis Memorandum submittal shall include the various discipline plans, technical specifications, and typical details as appropriate to the level of design at the time of submittal and in accordance with the OWNER's final review comments. 1.5.3 Drawings Provide an electronic copy of the Preliminary Drawings (PDF format). 1.6 Meetings and Workshops Attend project meetings throughout the preliminary design phase to keep the OWNER informed on the progress, issues, and development of the preliminary design. Additionally, these meetings will facilitate identification of the project goals and proposed timetables. These meetings and workshops are described further as follows: EXHIBIT "A-1" Page 8 of 19 1.6.1 Kick -Off Meeting Attend preliminary design project kick-off meeting with project participants to review the design Scope of Work and preliminary design delivery schedule. 1.6.2 Project Workshop Attend two full-day workshops. The purpose of the workshop will be to discuss the project with OWNER's personnel and make decisions. The ENGINEER will provide an agenda for the workshop no less than 3 days in advance of the workshop and will record the workshop activities, action items, and decisions. 1.6.3 Design Basis Memorandum Review Workshop Attend up to two (2) 2 hr workshops. The purpose of the workshops will be to review the Draft Design Basis Memorandum to incorporate OWNER's review comments into the Final Design Basis Memorandum. The ENGINEER shall develop and distribute to project contributors a preliminary schedule of all required project documentation and assign responsibility for creating, updating and distributing project documentation. Additionally, the ENGINEER shall revise and redistribute such schedule throughout the life cycle of the project PART 2 - DESIGN PHASE The ENGINEER shall complete a final design in accordance with the design concepts set forth in the Preliminary Phase. Detailed drawings, technical specifications, and typical details shall be developed for mechanical project elements. Technical specifications shall be based on the format of the Construction Specifications Institute (CSI). Note: The ENGINEER will use the OWNER's plan preparation standards for their specific construction contract documents. TASK 2.0 PLANS AND SPECIFICATIONS 2.1 Prepare Plans and Specifications Provide plans and specifications in accordance with Exhibit A. 2.2 60 -Percent Interim Design Submittal The ENGINEER shall prepare and submit plans and specifications at the 60 percent level of completion in accordance with Exhibit A. The 60 percent design submittal shall include the various discipline plans, technical specifications, and typical details as appropriate to the level of design at the time of the submittal. EXHIBIT "A-1" Page 9 of 19 The ENGINEER shall also attend a half-day submittal review workshop with OWNER Staff for the 60 -Percent design submittal. The design team shall develop a log of the OWNER's review comments and submit with the Pre -Final (100 Percent) submittal. 2.3 100 -Percent Pre -Final Design Submittal The ENGINEER shall prepare and submit plans and specifications at the 100 -percent level of completion in accordance with Exhibit A. The 100 -percent design submittal shall include the various discipline plans, technical specifications, and typical details as appropriate to the level of design at the time of the submittal. Attend a half-day submittal review workshop with OWNER Staff for the Pre -Final design submittal to the OWNER. The design team shall develop a log of the OWNER's review comments and submit with the Pre -Final (100 Percent) submittal. 2.4 Quality Management Check The ENGINEER shall perform an internal detailed quality management check, in accordance with Exhibit A. 2.5 Final Opinion of Probable Cost The ENGINEER shall update the cost estimate and provide a final opinion of probable cost, in accordance with Exhibit A. 2.6 Final Design Submittal The ENGINEER shall submit final documents, ready for bid solicitation, in accordance with Exhibit A. PART 3 - BID PHASE TASK 3.0 BID PHASE SERVICES 3.1 Pre -Bid Conference ENGINEER will assist OWNER in conducting a Pre -Bid Conference to review the details of the project and solicit questions regarding the Bid Documents. ENGINEER will document the conference in writing within 5 working days. 3.2 Addenda Preparation and Response ENGINEER will answer OWNER and Contractor questions, develop written responses in the form of Contract Addenda, provide (1) set of any required addenda for distribution to Bidders. EXHIBIT "A-1" Page 10 of 19 3.3 Bidding Coordination ENGINEER will assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. 3.4 Bid Evaluation and Recommendation of Award The ENGINEER will tabulate and review all bids received for compliance with the requirements of the bid documents, including addenda. After consultation with OWNER, the team will prepare a written award recommendation based on this review and knowledge of proposed contractors' and subcontractors' past performance records. PART 4 - CONSTRUCTION PHASE TASK 4.0 CONSTRUCTION PHASE SERVICES Construction Phase Services shall be provided in accordance with Exhibit A and as follows: 4.1 Pre -Construction Meeting Attend in accordance with Exhibit A. 4.2 Review Submittals and Test Results ENGINEER will receive, log and distribute for review and approval the submittals, shop drawings, samples, test results, operations and maintenance manuals, and other data that Contractor is required to submit. ENGINEER will distribute and file the submittals after review action has been taken. ENGINEER will follow-up to verify that revisions are made and resubmitted as required and will verify that such required submittals are received and approved prior to installation or payment for the materials covered. ENGINEER will also perform a review of the schedule of shop drawing submissions and schedule of values prepared by Contractor and will discuss status of the submittals at construction progress meetings. ENGINEER will be responsible for completing the submittal reviews within 15 business days and for monitoring the status and timeliness of responses. ENGINEER, with other Project Team members, will review and approve product data, shop drawings, samples, test results, operations and maintenance manuals, and other data that the Contractor is required to submit. However, such reviews will be conducted only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. Such review and approval or other action will not extend to means, methods, sequences, techniques or procedures of EXHIBIT "A-1" Page 11 of 19 construction selected by Contractor, or to safety precautions and programs incident thereto. ENGINEER will maintain a submittal log showing dates of submittal, transmittal action to other sub -consultants, dates of return and review action. Copies of the log will be furnished to the OWNER and the Contractor monthly. ENGINEER will also evaluate the Contractor's request for substitutions. Submittal review efforts are based on a maximum of two (2) reviews per submittal and that no more than fifty percent (50%) of the total number of first submittal will require two (2) reviews. The level of effort for this task is based on receiving 100 shop drawing submittals. 4.3 Interpretations/Clarifications and Responses to Requests for Information The ENGINEER shall review and respond in writing to RFIs for those elements of the Project designed by the ENGINEER. Questions and concerns that arise during construction shall be documented using the Request for Information (RFI) format. Design team members shall provide oversight in each discipline to ensure that the decisions made in design are incorporated in the responses to RFIs generated during construction. ENGINEER will maintain an RFI log showing dates of submittal, transmittal action to other sub -consultants, dates of return, and a summary of the response. Copies of the log will be furnished to the OWNER and the Contractor monthly. The level of effort for this task is based on receiving 25 RFIs. 4.4 Site Visits ENGINEER will make regular visits (two per month for the duration of construction and startup) to the site to observe the general progress and quality of construction for those elements of the Project designed by the ENGINEER, and to confer with OWNER's on- site staff. 4.5 Change Orders ENGINEER will review cost and time estimates for change orders and for Contractor's claims for additional cost or compensation due to differing site conditions, force majeure, material or equipment shortages, or other causes. ENGINEER will also provide an estimate of the additional Design Consultant costs (if any) that would be incurred as a result of the change order. ENGINEER will evaluate Contractor's claims to determine whether they are justified under the Contract and will review Contractor's proposals for additional compensation, credits, and/or time relating to changes or claims. ENGINEER will make recommendations to the City's Project Manager on the amount of additional EXHIBIT "A-1" Page 12 of 19 compensation, credit, or time extension due to the Contractor. In addition, ENGINEER will clarify matters and work to resolve discrepancies with the Contractor. ENGINEER, with other Project Team members, will perform necessary design revisions in connection with change orders to reflect modifications requested by the City, or as required by unforeseen conditions. Coordination of the resulting change order requests and any additional Design Consultant research and design efforts, up to a maximum number of hours as shown in the fee schedule, are included in this scope. ENGINEER, with input from other Project Team members, will consider and evaluate Contractor's suggestions for changes in the Contract Drawings or Specifications and respond as appropriate or as required by the Contract Documents. ENGINEER will coordinate with the City and provide recommendations pertaining to the suggested design modifications. ENGINEER, with other Project Team members, will also perform necessary design revisions authorized by the City in connection with change orders to reflect modifications requested by the Contractor and will perform services in evaluating substitutions proposed by Contractor. Coordination of the resulting change order requests and any additional Design Consultant research and design efforts, up to a maximum number of hours as shown in the fee schedule, are included in this scope. 4.6 Substantial Completion/Final Acceptance Inspection Following notice from the Contractor, ENGINEER will conduct an inspection to determine if the Project is substantially complete in accordance with the construction documents. If ENGINEER considers the work substantially complete, then ENGINEER will deliver to OWNER and the Contractor a Certificate of Substantial Completion and a list of observed items requiring completion or correction (punch list), date for completion for the punch list, and recommendation for division of responsibilities between the OWNER and the Contractor. ENGINEER will conduct a final inspection to determine if the finished Work has been completed to the standard required by the Contract Documents and that Contractor has fulfilled its obligations as required. This inspection will be based on the punch list and any other functional or operational deficiencies that occur in the time period between when the punch list is generated and the Final Inspection. A final list of items to be completed or corrected in accordance with the requirements of the construction documents will be prepared and submitted to the Contractor. After the Contractor has completed the work of the final punch list and upon written notice from the Contractor, ENGINEER will review and determine that items on the final list have been completed or corrected and make recommendations to the OWNER concerning acceptance and final payment. EXHIBIT "A-1" Page 13 of 19 4.7 Review Contractor -Submitted Operations and Maintenance Manuals Provide in accordance with Exhibit A for those elements of the Project designed by the ENGINEER. 4.8 Record Drawings ENGINEER will prepare and deliver to the City record drawings of the constructed work both in hard copy and complete electronic files for the project in AutoCAD and PDF. Record drawing information will be obtained from redlined drawings prepared by the Contractor and will be prepared in accordance with Exhibit A for those elements of the Project designed by the ENGINEER. 4.9 Construction Coordination Provide construction administration, quality control, value engineering support and coordination: ENGINEER will provide construction administration and quality control services during the course of the project to assure that the overall technical correctness of the construction phase services and that specified procedures are being followed and ENGINEER's schedules are being met. ENGINEER will provide coordination functions during the construction phase as follows: • Coordinate with regulatory and approving agencies and utilities as required • Coordinate the work of specialty sub -consultants assigned to the project. • Maintain and provide detailed project records and documentation during the construction phase. Project records will include correspondence, schedules, submittals, test data, project data, payments, change orders, meeting minutes, clarifications, mark-ups of drawings and specifications, and other such documentation. Project records will be delivered to the City's representative upon completion of the construction contract. Records will be maintained at the ENGINEER's office. • Project Management Manuals. • Status reports for the construction contract will be provided. 4.10 Monthly Progress Meetings ENGINEER will attend monthly construction progress meetings (1 per month for the duration of construction) along with owner representative and contractor to receive progress reports on construction schedules, costs, issues, etc. ENGINEER will prepare and distribute meeting minutes within a one week period of each meeting. EXHIBIT "A-1" Page 14 of 19 B. ADDITIONAL SERVICES The following describes the Additional Services that may be provided as part of the project, upon written authorization by the OWNER. 1. PERMITTING TCEQ Design Submittal: The ENGINEER shall coordinate, prepare, and submit the required Summary Transmittal Letter documentation for TCEQ notification and authorization to begin construction. Update the ONSWTP Concentration -Time (CT) Study and Surface Water Monthly Operating Report (SWMOR) accordingly. 2. TOPOGRAPHIC SURVEY Provide Topographic Survey services as described in Exhibit A for those elements of the project designed by the ENGINEER. 3. WARRANTY PHASE SERVICES Provide Warranty Phase services as described in Exhibit A for those elements of the Project designed by the ENGINEER. In addition to the Warranty Phase services described in Exhibit A, provide the services of ENGINEER's staff (up to 60 hours total) to resolve equipment issues and other warranty issues that may arise during the warranty period. 4. START-UP SERVICES Provide Start-up services for those elements of the Project designed by the ENGINEER. The ENGINEER shall provide detailed checklist and start-up coordination to assist the Contractor in performing all integration and programming. The ENGINEER will also coordinate start-up assistance of the equipment with the appropriate Contractor staff to assure Project start-up activities are performed expeditiously. Validate that the testing program submitted by the Contractor is in conformance with the Contract Documents and assure that the system(s) will respond properly during normal operations and anticipated unusual conditions. Observe conduct of testing and startup and verify that the approved testing program is followed and the reports provided are accurate and complete. Review the Contractor's training plan and instruction materials for compliance with Contract Documents. Contractor or Manufacturer training presentations will be scheduled and coordinated with OWNER personnel and facility operation. EXHIBIT "A-1" Page 15 of 19 5. PROVIDE SCADA DOCUMENTATION Provide standardized SCADA documentation, which will include PFDs, P&IDs, loop sheets, logics, SCADA architecture, DCS I/O lists, instrument lists, tie-in lists, piping lists, equipment lists, and instrumentation specification sheets. The construction documents will include the requirements within the Construction Contract and specifications that the Contractor is to prepare SCADA documents as specified, for submission to the ENGINEER for review and approval. ENGINEER will provide the final SCADA documentation to OWNER in organized format when approved. Prepare construction documents listing requirements and specifications for the contractor to prepare an equipment operation and maintenance manual for submittal to the OWNER. Incorporate review comments from the OWNER, ENGINEER, OWNER operations personnel and program manager and develop a final equipment O&M manual. 6. PROJECT COORDINATION SERVICES The ENGINEER shall attend additional project coordination meetings no more often than bi-monthly, which will be billed as an additional service. The additional coordination and meetings shall be a maximum of 80 hours. These meetings shall be for the purpose of coordinating the design efforts of the Raw Water Improvements project with this project. Coordination shall consist of ENGINEER's attendance of meetings to jointly discuss and communicate project requirements, critical interfaces and various other correspondences to promote continuity and minimize conflicts. 7. CONTROL SYSTEM INTEGRATION Provide engineering services to review Contractor's control system configuration parameters such as P&ID parameters, set points, and alarm levels required to achieve correct operation, alarming, emergency notification, and response associated with the automated control system. Engineer will support and coordinate with Contractor on integration of the new PLC panel into the existing SCADA system, configuration of the Historical server, integration of the HMI screens into existing system -wide HMI, demonstration and verification to Owner stability of the new, integrated system. This task is subsequent to the Control Logic and Application Development. 8. OPERATIONS AND MAINTENANCE MANUAL AND TRAINING The ENGINEER shall provide engineering services for the operations and maintenance manual and corresponding training as follows: EXHIBIT "A-1" Page 16 of 19 • Provide workshops to identify all required manuals and training required by the Contractor. • Coordinate overall system training and submit Contractor provided training material to OWNER for pre -review prior to training classes. • A total of 3 training support sessions that will last approximately 4 hours are planned. The Contractor provided training will be both classroom and hands- on and is intended to supplement the information presented in the O&M Manual. • Ensure that the Owner is in possession of all Manuals and has received all specified training prior to placing the finished product in service. 9. WINDSTORM Engineer will perform Windstorm calculations, inspections, and provide certification for structures as necessary. The OWNER shall furnish existing windstorm certificates for recertification of existing structures. • Prepare WPI -1 form in accordance with the requirements of the Texas Department of Insurance (TDI) for Windstorm for the each of the New Structures; including foundations. • Review design calculations for new building structures and foundations to insure design is in accordance with the International Building Code 2003/2006 and Texas Dept. of Insurance for Windstorm compliance. • Perform wind pressure calculations in accordance with the International Building Code 2003/2006 for all building envelopes to insure all component and cladding elements meet or exceed the requirements of TDI for Windstorm. • Review all necessary submittals for foundation reinforcing, wall and floor framing, windows/frames/anchoring, doors/frames/anchoring, louvers/frames/anchoring and roofing for compliance with TDI. Initial submittal review and one (1) re -submittal review is included in this contract. Additional review of re -submittal's will be performed at an hourly rate of $150.00. • Perform necessary inspections during the entire construction process for all buildings and their respective foundation systems as required to visually verify that all foundation reinforcing, anchorage, primary and secondary framing, EXHIBIT "A-1" Page 17 of 19 connections, sheathing installation, doors, windows and louvers are all constructed as designed. Additional re -inspections will be performed at an hourly rate of $150.00. • Submit WPI -2 —BC -5 forms upon completion of construction to receive the WPI -8 Windstorm Certificate. Windstorm Certification Requirements: The Contractor/Owner shall be responsible for providing all necessary Design / Assembly Documentation for all windows, doors, louvers...etc. to the Windstorm Engineer / Inspector as required to conform to the requirements of the Texas Department of Insurance. All windows, doors, louvers...etc., at a minimum, shall meet all positive (inward) and negative (outward) wind pressures for "Components and Cladding" in accordance with the International Building Code 2006 (IBC 2006 with latest Texas Revisions) as calculated by Texas Registered Professional Engineer for the specific project. All Custom -Built Doors / Windows must be tested for the appropriate wind design pressures with a certified facility as approved by the Texas Dept. of Insurance prior to receiving any certification. 10. PROCESS AUTOMATION SYSTEM DEVELOPMENT Assist the OWNER with defining and documenting the User Requirements Specifications (URS) for the control system. Control Logic and Application Development is a necessary step in designing, writing, and implementing the proper control logic. This task also insures that the control logic and applications meet the owner's expectations and requirements and that the components function properly before being integrated into the rest of the system. • Engineering Services to solicit from the Owner and document User Requirements Specification (URS) for the Process Automation • Engineering Services to develop Detailed Functional Specification (DFS) and Sequence Of Operation (SOO) based on User Requirements • Engineering Services to determine and specify all control system configuration parameters such as PID parameters, setpoints, and alarm levels required to achieve correct operation, alarming, and emergency notification and response of the automated control system. To include parameters for new pumps and equipment as well as modification to control system parameters for existing equipment. • Engineering Services to develop Integration, Verification, and Validation (IV&V) documentation. Develop phased testing and acceptance plan for the new control system. Develop all required testing scenarios, checklists, acceptance and sign -off documentation, installation and cutover sequence, EXHIBIT "A-1" Page 18 of 19 and other quality control and acceptance documentation to be used by the contractor. • Engineering Services to develop drawings and specifications required by contractor to deliver a functional, integrated Process Automation System. • Engineering Services to coordinate, attend and witness acceptance tests, startup, and commissioning. Determine whether supplied system meets requirements and recommend acceptance to Owner. • Upon successful start-up and commissioning, update Detailed Functional Specification and Sequence of Operation, if required, and submit to Owner with As -Built documentation. • Provide engineering services required to coordinate the integrators development of the Human Machine Interface (HMI) graphics for the operator work stations. • Provide engineering services required to coordinate the integrators programming of the specified PLC platform according to the SOO. • Provide engineering services to coordinate the integrators verification and demonstrate to the OWNER that the PLC and HMI operator workstation function as designed prior to installation in field. EXHIBIT "A-1" Page 19 of 19 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees EXHIBIT B SAMPLE PAYMENT REQUEST FORM COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 07/27100 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0°,6 TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 _ $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% Contract for Professional Services Exhibit B SUPPLIER NUMBER TO BE ASSIGNED BY CR Y PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Cornus 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: LNV, Inc. P. O. BOX: STREET ADDRESS: 801 Navigation, Suite 300 FIRM IS: I. Corporation 4. Association CITY: Corpus Christi 2. Partnership 5. Other ZIP: 78408 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3°'b or more of the ownership in the above named "firm.' NameA/ 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." Namei� Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board. Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest" constituting 3% or more of the ownership in the above named "firm." Name�� Consultant FILING REQUIREMENTS Ha 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 1 certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Dan S. Leyendecker, P . Title: President ia ,`/ / (Type or Print) Signature of Certifying Person: DEFINITIONS Date: .;i1/4 / a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Corpus Chr st1 Engineering O.N. Stevens Facilities Feed Optimization Improvements Council Presentation April 12, 2016 Project Location Corpus Chr sti Engineering CALALLEN NoMmesl. rt Supeicenter cs, IN,37 Project Location 0 11 2 Project Location Corpus Chr sti Engineering 3 Project Scope Carpus Chr sti Engineering This project includes the following major elements: • Replaces the chemical feed systems for alum, polymer and liquid ammonium sulfate with the associated instrumentation, electrical, and structural improvements • Improves the sedimentation basin hydraulics • Replaces the caustic pumps • Relocates the existing chlorine delivery system to new chemical feed structure • Provides a feasibility study for alkalinity adjustment to address high turbidity and low alkalinity conditions during storm water events Project Schedule Corpus Chr sti Engineering 2016 2017 2018 2019 M J J A s 0 N D J F M A M J J Design 11M A s 0 N Bid & Award D J F M A M J J A s 0 N D J F M A M J J A s 0 N D Construction Project Estimate: 1,290 Calendar Days = 43 Months Projected Schedule reflects City Council award in April 2016 with anticipated construction completion by December 2019. 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: 2016-11677 Date Filed: 02/10/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. LNV, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the govemmental 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. ONSWTP Chemical Project E12211 Professional Engineering, architectural and/or surveying services. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Trejo, Eric Corpus Christi, TX United States X Viera, Robert Corpus Christi, TX United States X Naiser, Derek San Antonio, TX United States X Leyendecker, Dan Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT 17, .=I�NOTARY i1: AFFIX NOTARY STAMP Sworn to and subscribed 20 t tg , to certify MICHELE DENSE HIM PUBLIC State of Texas Comm. Exp. 10/12/2016 / SEAL ABOVE before me, by the which, witness my said I swear, or affirm, unde . • nalty of perjury, that the above disclosure is true and correct. �� /M .per, _ ,' i • nature o e ' zed agent of contr drib business ntity day of C t1 -3. L4 -Q i ` ec k Q V, this the 10 hand and seal of office. iC.k6 Pn4an6icsa, I PCL1-hot -b r• ThioL .1)4vt)(0*Il Signature of officer administering oath Printed name of officer administering oath J Title of officer administering oath Forms orovided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34944 AGENDA MEMORANDUM Future Item for the City Council Meeting of April 12, 2016 Action Item for the City Council Meeting of April 19, 2016 DATE: TO: March 24, 2016 Ronald L. Olson, City Manager THRU: Mark Van Vleck, P.E., Assistant City Manager 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 Enqineerinq Construction & Testinq Contract Elevated Water Storage Tanks (Alternative Capacity Requirement Implementation, Phase 2) CAPTION: Motion authorizing the City Manager or designee to execute a construction contract with CB&I, Inc. of The Woodlands, Texas in the amount of $9,245,050 for the Elevated Water Storage Tanks (Alternative Capacity Requirement Implementation, Phase 2) for the Base Bid plus Additive Alternates No. 2 and 4 and to execute a construction materials testing agreement with Rock Engineering and Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $63,400 for the Elevated Water Storage Tanks. PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract for the Base Bid plus Additive Alternates No. 2 and 4 for the Elevated Water Storage Tanks (Alternative Capacity Requirement Implementation, Phase 2) and a testing contract to complete the project. CIP DESCRIPTION: The existing Elevated Storage Tanks (EST) have inadequate volume and elevation to meet minimum storage requirement as defined by the Texas Commission on Environmental Quality (TCEQ). This project is a phased multi-year effort that will provide four new ESTs with 7.5 million gallons of storage. This improved storage capacity, combined with the new heights and two new pump station generators (addressed under a separate CIP project) will place the City's distribution system in compliance with TCEQ's Alternative Capacity Requirement (ACR). Land acquisition and design for Tanks 1 and 2 are in process and construction is scheduled to begin in fiscal year 2016. The remaining tanks will follow the same life cycle and are scheduled to be completed by end of fiscal year 2022. This project is the second phase of ACR Implementation following the ACR Generation project. Included in this project is the completion of the Water Distribution System Master Plan in accordance with TCEQ ACR Implementation criteria. BACKGROUND AND FINDINGS: This project was approved as part of the City's Water Capital Improvement Program (Water CIP Item No. 3) presented above. In June 2012, the Texas Commission on Environmental Quality (TCEQ) approved the City's ACR Implementation Plan in Pressure Zone 1 that increases the elevated storage capacity from current 3.5 Million Gallon (MG) to 7.5 MG. The City water distribution system is divided into two "Pressure Zones" (see attached Pressure Zone Map). The ACR Plan was developed with four Phases to be constructed over a 9 -year period. The phasing plan and status are presented below: Phase Description Status 1 Construct 2 new emergency generators located Navigation and Staple Pump Stations, respectively Under Design 2 Construct 2 new EST's; 3.0 MG at the Holly Road Pump Station and 0.75 MG EST at the Rand Morgan Street Construction (THIS PROJECT) 3 Construct a new 2.5 MG EST at the Starry Road on City -owned property Negotiating Design 4 Construct a new 1.25 MG EST at the Nueces Bay Blvd at undetermined site Beginning Land Acquisition $9,245,050 Note: Phase 3 & 4 will be combined as single contract to improve efficiencies and cost effectiveness. $9,563,000 This construction project for Phase 2 includes a Base Bid plus four (4) Additive Alternates. Base Bid: Construction of two new elevated storage tanks (EST) with 3.0 million gallon EST at the Holly Road, and 0.75 million gallon EST at the Rand Morgan Street with appurtenances, piping, valves, SCADA and integration, site development, and utility connections. Additive Alternates: Two alternative water tank mixing systems to improve water quality were included for each location. 1) Provides a passive (hydrodynamic) mixing system that mixes during the fill cycle for the Rand Morgan EST. 2) Provides an active (electronic submersible) mixing system for the Rand Morgan EST. 3) Provides a passive (hydrodynamic) mixing system that mixes during the fill cycle for the Holly Road EST. 4) Provides an active (electronic submersible) mixing system for the Holly Road EST. On February 17, 2016, the City received proposals with bids from three (3) bidders as follows: CONTRACTOR Base Bid Add. Alt. No.1 Add. Alt. No.2 Add. Alt. No.3 Add. Alt. No.4 Total Bid Total Base Bid plus Alt. No. 2 & 4 CB&I, Inc. Woodlands, TX $9,144,050 $79,000 $50,000 $84,000 $51,000 $9,408,050 $9,245,050 Landmark Structures LLP Fort Worth, TX $9,563,000 $80,000 $60,000 $80,000 $60,000 $9,843,000 $9,683,000 Caldwell Tanks, Inc., Louisville, KY $13,355,000 $70,000 $54,000 $70,000 $54,000 $13,603,000 $13,463,000 The City's consultant, LNV, Inc., evaluated the three proposals and recommends the City award the project to the lowest responsible bidder for the Total Base Bid plus Alternate No.'s 2 and 4. The lowest responsible bidder, based on the quantities provided for evaluation purposes, is CB&I, Inc. Based on a review of CB&I's experience and resources from the information they submitted in accordance with the contract documents, CB&I, Inc. is qualified to provide the construction services for the program. Rock Engineering and Testing Laboratory (RETL) provided geotechnical investigation services during design phase. RETL brings expertise and excellent past performance assisting the City in geotechnical investigation and construction material testing services for various projects, and is recommended to provide construction materials testing services for this project. ALTERNATIVES: 1. Authorize the execution of the construction and testing contracts. 2. Do not authorize the execution of the construction and testing contracts. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year 2015-2016 Prior Fiscal Years Current Year Future Years TOTALS Line Item Budget $2,251,754 $5,200,000 $9,900,000 $17,351,754 Encumbered / Expended Amount 1,020,386 1,020,386 This Item (CB&I, Inc.) $5,999,970 $3,245,080 $9,245,050 This Item (Rock Eng.) $63,400 $63,400 Future Anticipated Expenditures This Project 367,998 1,558,424 1,926,422 BALANCE $1,231,368 -1,231,368 $5,096,496 $5,096,496 Fund(s): Water CIP #3 Comments: This project requires approximately 580 calendar days with anticipated completion in December 2017. The construction contract will result in the expenditure of an amount not to exceed $9,245,050. The testing contract will result in the expenditure of an amount not to exceed $63,400. RECOMMENDATION: City Staff recommends approval of a construction contract with CB&I, Inc. of The Woodlands, Texas in the amount of $9,245,050 for the Elevated Water Storage Tanks (Alternative Capacity Requirement Implementation, Phase 2) for the Base Bid plus Additive Alternates No. 2 and 4 and approval of a construction materials testing agreement with Rock Engineering and Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $63,400. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract (Rock Engineering) Presentation Pressure Zone Map Form 1295 (2) PROJECT BUDGET Elevated Water Storage Tanks - Citywide (Alternative Capacity Requirement Implementation Phase 2) FUNDS AVAILABLE: Water CIP - Storage Tanks Design (Project 8651) 751,254 Water CIP - Storage Tanks Land Acquisition (Project E12210) 190,500 Water CIP - Storage Tanks Construction (Project E11012) 16,410,000 TOTAL FUNDS AVAILABLE 17,351,754 FUNDS REQUIRED: Construction: Construction (CB&I, Inc.) THIS ITEM 9,245,050 Contingency (10%) 924,505 Construction Observation (TBD, Estimate) 450,000 Engineer Fees: A/E Contract (LNV, Inc) 751,254 * Design Contract 701,504 Amendment No. 1 (LNV, Inc.) 49,750 Staff Augmentation (Linda Gurley) 9,999 Geotech Testing (Rock Engineering) 41,200 Construction Materials Testing (Rock Engineering) THIS ITEM 63,400 Land Acquisition (Rand Morgan) 190,500 Reimbursements: Total Reimbursements 579,350 Administration/Finance (Engineering/Capital Budget/Finance) 246,150 Engineering Services (Project Mgmt) 328,200 Misc 5,000 TOTAL FUNDS REQUIRED 12,255,258 ** ESTIMATED PROJECT BUDGET BALANCE $5,096,496 *Design contract was approved by City Council on February 10, 2009 by Motion No. M2009-032 ** To be used for remaining two tanks. Ed 1,01,a6 • Rc?b>town Odern �.h 31 Rand Morgan EST (0.75 MG) Tierra Grande Petronila Taft SO4th Holly Road EST (3.0 MG) [' b prn a r arch Elevated Water Storage Tanks Citywide sew/ 111 0 hristi • r LOCATION MAP NOT TO SCALE Greg X61: w Ingleside on the Bay Padre IS PROJECT: E11012 mim Elevated Water Storage Tanks Citywide ( ACR Phase 2 ) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES AGREEMENT for Construction Materials Testing and Engineering Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("CITY"), acting through its duly authorized City Manager or designee ("City Engineer"), and ROCK ENGINEERING & TESTING LABORATORY, INC., a Texas corporation or partnership ("LAB"), acting through its duly authorized representative who is Curtis A. Rock, Business Development Manager, which agree as follows: 1. DECLARATIONS: City desires to engage Lab to provide services in connection with City's project, described as follows: Elevated Water Storage Tanks (Alternative Capacity Requirement Implementation, Phase 2) (Project No. E11012) ("PROJECT"). 2. SCOPE OF WORK: Lab shall provide services to the Project in accordance with the accompanying Scope of Services and Fee Schedule attached as Exhibit A and the Terms and Conditions to Agreement attached as Exhibit B. 3. FEE: The City agrees to pay the Lab for services provided in accordance with Exhibit "A", Scope of Services and Fee Schedule under this Agreement, a total fee not to exceed $63,400.00. Monthly invoices will be submitted in accordance with Exhibit C. 4. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE: To the best of the City's knowledge, based upon currently available information, the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows: None. 5. 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 and may not be used again by Lab without the express terms written consent of the City Engineer. However, Lab may use standard details that are not specific to this Project. CITY OF CORPUS CHRISTI ROCK ENGINEERING & TESTING LABORATORY J.H. Edmonds, P. E. Date Curtis A. Rock Director of Engineering Services Business Development Manager 6817 Leopard Street Corpus Christi, TX 78409 RECOMMENDED (361) 883-4555 Office (361) 883-4711 Fax Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date APPROVED Office of Management Date and Budget Date K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E11012 ELEVATED WATER STORAGE TANKS - CITYWIDE (ACR IMPLEMENTATION PHASE 2)\ROCK CONSTR MATERIALS TESTING \CO NTRACT. DOC Rev. 12/15/15 ATTEST Rebecca Huerta Date City Secretary Project Number E11O12 Accounting Unit 4093-062 Account 550920 Activity E11O12O14O93EXP Account Category 50920 Fund Name Water 2013 RVBD K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E11012 ELEVATED WATER STORAGE TANKS - CITYWIDE (ACR IMPLEMENTATION PHASE 2)\ROCK CONSTR MATERIALS TESTING \CO NTRACT. DOC Rev. 12/15/15 Wednesday, March 16. 2016 City of Corpus Christi 1201 Leopard St Corpus Christi, TX 78401 Atin Jeffrey Edmonds, P.E. •GEOTECHNICAL ENGINEERING •CQNSTRUCTION MATERIALS ENGINEERING TESTING •SOILS • ASPHALT • CONCRETE SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED E11012 Elevated Water Storage Tanks Corpus Christi, TX RETL Proposal Number: P021816A Dear Jeffrey Edmonds, P.E. Rock Engineering and Testing Laboratory, Inc. (RETL) (TBPE Firm No. 2101) is pleased to be selected to perform the Construction Materials Testing for the above referenced project. The Construction Materials Testing for the proposed construction project is based upon quantities as derived from the Plans made available to RETL as of the date of this proposal. The estimated testing for this project is $63,400.00 We understand that we have been chosen to provide these services for This publicly funded project. Therefore, by providing cost information we are not in violation of the Texas Professional Services Procurement Act. The estimated construction materials testing budget is based on a review of the information provided to REEL. An estimated breakdown of field and laboratory testing required is included as an attachment. Please make note that the actual fees invoiced for this project will be based an the actual testing performed. The total fee assessed will be dependent on the contractor's construction techniques, number of trips made to the jobsite, elapsed time from technician arrival to commencement of testing activities. and any time the technician is required to be on-site but not performing Testing activities. Please be advised that weekend technician time will be invoiced portal to portal at an additional rate of $31.00 RETL appreciates your consideration of our firm to assist you during the construction phase of your project. If you agree with this proposal. please sign the attached Laboratory Testing Services Agreement, submit the Distribution List and provide billing information. Please do not hesitate to contact me at (361) 883-4555 extension 415 if you have any questions regarding the proposal or would like to discuss further. Sincerely, Pablo Schmitt Estimator Rock Engineering and Testing Rocr ENGINEERING TESTING LABORATORY INC. 6817 LEOPARD STREET • CORPUS CHRISTI. TEXAS 78409 OFFICE: 13611 883-4555 • FAX. 1361) 883-4711 • vn^nr• rockiesting.corn Wednesday, March 16, 2016 EXHIBIT "A" Page 1 of 14 Page 1 of 14 P021816A E11012 Elevated Water Storage Tanks City of Corpus Christi Corpus Christi, TX Jetfrey Edmonds, P.E. A. RAND MORGAN TANK - 1. LABORATORY Ai. SU8GRADE In Slfu Soils Under Concrete Platorm 907'.10 957. Max Dry Dens ASTM D695+2ie above OMC EA 1 each material type 5190 MATERIALS SAMPLING CHARGE 5510 PROCTOR STANDARD ASTM 0698 Lime Stabilized Subgrade 987'. ASTM D698 EA • 1 each malerlal type LIFTS/MIN QTYFREQ QTY RATE AMOUNT eo 557.00 557.00 1 co 5215.00 .$215.00 5190 MATERIALS SAMPLING CHARGE 1 1 ea 557.00 557.00 5486 VEHICLE 1 I trip 545.00 545.00 5510 PROCTOR STANDARD ASTM 0698 1 1 ea 5215.00 5215.00 5552 FIELD GRADAT ON 1 1 ea 577.00 577.00 A2. SELECT FILL 3' Select Fil under Concrete Platform EA -1 each material type 5190 MATERIALS SAMPLING CHARGE 1 1 ea 557.00 557.00 5502 ATTERBERG LIMITS/PLASTICITY INDEX (wiih Aggregate) i I 1 ea 594.00 594.00 5510 PROCTOR - STANDARD ASTM 0698 1 1 ea $215.00 5215.00 5599 FINER THAN #200 MESH IDecantatianl 1 I ea 564.00 564.00 A3. FLEX BASE Crushed Limestone Type A Gr 1 48%. ASTM D1557 EA -1 each matedal type 5190 MATERIALS SAMPLING CHARGE 1 I ea 557.00 557.m 5486 VEHICLE I 1 Trip 545.00 545.00 5502 ATTERBERG LIMITS/PLASTICITY INDEX (with Aggregate) 1 1 ea 594.00 594.00 5504 GRADATION (Sieve Analysis) 1 ea 594.00 594.00 5522 PROCTOR - MODIFIED ASTM D1557 1 ea 5253.00 5253.00 5546 WET BALL MILL I ea 5321.00 5321 00 A4. BEbDING Compacted Sand Fi11(WTR•452) 95% ASTM D698+27. OMC EA -1 each material type 5190 MATERIALS SAMPLING CHARGE 1 5486 VEHICLE 1 S510 PROCTOR • STANDARD ASTM D698 I Wednesday. March 16. 2016 1 1 ea 1 trip I ea 557.00 545.00 5215.00 EXHIBIT "A" Page 2 of 14 557.00 545.00 5215.00 Page 2 of 14 A5. SACKFSLL Trench Backfill 95% ASTM D698 EA -1 each material type P021816A E11012 Elevated Water Storage Tanks City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 5190 MATERIALS SAMPLING CHARGE 1 1 I ea 157.00 $57.00 5486 VEHICLE 1 I I Inp $45.00 $45.00 S502 ATTERBERG L M TS/PLAST,CITY INDEX (with Aggregate) 1 1 1 ea 194.00 $94.00 5510 PROCTOR STANDARD ASTM D698 1 1 1 ea $215.00 $21500 8. ASPHALT r HMAC EA -1 each material type 5105 ASPHALT FULL SERIES 5190 MATERIALS SAMP. NG CHARGE 5486 VEHICLE 1 ea I ea 1 trip 1616.00 $57.00 $45.00 $616.00 $57.00 $45.00 D. MISCELLANEOUS Admin Fee LS - Lump Sum F 1 19 ADMINISTRATION FEE l I time per project) 1 1 I Ir $75 00 Si s.Lni A. RAND MORGAN TANK - 1. LABORATORY SUBTOTAL 53,481.00 Wednesday, March 16, 2016 Page 3 of 14 EXHIBIT "A" Page 3 of 14 P021816A E11012 Elevated Water Storage Tanks City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. A. RAND MORGAN TANK - 2. PAVEMENT Al. SUBGRADE Lime Stabilized Subgrade 98% ASTM D698 5Y-1every 310SY SY 721 5486 VEHICLE 5600 IN-PLACE DENSITIES )Min 3) ASTM D6938 A3. FLEX BASE Crushed Limestone Type A Gr 1 9890 ASTM D7557 SY - 1 every 310 SY SY 721 5486 VEHICLE 5600 IN-PLACE DENSITIES )Min 31 ASTM D6938 B. ASPHALT z- HMAC LF - 1 per 1000 LF of skeet LF 252 5202 ASPHALT CORED IN-PLACE DENSITY 5486 VEHICLE LIFTS/MIN QTYFREQ QTY RATE AMOUNT 2 1 2 2Is>Q $45,00 $90.00 3 6 ea $44.00 $264.00 2 2 1rD $4.5 3;i 3 6 ev 144;}1 2 en $99.00 I it p $45 00 A. RAND MORGAN TANK - 2. PAVEMENT SUBTOTAL $90.00 $264.00 $198 00 $45.00 5951.00 A. RAND MORGAN TANK - 3. UTILITIES LIFTS/MIN QTYFREQ QTY RATE AMOUNT A5. 8ACKFILL Trench Bocklill (7 deep 30' waterline). 95% ASTM D698 I.F • 1 per 200 LF of each Zane/lift LF 112 5486 VEHICLE 5600 IN-PLACE DENSITIES )Min 3) ASTM D6938 14 7 71.ip $45.017 $315.00 14 Pa $44.LC $6'6,00 A. RAND MORGAN TANK - 3. UTILITIES SUBTOTAL $431.00 Wednesday. March 16 2016 Page 4 of 14 EXHIBIT "A" Page 4 of 14 P021816A E11012 Elevated Water Storage Tanks City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. A. RAND MORGAN TANK - 4A. TANK DENSITIES AI.SU8GRADE Excavated, Top 12° Subgrade 95% ASTM 0698 at or above OMC SF - 1 per 3000 SF of each Itif SF 1384 5486 VEHICLE 5600 IN PLACE DENSITIES (Min 3) ASTM 06938 LIFTS/MIN QTYFREQ QTY RATE AMOUNT 1 1 "r•: 3 3 e $45.00 132.00 A2. SELECT FILL 5S Select Fill 95% ASTM D698 of or above OMC SF - 1 per 3000 SF of each IHI SF 1384 5486 VEH CLE I 5 5 trip $45.00 $225,00 5600 IN-PLACE DENSITIES (Min 3) ASTM 06938 11 ' 33 ea $44.04 $1.452.00 A. RAND MORGAN TANK - 4A, TANK DENSITIES SUBTOTAL $1,854.00 A. RAND MORGAN TANK - 415. TANK SLAB LIFTS/MIN QTYFREQ QTY RATE AMOUNT C. CONCRETE 047.1@l4,3028 4000 P51 CY -1 set every 50 CY CY 29 5301 CONCRETE CYLINDERS (4' x 8") (Min 4i en 544.00 544.00 5486 VEHICLE 2 lrp 545 -CC i 7.CC E. OBSERVATIONS Rebar Inspection HR - per hour CY 29 5456 VEHICLE I I'ip $45.00 $45 00 5511 OBSERVATIONS (Pier, Rebar, Structural Steel. elc) t:h lir $86,00 $43.00 A. RAND MORGAN TANK - 4B. TANK STAB SUBTOTAL $442.00 Wednesday. March 16, 2016 Page 5 of 14 EXHIBIT "A" Page 5 of 14 P021816A E11012 Elevated Water Storage Tanks City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. A. RAND MORGAN TANK - 4C. TANK TOWER C 1. CONCRETE 1@7,1@14,3128.10 pours 4000 PSI D - 1 set per day CY 285 5301 CONCRETE CYL NDERS (4" x 8" 1 (Min 4) 5399 CONCRETE CYLINDERS PICK UP FEE 5486 VEHICLE E. OBSERVATIONS Rebar Inspection HR - per hour CY 285 5501 OBSERVATIONS (Pier. Rebar. Structural5leel. e1=i A. RAND MORGAN TANK - 4D. TANK FOUNDATION LIFTS/MIN QTYFREQ QTY RATE AMOUNT '0 50 ea $44 00 #2.200.00 1 pour $43.00 $43.00 11 11 Trip $45.00 $495-00 4 hr $116.00 $344.00 A. RAND MORGAN TANK - 4C. TANK TOWER SUBTOTAL 53,082.00 LIFTS/MIN QTYFREQ QTY RATE AMOUNT C1. CONCRETE 117.1114,3128 4000 PSI CY -1 set every 50 CY CY 97 5301 CONCRETE CYLINDERS (4" x 81 (Min 41 5 2 10 ea $44.00 $440.00 5399 CONCRETE CYLINDERS PICK UP FEE 1 1 1 pour $43.00 $43.00 5486 VEHICLE 1 2 2 trip $45.00 $90 00 E. OBSERVATIONS Rebar Inspection HR - per hour CY 97 5486 VEHICLE 5501 OBSERVATIONS (Pier, Rebar. Structural Steel. eIc1 Wednesday, March 16. 2016 1 r „f $45.00 $45.00 C5 0Shr $8600 A. RAND MORGAN TANK - 4D. TANK FOUNDATION SUBTOTAL EXHIBIT "A" Page 6 of 14 $43 00 $661.00 Page 6 of 14 P021816A E11012 Elevated Water Storage Tanks City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. A. RAND MORGAN TANK - 4E. TANK PILES Cl. CONCRETE 107,1014,3028 4000 P51 D - 1 set per day CY 151 S301 CONCRETE CYLINDERS 14" x 8") (Min 4) S399 CONCRETE CYLINDERS PICK UP FEE S486 VEHICLE D. MISCELLANEOUS Plle Integrity Testing - ASTM 05882.07 on 25% of Piles (9 total) Assuming 1 day on site 15 - Lump Sum SF LIFTS/MIN QTYFREQ QTY RATE AMOUNT 8 30 ea $44 77 $1,320.00 I pour $43:73 $43.00 7 7 trip $45 041 $315.00 ANALYTICAL TESTING 1 '.s $3,105.00 $3.105.00 E. OBSERVATIONS Auger Cast Piles Observation (36 Plies (18" x 66') 0 6 per day) HR • per hour CY 151 5501 OBSERVATIONS (Pier, Rebar, Structural Steel, etc) ti 4 I-iri.: ±::' $4.1 2a.00 A. RAND MORGAN TANK - 4E. TANK PILES SUBTOTAL 58,911.00 Wednesday. March 16. 2016 Page 7 of 14 EXHIBIT "A" Page 7 of 14 P021816A E11012 Elevated Water Storage Tanks City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. A. RAND MORGAN TANK - 5. CONC SPLASH PAD AND PLATFORM Al. SUBGRADE In SRu Sails Under Concrete Platform 90% to 95% Max Dry Dens ASTM D698 +2% above OMC SF - 1 per 2500 SF of each lift SF 608 5486 VEHICLE 5630 IN PLACE DENSITIES (Min 31 ASTM D6938 A2. SELECT FILL 3' Seled Fill under Concrete Plaform 95% Max Dry Dens ASTM 0698 al or above OMC SF - l per 2500 SF of each lift SF 608 5486 VEHICLE 5600 1N -PLACE DENSITIES (Min 31 ASTM D6938 LIFTS/MIN QTYFREQ QTY RATE AMOUNT 1 6 1 kip $45-00 $45-00 1 ea 14500 545,00 kilo $45,110 en 544.00 $90.00 $264,00 A4. BEDDING Compacted Sand Fill under Platform per WTR-452 95% ASTM D698 +2% OMC EA -1 each Slob SF 608 5600 IN-PLACE DENSITIES {Min 31 ASTM D6938 1 1 I un 1-44.00 $44.CC C. CONCRETE 107.1414 3028 4000 PSI CY - 1 set every 50 CY CY 23 5301 CONCRETE CYLINDERS 14" x 8"I (Min 41 5 1 5 ea $44.00 $220.00 5399 CONCRETE CYLINDERS PICK UP FEE 1 1 I pour $43 00 543.00 5486 VEHICLE 1 2 2 tdp 545.00 590.00 E. OBSERVATIONS Rebar Inspection HR - per hour CY 23 5486 VEHICLE 5501 OBSERVATIONS (Pier. Rebar, Structural Steel, etc) I frit) $45:0 :r .5 1. 5 -r 5229.33 $45.00 $44.50 A. RAND MORGAN TANK - S. CONC SPLASH PAD AND PLATFORM SUBTOTAL 5930.00 Wednesday March 16, 2016 Page 8 of 14 EXHIBIT "A" Page 8 of 14 P021816A E11012 Elevated Water Storage Tanks City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, Q.E. B. HOLLY ROAD TANK - 1- LABORATORY AI. SIJEGRADE In Situ Soils Under Concrete Platform 909. to 95% Max Dry Dens ASTM D698 +2% above OMC EA - 1 each material type LIFTS/MIN QTYFREQ QTY RATE AMOUNT 5190 MATERIALS SAMPLING CHARGE 1 I 1 ea $57.00 $57.00 5486 VEHICLE T 1 I trip $45.00 $45.00 S5I0 PROCTOR STANDARD ASTM D698 1 I 1 ea $215.00 $215.00 Lime Stabilized Subgrade 98% ASTM D698 EA - 1 each material type 5190 MATERIALS SAMPLING CHARGE 1 1 1 ea $57.00 $57.00 5486 VEHICLE 1 I 1Irip $45.00 $45.00 S5I0 PROCTOR - STANDARD ASTM D698 1 1 1 ea $215.00 $215.00 5552 FIELD GRADATION 1 1 1 ea $77.00 $77.00 A2. SELECT FILL Compacted Sand Fill (WTR-452) 95%. ASTM D698+2%OMC EA -1 each material type 5190 MATERIALS SAMPLING CHARGE 1 1 1 ea $57.00 $57.00 5486 VEHICLE 1 1 1 Irip $45.00 $45.00 5510 PROCTOR - STANDARD ASTM D698 1 1 1 ea $215.00 $21500 A3. FLEX EASE Crushed Umestone Type A Gr 1 98% ASTM D1557 EA -1 each material type S190 MATERIALS SAMPLING CHARGE I ea $57.00 $57.00 5486 VEHICLE 1 trip $45.00 $45.00 5502 ATTERBERG LIMITS/PLAST1CITY INDEX (with Agprepatel 1 ea $94.00 $94.00 5504 GRADATION (Sieve Analysis) 1 ea $94.00 $94.00 5522 PROCTOR - MODIFIED ASTM D1557 1 ea $253.00 $253 00 5546 WET BALL MILL I ea 5321.00 $321.00 A3. BACKFILL Trench Backfill 95%. ASTM D698 EA - 1 each material type 5190 MATERIALS SAMPLING CHARGE I I 1 ea $57.00 $57.00 5486 VEHICLE I 1 1 trip $45.00 $45 00 5510 PROCTOR - STANDARD ASTM D698 1 I I ea 5215.00 5215 00 Wednesday. March 16, 2016 Page 9 of 14 EXHIBIT "A" Page 9 of 94 8. ASPHALT 7 HMAC EA -1 each material type P021816A E11012 Elevated Water Storage Tanks City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 5105 ASPHALT FJLL SERIES 5190 MATERIALS SAMPLING CHARGE 5486 VEH.CLE B. HOLLY ROAD TANK - 2. PAVEMENT 1 I ea $616.00 $616.00 1 I ea $57.00 $57.00 1 1lrip $45.00 $45.00 8. HOLLY ROAD TANK - 1. LABORATORY SUBTOTAL $2,927.00 LIFTS/MIN QTYFREQ QTY RATE AMOUNT Al. SUBGRADE Lime Stabilized Subgrade 98%. ASTM 0698 SY - 1 every 310 SY SY 1869 5486 VEHICLE t 1 ;r 545 CO $90.00 5600 IN PLACE DENSITIES (Min 31 ASTM D6938 A C I . 544.00 $528.00 A3. FLEX BASE Crushed Limestone Type A Gr 1 98% ASTM D1557 SY - 1 every 310 SY SY 1869 5486 VEHICLE 5600 IN-PLACE DENSITIES (Min 3) ASTM D6938 B. ASPHALT T HMAC LF • 1 per 1000 LF of street LF 663 5202 ASPHALT CORED IN-PLACE DENSITY 5486 VEHICLE Wednesday, March 16, 2016 1 2 2 trip $45.00 t 6 cra $44.00 $90.00 $264.00 F." 599.33 $198.00 I Hp $4:.00 $45.00 B. HOLLY ROAD TANK - 2. PAVEMENT SUBTOTAL $1,215.00 Page 10 of I4 EXHIBIT "A" Page 10 of 14 P021816A E11012 Elevated Water Storage Tanks City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. B. HOLLY ROAD TANK - 3. UTILITIES LIFTS/MIN QTYFREQ QTY RATE AMOUNT A5. BACKFILL Trench Backfill (T deep 30" waterline) 95% ASTM 0698 LF - 1 per 200 LF of each Iane/lif LF 600 5416 VEHICLE 1 7 7 trip $43 CC $315.00 S6 CA IN-PLACE DENSITIES (Min 3) ASTM D6938 14 42 ea $44.CC $1.848.00 B. HOLLY ROAD TANK - 3. UTIUTIE5 SUBTOTAL 52,163.00 B. HOLLY ROAD TANK - 4A. TANK DENSITIES LIFTS/MIN QTYFREQ QTY RATE AMOUNT A1.SUBGRADE Excavated, Top 1TSubgrade 95% ASTM D698 at or above OMC SF - 1 per 3000 SF of each lit SF 3316 ;436 VEHICLE ':4: IN-PLACE DENSITIES IMin 31 ASTM 06938 A2. SELECT FILL 1' Select Fill 95% ASTM D698 al or above OMC 5F -1 per 3000 SF of each lift SF 3316 5486 VEHICLE 5600 IN-PLACE DENSITIES (Min 3) ASTM D6938 1 1 kip 545.CC. 113.00 3 3 ea SA. $132.00 1 t $4s ur] $45.00 A -r3 $44.CC $264.00 B. HOLLY ROAD TANK - 4A. TANK DENSITIES SUBTOTAL $486.00 Wednesday, March 16 2016 Page 11 of 14 EXHIBIT "A" Page 11 of 14 P021816A E11012 Elevated Water Storage Tanks City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. B. HOLLY ROAD TANK - 4B. TANK SLAB C1. CONCRETE 1@7,1@14.3428 4000 P51 CY -1 set every 50 CY CY 52 5301 CONCRETE CYL NDERS (4" x 8"1 (Min 4) 5399 CONCRETE CYLINDERS PICK UP FEE 5486 VEHICLE E. OBSERVATIONS Rebar Inspection LIFTS/MIN QTYFREQ QTY RATE AMOUNT 1 2 10 ea 544.00 $440.r,t; 1 1 pour 543.00 $43.CC 2 2 trip 545.00 590.00 HR - per hour CY 52 5486 VEHICLE G 1 1 Tip 545.00 35D OBSERVATIONS (Pier. Rebar:. Structural Steel. et.) I 1 11-u 586.00 545.00 586.00 B. HOLLY ROAD TANK - 4B. TANK SLAB SUBTOTAL $704.00 B. HOLLY ROAD TANK - 4C. TANK TOWER LIFTS/MIN QTYFREQ QTY RATE AMOUNT CI. CONCRETE 1e7,1@14,3@28 4000 PSI D -1 set per day CY 1033 5301 CONCRETE CYLINDERS (4" 8) (Min 4) 5 13 65 ea 544.00 51860.00 5399 CONCRETE CYLINDERS PICK UP FEE 1 1 1 pour 543.00 543.00 5486 VEHICLE 1 14 14 trip $45.00 5630.00 E. OBSERVATIONS Rebar Inspection HR - per hour CY 1033 550: OBSERVATIONS Pier. Rebar, Structural Steel, elcl 8 Nr $HS.CC 5688.00 B. HOLLY ROAD TANK - 4C. TANK TOWER SUBTOTAL $4,221.00 Wednesday, March 16. 2016 Page 12 of 14 EXHIBIT "All Page 12 of 14 P021816A E11012 Elevated Water Storage Tanks City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. B. HOLLY ROAD TANK - 4D. TANK FOUNDATION C1. CONCRETE 1@7,1@14,3028 4000 P51 CY - 1 set every 50 CY CY 447 5301 CONCRETE CYLINDERS {4" x 8 1 {Min 41 5399 CONCRETE CYLINDERS P CK UP FEE 5486 VEHICLE E. OBSERVATIONS Rebar Inspection HR • per hour CY 447 5456 VEHICLE 5501 OBSERVATIONS (Pier. Rebar. Structural Steel, etcl LIFTS/MIN QTYFREQ QTY RATE AMOUNT 5 F 45 ea $44.00 %1,980.00 4 4 pour $43,00 $172.00 5 5lrip $45.00 $225.00 1 trip $45.00 1 I to $86.00 $45.00 $86.00 B. HOLLY ROAD TANK - 4D. TANK FOUNDATION SUBTOTAL $2,508.00 B. HOLLY ROAD TANK - 4E. TANK PILES LIFTS/MIN QTYFREQ QTY RATE AMOUNT CI. CONCRETE 107,1@14,3@26 4000 PSI D -1 set per day CY 565 5301 CONCRETE CYLINDERS (4" x 8"I (Min 41 5399 CONCRETE CYLINDERS PICK UP FEE 5486 VEHICLE D. MISCELLANEOUS Auger Cast Piles Observation (152 Piles (16- x @ 6 per day) HR - per hour CY 565 35:11 5',FRVAT1ONS'Pier. Rebar, 5lruciural Steel. etc) Pile Integrity Testing - ASTM 05882.07 on 25%. of Piles (38 total) Assuming 1 day on site LS • Lump Sum SF C ICC ANALYTICAL TESTING Wednesday, March 16, 2016 5 0 25 125 ea $44.00 55,500.00 1 pour $43.00 $43.00 25 25 Irip $46.00 $1.150.00 25 222 hr $85.00 $17.207.0[1 1 1 Is $3,554.00 $3.554 vx' B. HOLLY ROAD TANK - 4E. TANK PILES SUBTOTAL 527,447.00 Page 13 of 14 EXHIBIT "A" Page 13 of 14 P021816A E11012 Elevated Water Storage Tanks City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. B. HOLLY ROAD TANK - 5. CONC SPLASH PAD AND PLATFORM LIFTS/MIN QTYFREQ QTY RATE AMOUNT A1.SUBGRADE In Sltu Soils Under Concrete Platform 907e to 95% Max Dry Dens ASTM D698 +2% above OMC LF - 1 per 2500 LF of each lift SF 608 5486 VEHICLE 5600 IN.PLACE DENSITIES (Min 3) ASTM D6938 1 1 1 1 trip $45..00 545.00 1 e4 5.44)00 544.00 A4. BEDDING Compacted Sand Fill under Platform per WTR-452 957. ASTM D698 +2% OMC SF -1 per 2500 SF of each SF 608 5600 N PLACE DENSIT ES (Min 3) ASTM D6938 1 1 el, 544 00 544.00 Ci. CONCRETE 1@1.1@14,3@28 4000 P51 CY - 1 set every 50 CY CY 23 5301 CONCRETE CYLINDERS (4" x 8-I (Min 4) r 1 5 ea 544.00 5220.00 5399 CONCRETE CYLINDERS PICK UP FEE 1 1 1 pour 543.00 543.00 5486 VEHICLE 1 1 2Irip 54500 590.00 Wednesday. March 16, 2016 B. HOLLY ROAD TANK - 5. CONC SPLASH PAD AND PLATFORM SUBTOTAL $486.00 GRAND TOTAL $63,400.00 Page 14 0114 EXHIBIT "A" Page 14 of 14 EXHIBIT B TERMS AND CONDITIONS TO TESTING AGREEMENT ARTICLE 1. SERVICES: Lab will: 1.1 Provide only those services requested by City Engineer that, in the opinion of Lab, lie within the technical or professional areas of expertise of Lab and which Lab is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, and other standards designated in writing by the City Engineer. 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the Project specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained and parts of the structure of the Project area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the City Engineer or designee documentation of such calibration. Secure representative samples of those materials that the City's contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential and distribute reports only to those persons, organizations or agencies specifically designated in writing by the City Engineer. 1.6 Retain records relating to services performed for City for a period of two years following submission of any reports, during which period the records will be made available to the City at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or designee will: 2.1 Provide Lab with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by Lab. 2.2 Issue authorization in writing giving Lab free access to the Project site and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the City's representative with respect to Lab's services to be performed under this Agreement and which must be promptly notified by Lab when it appears that materials tested or inspected are in non-compliance. Only the City Engineer or designee has authority to transmit instructions, receive information and data and/or interpret and define the City's policies and decisions with respect to the Project. Lab acknowledges that certain City representatives may have different types of authority concerning the Project. 2.4 Advise Lab sufficiently in advance of any operations so as to allow for assignment of personnel by Lab for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct the Project contractor, either by the Construction Contract or direct written order, to: (a) Stop work at the appropriate times for Lab to perform contracted services; (b) Furnish such labor and all facilities needed by Lab to obtain and handle samples at the Project and to facilitate the specified inspection and tests; K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E11012 ELEVATED WATER STORAGE TANKS - CITYWIDE (ACR IMPLEMENTATION PHASE 2)\ROCK CONSTR MATERIALS TESTING \CO NTRACT. DOC Rev. 12/15/15 (c) Provide and maintain for use of Lab adequate space at the Project for safe storage and proper curing of test specimens that must remain on the Project site prior to, during and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 Lab, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to the Project that, by custom or contract, are vested in the Project architects, design engineers or any other design agencies or authorities. 3.2 Lab is not authorized to supervise, alter, relax, enlarge or release any requirement of the Project specifications or other contract documents nor to approve or accept any portion of the work. Lab does not have the right of rejection or the right to stop the work. City Engineer will direct the Project contractor to stop work at appropriate times for Lab to conduct the sampling, testing or inspection of operations covered by the Agreement. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 City and Lab agree that Lab will be on-site to perform inspections for contracted services. The City and Lab also agree that Lab will not assume responsibility for Project contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by Lab will not relieve the Project contractor of its responsibilities for performing the work in accordance with the Project plans and specifications. For the purposes of this Agreement, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by Lab as specified in the Agreement. Continuous monitoring by Lab or its subcontractors does not mean that Lab is approving placement of materials. Inspection is not and should not be construed to be a warranty by Lab to the City or any other party. 4.2 Samples collected or tested by Lab remain the property of the City while in the custody of the Lab. Lab will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, Lab will dispose of non -hazardous samples, and return hazardous, acutely toxic or radioactive samples and samples' containers and residues to City. City agrees to accept such samples and samples' containers. ARTICLE 5. STANDARD OF CARE AND WARRANTY Services performed by Lab will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the Agreement or any reports. Lab will not be responsible for the interpretation or use by others of data developed by Lab. ARTICLE 6. INDEMNIFICATION Lab 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 Lab or its agent, Lab under contract or another entity over which Lab 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. Lab 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 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E11012 ELEVATED WATER STORAGE TANKS - CITYWIDE (ACR IMPLEMENTATION PHASE 2)\ROCK CONSTR MATERIALS TESTING \CO NTRACT. DOC Rev. 12/15/15 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 Lab shall reimburse the City's reasonable attorney's fees in proportion to the Lab's liability. Lab must advise City in writing within 24 hours of any claim or demand against City or Lab known to Lab related to or arising out of Lab's activities under this Agreement. ARTICLE 7. INVOICES AND PAYMENT 7.1 Lab will submit progress invoices to City Engineer monthly and final invoice upon completion of services. Each invoice is due and payable by City within 30 days of receipt and approval to pay by the City Engineer. 7.2 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. ARTICLE 8. INSURANCE REQUIREMENTS 8.1 Lab must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Lab must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 8.2 Lab must furnish to the Director of Engineering Services with the signed agreement (or amendment) 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 must 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 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E11012 ELEVATED WATER STORAGE TANKS - CITYWIDE (ACR IMPLEMENTATION PHASE 2)\ROCK CONSTR MATERIALS TESTING \CO NTRACT. DOC Rev. 12/15/15 8.3 In the event of accidents of any kind related to this agreement, Lab must furnish the City with copies of all reports of any accidents within 10 days of the accident. 8.4 Applicable for paid employees, Lab 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 Lab will be promptly met. An All States Endorsement shall be required if Lab is not domiciled in the State of Texas. 8.5 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lab'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. Lab is required to provide City with renewal Certificates. 8.6 Lab 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. Lab 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 8.7 Lab agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: (a) List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy and professional liability/Errors & Omissions policy; (b) 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; (c) Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and (d) 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. 8.8 Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Lab shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lab'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. K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E11012 ELEVATED WATER STORAGE TANKS - CITYWIDE (ACR IMPLEMENTATION PHASE 2)\ROCK CONSTR MATERIALS TESTING \CO NTRACT. DOC Rev. 12/15/15 limitations regarding who is insured. WORKERS' COMPENSATION (All States Endorsement if domiciled in Texas) Employer's Liability Company is not Statutory $500,000 /$500,000 /$500,000 8.3 In the event of accidents of any kind related to this agreement, Lab must furnish the City with copies of all reports of any accidents within 10 days of the accident. 8.4 Applicable for paid employees, Lab 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 Lab will be promptly met. An All States Endorsement shall be required if Lab is not domiciled in the State of Texas. 8.5 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lab'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. Lab is required to provide City with renewal Certificates. 8.6 Lab 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. Lab 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 8.7 Lab agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: (a) List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy and professional liability/Errors & Omissions policy; (b) 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; (c) Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and (d) 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. 8.8 Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Lab shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lab'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. K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E11012 ELEVATED WATER STORAGE TANKS - CITYWIDE (ACR IMPLEMENTATION PHASE 2)\ROCK CONSTR MATERIALS TESTING \CO NTRACT. DOC Rev. 12/15/15 8.9 In addition to any other remedies the City may have upon Lab'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 Lab to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lab hereunder until Lab demonstrates compliance with the requirements hereof. 8.10 Nothing herein contained shall be construed as limiting in any way the extent to which Lab may be held responsible for payments of damages to persons or property resulting from Lab's or its subcontractor's performance of the work covered under this agreement. 8.11 It is agreed that Lab'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. 8.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. ARTICLE 9. TERMINATION OF AGREEMENT The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to Lab at the address of record. Lab will be compensated for services performed up to termination. ARTICLE 10. CONTROLLING LAW This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lie exclusively in Nueces County, Texas. ARTICLE 11. DISCLOSURE OF INTERESTS 11.1 Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this Agreement, if required. 11.2 Lab agrees to comply with section 2252.908 of the Texas Government Code and complete Form 1295 Certificate of Interested Parties as part of this Agreement, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. 11.3 Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi 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. ARTICLE 12. CLAIMS 12.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized representative. The responsibility to substantiate a claim rests with the party making the claim. 12.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. ARTICLE 13. EXTENT OF AGREEMENT 13.1 This Agreement, including Exhibit "A" and these Terms and Conditions, represents the entire Agreement between City and Lab and supersedes all prior negotiation, representations or agreements, written or oral. This Agreement may be amended only by a written instrument signed by duly authorized representatives of City and Lab. If any conflict occurs between these Terms and Conditions and any other part of this Agreement, these Terms and Conditions are controlling. K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E11012 ELEVATED WATER STORAGE TANKS - CITYWIDE (ACR IMPLEMENTATION PHASE 2)\ROCK CONSTR MATERIALS TESTING \CO NTRACT. DOC Rev. 12/15/15 13.2 In the event that any one or more of the provisions contained in this Agreement are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this Agreement will be construed as if the invalid or unenforceable matters were never included in this Agreement. No waiver of any default will be a waiver of any future default. 13.3 Neither party will assign this Agreement without the express written approval of the other, but Lab may subcontract laboratory procedures as Lab deems necessary to meet the obligations of this Agreement. ARTICLE 14. SAFETY City and Lab agree that, in accordance with the generally accepted construction practice, the Project's general contractor will be solely and completely responsible for working conditions on the Project, including safety of all persons and property during the performance of the work and for compliance with all municipal, state and federal laws, rules and regulations, including OSHA. The duty of Lab in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the Project's general contractors safety measures in, on or near the Project site. K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E11012 ELEVATED WATER STORAGE TANKS - CITYWIDE (ACR IMPLEMENTATION PHASE 2)\ROCK CONSTR MATERIALS TESTING \CO NTRACT. DOC Rev. 12/15/15 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 C Monthly Invoices COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 07/27/00 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 $1,00❑ 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% ❑ 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 046 $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% K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E11012 ELEVATED WATER STORAGE TANKS - CITYWIDE (ACR IMPLEMENTATION PHASE 2)\ROCK CONSTR MATERIALS TESTING \CO NTRACT. DOC Rev. 12/15/15 SUPPLIER NUMBER TO BE ASSIGNED BY crit PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Rock Engineering, and Testing Laboratory, Inc. P. O. BOX: STREET ADDRESS: 6817 Leopard Street FIRM IS: 1. Corporation 4. Association CITY: Corpus Christi 2. Partnership 5. Other ZIP: 78409 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 havitT an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION 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: Curtis A. Rock Title: Business Development Manager (Type or Print) Signature of Certifying Date: Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g - "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Carpus Chr sti Engineering Elevated Water Storage Tanks - Citywide (Alternative Capacity Requirement Implementation Phase 2) Council Presentation April 12, 2016 Project Location Grocery Rob:down Rand Morgan EST (75 MG) Yerra Grande Petronila Mostan lsfand Holly Road EST (3 MG) Elevated Water Storage Tanks Citywide Corpus Chr sti Engineering 2 Project Location Holly Road Elevated Storage Tank Corpus Chr'sti Engineering Rand Morgan (0.75 MG) Rand Morgan Elevated Storage Tank Alternative Capacity Requirement (ACR) Implementation Plan - TCEQ Corpus Chr sti Engineering ➢ Texas Administrative Code (30 TAC) requirement : 100 gal/connection for water system; ➢ Currently 24 gal/connection for City; ➢ ACR Plan approved by TCEQ (2012 ): 50 gal/connection; 4 phases of construction in 9 years. • Phase 1: Emergency power generators (Under Design*) • Phase 2: Installation of ESTs at Holly RD and Rand Morgan St. (This prosect for construction) • Phase 3: Installation of the fourth EST at Starry RD. • Phase 4: Installation of the third EST at Nueces Bay Blvd. ACR Implementation Plan 12- 13 13- 14 14- 15 15- 16 16-17 17-18 18- 19 19- 20 20-21 Phase 1 Navigation and Statples Generators Design Construction Phase 2 Holly RD and Rand Morgan ESTs Land Acquisition Design Construction Phase 3 Starry RD EST Design Construction Phase 4 Nueces Bay Blvd. EST Land Acquisition Design Construction * Note: Phase 1 was delayed, and TCEQ agreed to complete before Phase 2. Project Scope Carpus Chr sti Engineering This is the second Phase of ACR Implementation Plan of Elevated Storage Tank (EST) approved by TCEQ in 2012. The work includes: 1. Installation of 3.0 MG EST at Holly Road; 2. Installation of 0.75 MG EST at Rand Morgan Street; 3. Installation of hydrodynamic mixing system; 4. Associated piping, valves, SCADA, site development and utility connections. Project Schedule Corpus Chr sti Engineering 2016 2017 Jan Fe b Mar Apr Bid & Award May Jun Jul Aug Sep Oct Nov Dec Jan Fe b Mar Apr May Jun Jul Aug Se p Oct Nov Dec Construction Project Estimate: 580 Calendar Days = 20 Months Projected Schedule reflects City Council construction award in April 2016 with anticipated construction completion by December 2017. Future Rand Morgan EST City of Corpus Christi Water System Pressure Zone Map Future Nueces Bay EST Legend u, Pressure Zone 1 Pressure Zone 2 Future Holly EST Future Starry EST Existing Coral Vines EST 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: 2016-23463 Date Filed: 03/08/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. CB&I Inc. The Woodlands , 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. E11012 Elevated Water Storage Tanks — Citywide (ACR Implementation Phase 2) 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. ,••'I.," , KELLY MARIE RENICK ?' Notary Public, State of Texas 2.."': .a Comm. Expires 03-30.2020 syr of �+,• 7 _..----- - i � mo Notary ID 128939513 Sit attire of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Savor to and subscribed before me, by the said �/� y� j ke.. Cum this the' " day ofUE/�.Jt1%'� 20 , to certify which, witness my hand and seal'6f office. ► ■1(A� i ICIL V� .+e1 i �{l• L A 6f •ll[f� �'i ri Egnature of officer administering oath Printed of officer administering oath Title of officer administering oath 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: 2016-28112 Date Filed: 03118/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Rock Engineering and Testing Laboratory, 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. E11012 Construction Materials Engineering 4 Name of Interested Party City, State, Country {}dace of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. .•• TOREN LEILANI ROCK Notary Public, State of iexos` •'1:?w'h. = My Commission Expires♦�ll� Morch26.2o)7� NO Sgnal re authoried agent of contracting business entity AFFIX NOTARY STAMP / SEAL. ABOVE r -- r. Sworn to and subscribed before me, by the said OV S P-£ C , this the Ilbyr, day of MZirtln , ` 20 !t! , to certify which, witness my hand and seal of office. 4,0A,2-RQrch L. %Loc- Act- ..n`5 Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath arms provided by Texas Ethics Commission www.ethics. state.tx. us Version V1.0,312 AGENDA MEMORANDUM Future Item for the City Council Meeting of April 12, 2016 Action Item for the City Council Meeting of April 19, 2016 DATE: TO: March 22, 2016 Ronald L. Olson, City Manager THRU: Mark Van Vleck, P.E., Assistant City Manager MarkVV©cctexas.com (361) 826-3897 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 Enqineerinq Construction Contract Citywide Collection System Pipebursting Indefinite Delivery / Indefinite Quantity Part B CAPTION: Motion authorizing the City Manager or designee to execute a multi-year construction IDIQ contract with PM Construction & Rehab, LLC of Pasadena, Texas in the amount of $1,875,000 for the Citywide Collection System Pipebursting Project. Contract renewals for four (4) optional future years will be administratively approved. PURPOSE: The purpose of this agenda item is to obtain authority to execute a multi-year IDIQ construction contract for the Citywide Collection System Pipebursting Project- Part B, Base Bid. BACKGROUND AND FINDINGS: This is part of the City's ongoing program to re -capitalize the aging sanitary sewer collection system and to eliminate sanitary sewer overflows and infiltration. CIP Description: This project will replace existing sanitary sewer lines 24 -inch and under throughout the City by pipe bursting under a multi-year indefinite delivery/indefinite quantity (ID/IQ) construction contract. This contract complements both the City's ongoing City Wide Collection System Replacement and Rehabilitation ID/IQ program and the City's ongoing City Wide Collection System Pipebursting ID/IQ program. This additional pipebursting contract provides additional resources and flexibility to improve the implementation of the program. Pipe bursting is a well-established trenchless method that is widely used for the replacement of deteriorated pipes with a new pipe of the same or larger diameter. Pipe bursting is typically cost- effective if the existing pipe is deep, below the ground water table (GWT), and the existing pipe is undersized. Pipe bursting is also an effective alternative to reduce disturbance to streets, businesses and residents verses open cut technique. On March 2, 2016, the City received proposals from six (6) bidders and the respective bids were as follows: CONTRACTOR TOTAL BASE BID PM Construction & Rehab, LLC Pasadena, Texas $7,419,979.75 Texas Pride Utilities, LLC Houston, Texas $8,178,600.00 National Power Rodding Corp. Austin, Texas $8,456,919.85 T Construction, LLC Houston, Texas $8,778,563.00 Horseshoe Construction, Inc. La Porte, Texas $10,673,675.00 Pronto Sandblasting, Coating & Oil Field Services Company, Inc. San Antonio, Texas $18,089,750.00 The proposed construction contract is a multiple year IDIQ with a base year plus 4 optional years. The unit quantities outlined in the bid documents were used for evaluation purposes only to represent possible quantities over a 5 year contract duration. The base year award will be $1,875,000, which represents approximately 1 years' worth of work. Additional years will be issued at the same award value based on available funding. Subsequent additional option years will be administratively authorized by the City Manager or designee based on available funding. Each contractor submitted unit prices for defined construction activities to use in subsequent delivery orders to determine the most cost effective repairs. The City's consultant, LNV, Inc. analyzed the three proposals. The lowest responsible bidder, based on the quantities provided for evaluation purposes, is PM Construction & Rehab, LLC of Pasadena, Texas. Based on a review of PM Construction and Rehab's experience and resources from the information they submitted in accordance with the contract documents, PM Construction & Rehab, LLC is qualified to provide the construction services for the program. An award in the amount of $1,875,000 is based on available project funds. All work will be executed by individual delivery orders in accordance with plans, specifications, and contract documents prepared by the Engineer. ALTERNATIVES: 1. Authorize the execution of the construction contract. 2. Do not authorize the execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: This project is part of the Sanitary Sewer Overflow (SSO) program. CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $2,200,000.00 $2,200,000.00 Encumbered / Expended Amount $7,680.00 $7,680.00 This Item $1,875,000.00 $1,875,000.00 Future Anticipated Expenditures This Project $299,500.00 $299,500.00 BALANCE $17,820.00 $17,820.00 Fund(s): Wastewater CIP #2 Comments: This is a multi-year IDIQ with individual delivery orders that will not exceed $1,875,000. RECOMMENDATION: City Staff and LNV Inc. recommends approval of a construction contract with PM Construction & Rehab, LLC of Pasadena, Texas in the amount of $1,875,000 for the Citywide Collection System Pipebursting IDIQ Part B for the total Base Bid. Contract renewals for future years will be administratively approved. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 PROJECT BUDGET City -Wide Collection System Pipebursting Indefinite Delivery/Indefinite Quantity (IDIQ) Part B FUNDS AVAILABLE: Wastewater CIP $2,200,000 FUNDS REQUIRED: Construction: Construction (PM Construction & Rehab, LLC) THIS ITEM 1,875,000 Contingency (10%) 187,500 Design and Testing: Engineer Part B (LNV) 7,680 Construction Materials Testing Estimate (TBD) 30,000 Reimbursements: Total Reimbursements 82,000 Administration/Finance (Capital Programs/Capital Budget/Finance).... 33,000 Engineering Services (Project Mgmt/Constr Mgmt) 44,000 Miscellaneous 5,000 TOTAL 2,182,180 ESTIMATED PROJECT BUDGET BALANCE $17,820 JJ rth Sart Pedro Robsto+in °dem Rancho Chico Morgan Del Sol -Lorna Farm Area Linda Taft Doyle Portland NueceS Bay Petranila Tierra Grand rrstl Citywide Collection System Pipe Bursting ID/IQ Part B wfv Chapman Ranch T+ Tradewincs Gregory/./ 00, 3611 Ir'JIF51Lle Ingleside on the Bay VICINITY MAP4 NOT TO SCALE PROJECT: E15209 Citywide Collection System Pipe Bursting ID/IQ Part B CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Carpus Citrsti trig ineering Citywide Collection System Pipebursting Indefinite Delivery / Indefinite Quantity Part B Council Presentation April 12, 2016 Project Location Citywide Collection System Pipe Bursting ID/IQ Corpus Chr'sti Engineering Project Scope Corpus Chr'sti Engineering This project is part of the City's ongoing Program to re- capitalize the aging sanitary sewer collection system and to eliminate overflows and infiltration. Major activities include: • Multi -Year IDIQ with base plus 4 years ($1,875,000) • Rehabilitation and/ or replacement of gravity collection lines by pipe bursting lines (6" to 24" diameter) • Control of wastewater flows (by-passing) • Cleaning and televised inspection of conduits • Temporary traffic control measures 3 Project Scope Corpus Chr'sti Engineering Pipebursting Example Isc ueu► Ape Iln.nli ,n Pi Pilling CO) Old Pi Te en' B „ >w 111110.11117111i pilIMPIMI ■ ■ f?iu iin_f?c 1 '.'ial('uu.c't,a. acpn. ❑ ilt Pipe bursting is a well-established trenchless method that is widely used for the replacement of deteriorated pipes with a new pipe of the same or larger diameter. Pipe bursting is typically cost-effective if the existing pipe is deep, below the ground water table (GWT), and the existing pipe is undersized. Pipe bursting is also an effective alternative to reduce disturbance to streets, business and residents verses open cut technique. Bid Summary Carpus ehr'sti Engineering Contractor PM Construction & Rehab, LLC Texas Pride Utilities, LLC National Power Rodding Corp. T Construction, LLC Horseshoe Construction, Inc. Pronto Sandblasting, Coating & Oil Field Services Company, Inc. Base Bid $7,419,979.75 $8,178,600.00 $8,456,919.85 $8,778,563.00 $10,673,675.00 $18,089,750.00 The ID/IQ contract documents were prepared as a one-year $1,875,000 base construction contract with the option to extend up to four (4) possible one-year renewals. Subsequent additional option years will be administratively authorized by the City Manager or designee based on available funding. Project Schedule Corpus Chr sti Engineering 2016 1 2017 Feb Mar Apr May Jun Bid & Award Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Construction Project Construction Estimate: 365 Calendar Days = 12 Months Estimated Completion May 2017 This project is a multi-year Indefinite Delivery/Indefinite Quantity (IDIQ) construction contract with a one-year (12 calendar months) base contract and four optional one-year renewal options. 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: 2016-30848 Date Filed: 03/24/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. PM Construction & Rehab, LLC 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, Texas 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. E15209 City Wide Collection System Pipebursting IDIQ Part B 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Inland Pipe Rehabilitation, LLC The Woodlands, TX United States X 5 Check only if there iSNp Interested Parry. ❑ %�tttt1l ratio 6 AFFIDAVI .z• s 1. ►rro AFFIX NOTARY to and 20 16 4.0 .c*..••'' yp••�' 0 Gg'.. N f. -S ...k yj'/q �{ Pco .1. O\"oF 7 j' ,..P► {..?.••' ' �' %,, 13,20` 849,0f%AL ABOVE subscribed before me, by the said I swear, or affirm, under penaltyof perjury, that the above disclosure is true and correct. p 1 Y. 1 f Signature of authorized agent of contracting business entity Bac .this the 24 day of March Ong , to certify which, witness my hand and seal of office. S Medina Notary % I aft - Katharine , 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 ersion V1.0. AGENDA MEMORANDUM Future Item for the City Council Meeting of April 12, 2016 Action Item for the City Council Meeting of April 19, 2016 DATE: April 12, 2016 TO: Ronald L. Olson, City Manager FROM: Yasmine Chapman, Director of Human Resources YasmineC@cctexas.com (361) 826-3878 Steve Viera, Benefits Manager SteveV@cctexas.com (361) 826-3445 Maria Pedraza, Procurement Manager MariaPe@cctexas.com (361) 826-3176 Employer Sponsored Wellness Clinic Service Agreement CAPTION: Resolution authorizing the City Manager or designee to negotiate and execute a service agreement with Concentra Health Services, Inc., to provide management and operation of the City's employer-sponsored Wellness Clinic for a two-year term, with up to three one-year extensions. PURPOSE: Approval to execute a contract with the recommended Employer Sponsored Wellness Clinic proposer. BACKGROUND AND FINDINGS: In January 2016, The City's Human Resources — Benefits Division began the process of creating a Request for Proposal (RFP) for an Employer-sponsored Wellness Clinic Event No. 103. With the assistance of the City's Benefit Consultant, Randy McGraw for HUB International Insurance Services, and a Senior Buyer of the City's Purchasing Division, the RFP was advertised and issued on February 22, 2016. The RFP was advertised, posted on the City's Supplier Portal and issued. An evaluation team comprised of Human Resource Department staff and consultant, reviewed the proposals and scored each according to the criteria below. The consultant participated in an advisory capacity and did not participate in scoring the proposals. Proposals were evaluated across three major criteria: profile qualifications, technical solution, and fee proposal. The team evaluated five proposals based on the following criteria and weighting scale: Proposer's Profile and Qualifications - 30% Technical Solution - 30% Fee Proposal - 40% The team held evaluation meetings on March 16, 2016 and selected two finalists to make best and final offers. On March 23, 2016, best and final offers were received and scored from the top two proposers: Concentra Health Services Inc. and IMWELL Health Services. The evaluation team was unanimous in its recommendation that a contract award be offered to Concentra Health System, Inc. The term of the contract will be for two years, with an option to extend for up to three additional one-year terms. The total estimated cost for the initial year of the contract with Concentra is $ 604,860 plus a variable pass through cost of $103,000. The estimated cost projections reflect an increase of $79,360 with the recommended proposer. This service will be used by the Human Resources Department to provide primary care and wellness services to eligible active employees, retirees and their eligible dependents and/or surviving spouses. We are seeking approval to execute a contract for the City's Employer - Sponsored Wellness Clinic. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures along with the State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Human Resources Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $709,151.00 $1,110,958.00 $1,820,109.00 Encumbered / Expended Amount $374,337.00 $0 $374,337.00 This item $275,620.00 $1,110,958.00 $1,386,578.00 BALANCE $59,194 $0 $59,194 Fund(s): Other Employee, Wellness Clinic and Wellness Program RECOMMENDATION: Staff recommends approval of the resolution LIST OF SUPPORTING DOCUMENTS: Service Agreement- Employer Sponsored Wellness Clinic Resolution Resolution authorizing the City Manager or designee to negotiate and execute a service agreement with Concentra Health Services, Inc., to provide management and operation of the City's employer- sponsored Wellness Clinic for a two-year term, with up to three one- year extensions. WHEREAS, use of a wellness clinic, administered by the Human Resources Department, provides primary care and wellness services to eligible active employees, retirees, and their eligible dependents and surviving spouses; WHEREAS, with the assistance of the City's benefit consultant, HUB Inter- national Insurance Services, a Request for Proposal to manage and operate the employer-sponsored Wellness Clinic was advertised and issued on February 22, 2016; WHEREAS, an evaluation team composed of City staff and the consultant reviewed the responses and was unanimous in its recommendation that a contract be offered to Concentra Health Services, Inc. ("Concentra"), providing the best value to the City, for a two-year term, with an option to extend for up to three additional one-year terms. WHEREAS, the total estimated cost for the initial year of the two-year contract with Concentra is $1,386,578.00; and WHEREAS, the City Council finds that a contract award to Concentra provides the best value to the City for the management and operation of the Wellness Clinic. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The City Manager or his designee is authorized to negotiate and execute a contract with Concentra Health Services, Inc., having its principal Texas office located in Addison, to provide management and operation of the City's employer-sponsored Wellness Clinic for a two-year term, with up to three one-year term extensions, in accordance with Request for Proposal Event Number 103. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Nelda Martinez, Mayor Corpus Christi, Texas day of , 20 The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Lucy Rubio Brian Rosas Mark Scott Carolyn Vaughn SERVICE AGREEMENT EMPLOYER-SPONSORED WELLNESS CLINIC Contract No. 644 THIS Employer -Sponsored Wellness Clinic ("Agreement") Is entered into by and between Concentra Health Services, Inc., of Addison, Texas ("Contractor') and the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), by and through its duly authorized City Manager or his designee ("City Manager"), effective for all purposes upon execution by the City Manager. WHEREAS, Contractor has proposed to provide management and operation of an employer-sponsored wellness clinic services in response to the City's Request for Proposals ("RFP Event No. 103"): WHEREAS, the City has determined Contractor to be the best valued respondent NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide management and operation of an employer- sponsored mployersponsored wellness clinic ("Services") in accordance with Scope of Work ("Attachment A"), and as detailed in Contractor's Technical Proposal ("Attachment B") which are Attached and Incorporated by Reference into this Agreement. 2. Compensation and Payment. The total amount to be paid under the initial term of this agreement shall not exceed 1,386,578.00. Fees will be paid as outlined in Attachment C "Fee Schedule" attached and Incorporated by Reference into this agreement. Contractor shall submit monthly invoices for all services rendered in accordance with this agreement. Payment will be made to Contractor within thirty (30) days of receipt of proper invoice. 3. Term. This Agreement takes effect upon execution of the City Manager or designee and continues for two years with an option to extend for up to three additional one-year periods. 4. Contract Administrator. The contract administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of the Contractor's notices or communications regarding this Agreement must be directed to the contract administrator, who is the Director of Human Resource or designee ("Contract Administrator"). 5. Independent Contractor. Contractor will perform the Services as an independent contractor and will furnish such Services in its own manner and method, and under no 1 circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 6. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company, or companies, must deliver a Certificate of Insurance, as proof of the required insurance coverages, to the Contract Administrator and City's Risk Manager. The Contractor's insurance requirements are attached to and incorporated by reference into this Agreement as Attachment "D". 7. Assignment. No assignment of this Agreement or of any right or interest contained in this Agreement by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 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 on September 30th) is subject to appropriations and budget approval providing for covering such contract item as an expenditure in the budget. The City does not represent that said budget item will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 9. Waiver. No waiver of any breach of any term or condition of this Agreement, or the Consultant's response to RFP, which exhibit is incorporated into this Agreement, 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 the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 11. Subcontractors. The Contractor may use subcontractors in connection with the Services to be performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator. in using subcontractors, the Contractor shall be 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 upon execution by authorized representatives of both parties. 13. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the Services. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable 2 J opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City Manager may terminate this Agreement without cause upon 20 days' written notice to the Contractor. However, the City may terminate this Agreement upon three days' written notice to the Contractor for Contractor's failure to pay or provide proof of payment of taxes, as set out in this Agreement. 14. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes in accordance with Circular E, "Employer's Tax Guide", Publication 15, as it may be amended. Upon request, the City Manager shall be provided proof of payment of one or more of these taxes within 15 days of such request. 15. Notice. Notice may be given by hand delivery or certified mail, postage prepaid, and is received on the day faxed or hand -delivered 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: Director of Human Resource 1201 Leopard Street Corpus Christi, Texas 78401 IF TO CONTRACTOR: Contractor Name: Contact Person: Address: City, State, Zip: Concentra Health Services. Inc. Keith Newton, President and Chief Executive Officer 5080 Spectrum Drive. Suite 1200W Addison. Texas 75001 16. Severability. Each provision of this Agreement shall be considered to be severable and if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, and this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 17. Entire Agreement. This Agreement constitutes the entire agreement between the parties conceming the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. 18. Order of Precedence. In the event of conflicts or inconsistencies between this Agreement and its exhibits or attachments, such conflicts or inconsistencies will be resolved by reference to the documents in the following order of priority: this Agreement and its Attachments, the RFP documents including Addenda. 3 19. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 "Certificate of Interested Parties" cis part of this Agreement. 20. 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 PERSONAL INJURIES, INCLUDING THOSE RESULTING IN WORKERS' COMPENSATION CLAIMS OR DEATH, PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF LOSS OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, REASONABLE ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF CONTRACTOR'S PERFORMANCE OF THIS AGREEMENT EXCEPT WHERE THE INJURIES, DEATH, LOSS, OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE NEGLIGENCE OR INTERNTIONAL ACTS OR OMISSIONS OF INDEMNITEES. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL NOTICES, CLAIMS, AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 21. Conflict of Interest. Contractor 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 CONTRACTOR: Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI Margie Rose Deputy City Manager For City Manager Date APPROVED AS TO LEGAL FORM: Buck Brice Assistant City Attorney For City Attorney Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Contractor's Technical Proposal Attachment C: Fee Schedule Attachment D: Insurance Requirements Incorporated by Reference Only: Exhibit A: Request for Proposals Event No. 103 5 Attachment A: Scope of Work The Contractor will provide services to operate a wellness clinic and offer full access to primary care including, but not limited to: episodic care, disease management, and wellness programs focused on health promotion and disease prevention to eligible active employees, retirees and their eligible dependents and/or surviving spouses. The wellness clinic's staff shall be properly sponsored and supervised as required by the State of Texas. Neither the City nor its health benefits fund will assume any liability for the practice of medicine. The Contractor will oversee the operation of the clinic and be responsible for all expenses incurred, such as but not limited to: staffing, supplies {both medical and office), facilities, record maintenance, telephone, and any special needs regarding waste removal or security. All services, data management and record keeping will be HIPAA and HITECH compliant. Services will be performed as outlined in the Contractor's Technical Proposal "Attachment 8" to this Agreement. • Clinic Location. 6th Floor of City Hall in Corpus Christi, TX • Program Participants . 5,711 program participants including: C Employees: 2,528 C Dependents: 2,971 C Retirees under 65: 134 0 Retiree dependents: 78 • Hours of Operation. Monday through Friday, 7:00 a.m. to 7:00 p.m. 6 Attachment B: Contractor's Technical Proposal TECHNICAL PROPOSAL Employer-sponsored Wellness Clinic Request for Proposal No. 103 PRESENTED TO City of Corpus Christi, TX PRESENTED BY Concen .ra DUE: March 14, 2016 12:00 p.m. CST Kris Troncoso Assistant Vice President National Accounts 5080 Spectrum Drive, Suite 1200W Addison, TX 75001 Phone: 713.542 6251 E-mail: kris_troncoso@concentra com Employer-sponsored Wellness Clinic Request for Proposal No. 103 Request for Best and Final Offer Clarification PRESENTED TO City of Corpus Christi, TX PRESENTED BY Concen via Kris Troncoso Assistant Vice President National Accounts 5080 Spectrum Drive, Suite 1200W Addison, TX 75001 Phone: 713.542.6251 E-mail: kris_troncoso@concentra.com DUE: March 29, 2016 Concen gra° March 29, 2016 Lydia Juarez, Procurement Officer City of Corpus Christi Purchasing Division 1201 Leopard St. 4th Floor, City Hall Corpus Christi, TX 78401-2825 RE: Request for Proposal for an Employer-sponsored Wellness Clinic, RFP No. 103 Best and Final Offer Clarification Dear Ms. Juarez: Concentra is in receipt of the City of Corpus Christi's (the City) follow-up questions, dated March 29, 2016 in response to Request for Proposal (RFP) Number 103 for an Employer-sponsored Wellness Clinic. We value the City's continued consideration of Concentra as a potential vendor and are pleased to provide our response to the requested information below. Concentra has reviewed its exceptions to the City's Terms and Conditions as set forth in Concentra's March 4, 2016 letter and in Attachment B to Concentra's Technical Proposal dated March 14, 2016. As requested by the City, Concentra is willing to rescind its exceptions to Paragraphs 2 (Fee), 3 (Term), 13 (Termination), of the Terms and Conditions, as well as Concentra's requested additional provisions. Concentra requests that the City agree to Concentra's revisions to Paragraph 17 (Indemnification), only. It is understood that Concentra's Technical Proposal will be made a part of any contract, and that the provision of services as set forth therein will guide the parties. Furthermore, the BAFO pricing submitted on March 23, 2016 is to be used and will supersede the original pricing structure submitted in our initial RFP response. Concentra appreciates the opportunity to participate in the City's process. Should you have any questions, please feel free to contact me via phone or by e-mail. Respectfully submitted, Kris Troncoso National Accounts 5060 Spectrum Drive, Suite 1200W Addison, TX 75001 Phone: 713.542.6251 E-mail: kris_troncoso@concentra.com concentra,com • 5080 Spectrum Drive. 1200 West Tower. Addison Texas 75001 • 800 232 3550 • 972 725 6439 55.60 I $5.60 I 55.60 I 55.60 I $5.60 I Estimated City of Corpus Program Costs Christi One Time Feel _ One Tsme Fee I1 One Time Fee 41, One Time e71, [-One Time Fee 9 Network Installation 510,500 Data Feed 57,000 Technology/Software Licenses 516,000 1111 Implementation Fee 526,000 TOTAL START-UP COSTS 559,500 $0 $0 $0 $0 Near-Three Year_FoulA Physician Oversight - 0.16 FTE 566,560 569,888 $73,382 $77,051 580,904 Nurse Practitioner/APN -1.6 FTE 5259,000 5271,950 5285,548 5299,825 5314,816 Medical Assistant - 2 FTE 5111,000 $116,550 5122,378 5128,497 5134,922 TOTAL LABOR COSTS 5436,560 5458,388 $481,308 5505,373 5530,642 ngOmg Fee Network Connectivity 58,300 $8,715 59,151 59,609 510,089 Equipment Lease 54,000 $4,200 $4,410 $4,631 $4,863 Technology Fee 516,000 $16,800 517,640 518,522 519,448 Management Fee 580,500 584,525 588,751 593,189 597,848 TOTAL ONGOING FIXED FEES $108,800 $114,240 5119,952 5125,951 5132,248 iistima E Estimated Medical Supplies 525,000 $25,750 $26,523 $27,319 528,139 Estimated Laboratory $66,000 $67,980 570,019 $72,120 $74,284 Estimated Office Supplies/Admin/Travel/Other 512,000 512,360 512,731 $13,113 513,506 TOTAL PASSTHROUGH COSTS $103,000 $106,090 $109,273 $112,552 $115,929 ESTIMATED ANNUAL COSTS $707,860 $678,718 $710,533 $743,876 $778,819 Optional Disease Management and Wellness Programming (Viverae) - PEPM Employer-sponsored Wellness Clinic An Request for Proposal No. 103 Finalists — Request for Clarification PRESENTED TO City of Corpus Christi, TX PRESENTED BY Concentra Kris Troncoso Assistant Vice President National Accounts 5080 Spectrum Drive, Suite 1200W Addison, TX 75001 Phone: 713.542.6251 E-mail: kris troncoso@concentra.com DUE: March 22, 2016 12:00 p.m. CST �r oncen Lra City of Corpus Christi, TX ♦ RFP No. 103 Employer-sponsored Wellness Clinic Finalists — Request for C1ar fication March 22, 2016 Lydia Juarez, Procurement Officer City of Corpus Christi Purchasing Division 1201 Leopard St 4th Floor, City Hail Corpus Christi, TX 78401-2825 RE: Request for Proposal for an Employer-sponsored Wellness Clinic, RFP No. 103 Finalists — Request for Clarification Dear Ms. Juarez: Concentra Is in receipt of the City of Corpus Christi's (the City) follow-up questions, dated March 18, 2016 in response to Request for Proposal (RFP) Number 103 for an Employer-sponsored Wellness Clinic. We value the City's continued consideration of Concentra as a potential vendor and are pleased to provide our response to the requested Information on the following pages. 1. You are invited to improve your financial offer which can consist of waiving or redudng any implementation fees, or lowering any proposed ongoing costs and guarantees. Concentra acknowledges the City's offer, and we have adjusted our financial offer accordingly. We include our revised pricing summary as an attachment to our response. 2. Please confirm that your financial offer Incorporates providing the requested clinic services for the hours of operation that the clinic is currently offering, as described In the initial RFP data that was released. Concentra recognizes that the City's requested hours of operation are Monday through Friday, 7:00 a.m. to 7:00 p.m., and we affirm that our offer mirrors the current program hours of operation. 3. Please confirm if your contract is approved by City Council on April 12, 2016 that you can be prepared to operate the clinic before but no later than June 1, 2016. Confirmed. Throughout our more than two decades of experience managing on-site programs, Concentra has successfully Implemented hundreds of tailored solutions by adhering to specified deliverables and timelines and we are prepared to leverage this relevant experience during this phase of the City's program. Our typical Implementation timeline for a new facility Is 120 days and the process begins once an award is made, a Letter of intent (LO1) is executed, and post statement of work meeting. However, the actual timeline is dependent on several variables, including recruiting, renovation or expansion (if needed), build out, etc., 30 days prior to the open for business date, as applicable. Staff recruitment typically requires the greatest amount of time, and we will be proactive in initiating the recruiting process Immediately upon award of the bid. 4. In your original staffing model and price proposal you Included labor costs for a Registered Nurse. The City would be content to replace the RN with a medical assistant. Please reflect that change in your improved offer. Concentra acknowledges the City's request, and we have modified our staffing model, as shown below: After reviewing the requirements outlined in the City's RFP, Concentra proposes the following staffing model: 1.6 FTE Nurse Practitioner (2 clinicians at 0.8 FTE each) 2.0 FTE Medical Assistant 0.16 FTE Physician Oversight March 14, 2016 Page 1 Cntn.,ra` City of Corpus Christi, TX • RFP No. 103 Employer-sponsored Wellness Chic Finalists — Request for Clarification 5. The City also requests a price proposal for access to your local clinic(s) on a per visit fee basis for services similar to those provided through the on-site clinic. Concentra recognizes that the City may require various services to be provided through our freestanding urgent care center located at 4025 S Padre island Dr., Corpus Christi, TX 78411. Our center is accessible and available to offer supplemental services that may not be available at the onsite. Services performed at a Concentra Urgent Care Center (including occupational medicine services such as physical exams, drug testing, audiograms, OSHA surveillance programs) can be provided at a fee for service basis. Workers' Compensation (injury care) services shall be billed in accordance with the Texas Workers' Compensation Commission fee schedule. Urgent care services shall be provided via a contractual agreement with the City's carrier. We provide a sample list of pricing for services available through the Concentra Urgent Care Center as an attachment to our response. 8. Your response to Question 17 in the Clinic Technical tab Indicated that wellness education sessions could be provided at no additional cost If you provided a dedicated Onsite Wellness Coordinator, or at a fee of $125 per hour. Could these services be provided by an existing staff member at no additional cost, which Is the current practice with the current provider? Educational Sessions Concentra can offer group education sessions conducted by the on-site staff within the center as space permits. However, because directly serving patient needs is the primary role of the staff, the number of sessions ultimately offered is dependent on the final staffing solution and availability of the medical professionals. We are open to discussing the opportunity for educational sessions in greater detail during upcoming phases of the project. These sessions may include a wide range of topics and diseases, but also encompass center services such as: • Benefit pian resources (EAP, disease management, etc.) • Exercise counseling • Lifestyle counseling • Nutrition • Physical therapy • Preferred network providers • Smoking cessation • Stress management • Support groups • Weight management • Works practices (ergonomics, safety, surveillance), drug screens Educational Materials Concentra offers a variety of educational materials available for use at Concerrtra.com. The onsite may also obtain copies of this Information and distribute it to patients as needed. Concentra also offers a broad array of standard communication materials that can be used to introduce the onsite to employees, dependents, and retirees, promote it use, and provide information about services. The materials include wellness activities and support available to participants through the onsite. The City will have full access to these materials and we can provide consultative services at no additional cost. in addition, participants will have access to a wide variety of digital educational resources, including health information and articles, self-assessment tools, self -guided behavioral change modules, and a health and wellness information library. Concentra can tailor our available wellness educational materials to the City's population. Upon further evaluation of the population's demographics and health culture, Concentra will determine which materials are most relevant Educational flyers are also available for use at.our website, www.concentra.com, and can be distributed by the on-site staff. March 14, 2016 Page 2 Conce1 1 Lra. City of Corpus Christi, TX • RFP No. 103 Employer-sponsored Wellness Clinic Finalists — Request for Clarification 7. Your response to Question 29 in the Clinic Technical tab described additional fees for wellness and disease management programs. Are these fees expressed a per eligible employee per month, or per participating employee per month? The fees for the wellness and disease management programs are billed on a per -eligible -employee -per - month (PEPM) basis, and established through the monthly eligibility feed from the City. The targeted engagement rate Is 60% - 70%. End of Questions Concentra appreciates the opportunity to participate In the City's process. Should you have any questions, please feel free to contact me via phone or by e-mail. Respectfully submitted, Kris Troncoso National Accounts 5080 Spectrum Drive, Suite 1200W Addison, TX 75001 Phone: 713.542.6251 E-mail: kris_troncoso@concentra.com March 14, 2016 Pape 3 Concentra's onsite center pricing structure Is designed to drive maximum financial success for the City. This method of reimbursement focuses on total employee health and the City's return on investment Our goal is to work with the City to provide a successful Integrated on-site program that leads to long-term success and a mutually beneficial relationship. We are motivated to improve the overall health and quality of life for the City's employees and not to increase clinic volume in order to drive billable services. Concentra's model is an annuat fee for program staffing and management. Concentra will bill labor, technology, and management fees to the City as a flat monthly fee at 1/12 of the annual rate. Ali other costs will be passed through as incurred. Our standard payment terms are net 30 days. Labor, technology, and management fees are subject to 5% annual price increases upon each 12 month anniversary of a signed Agreement. Estimated Start-up Costs Equipment/Supplies/Medications Concentra acknowledges that there are currently operational medical clinics onsite; therefore, startup supply stocking costs should be minimal. Concentra reserves the right to perform a waikthrough of the location and will purchase and pass through only the cost of the equipment and supplies necessary to outfit the clinic space in accordance with Concentra standards. As previously discussed, Concentra will leverage our vendor relationships to acquire the lowest commercially available prices for these items. The actual supply and equipment costs will be dependent upon the facility's size and configuration. Technology Implementation of our technology platform includes the electronic health record and portals. Start-up costs include software licensing, provider training, the City's customized database construction, customization of forms, connection fees, and an initial data feed. Please note, Concentra has included estimated pricing for T1 network connectivity. Each clinic will need to be on a dedicated line meeting Concentra's speed and capacity standards. Concentra proposes to install our preferred network, and pricing will depend on the distance of the loop or the mileage between the telecom and the place of business as well as available providers in the local area. Concentra welcomes the opportunity to discuss other more cost effective options. Estimated Program Costs City of Corpus Christi Start-up Costs One-time Fee Network Installation $10500 Data Feed $7,000 Technology/Software Licenses $19,000 Implementation Fee $40,000 TOTAL START-UP COSTS $59,500 Lobar Costs Annual Fee Physician Oversight - 0.16 FTE $66,560 Nurse Practitioner/APN -1.6 FTE $259,000 Medical Assistant — 2.0 FTE $111,000 TOTAL LABOR COSTS $436,560 r ji,r., ngamg:brd Network Connectivity $8,300 Equipment Lease $4,000 Technology Fee $16,000 Management Fee $80,500 TOTAL ONGOING FIXED FEES $108,800 Estimated Passthrough Costs Annual Estimate Estimated Medical Supplies $25,000 Estimated Laboratory $66,000 Estimated Office Supplies/Admin/Travel/Other $1Z000 TOTAL PASSTHROUGH COSTS $103,000 ESTIMATED YEAR 1 COSTS 5707,860 Estimated Labor Costs Concentra provides and supports all aspects of clinic and personnel management to include salaries, benefits, licensing, and medical malpractice/liability insurance, and staff coverage during vacation or sick leave (so clinic operations are undisturbed). All staff will be hired up to 30 days prior to the opening date of the center to provide adequate training. This fee will be charged on a monthly basis and includes the following components. Base Salary Establishing a base salary for an on-site clinical position is determined based on existing staff salaries and market intelligence, along with: • Clinical specialty • Experience of clinician • Additional requested certifications (ACLS, BLS, CCM) • Work schedule — shift work • Local salary variances — based on geographic location Concentra's recruiting team researches these factors through standardized due diligence utilizing electronic database queries and professional interviews. Additionally, local clinical staff provides knowledge and direction of market trends and expectations. Benefits A thorough array of personal benefits is provided for all of our full-time employees who work 32 hours or more per week, as well as their spouses. Our benefits include: Body & Mind • Medical 1 Short -/long -tens disability 1 Life insurance 1 AD&D • Prescription Drugs ■ Dental Vision Employee Assistance Program (EAP) Financial ■ 401(k) Plan • Flexible Spending Accounts (FSA) • Tuition Reimbursement • Cobra Rates • Referral Bonus Programs ■ Employee Discount Programs Coverage All full-time Concentra employees receive annual time off for vacation and sick leave based upon company policy. Additionally, professional employees receive time off for continuing education and training. When necessary, we have incorporated coverage expense into the pricing section of the proposal as the cost to backfill employees during these times. Please note that if a staffing agency is used to provide coverage, the difference in rates shall be a pass through to the City as agency pricing is traditionally higher than the base wage rate. Concentra will do everything In our power to avold agency staffing. Volume Adjustments Concentra will closely monitor the utilization of the center, any requested adjustments to the on-site center hours of operation and/or staffing will be modified upon mutual agreement between the parties and documented by an executed amendment to the agreement. In the event that additional hours are deemed temporarily necessary for existing staff members that are not overtime hours, they will be billed at the rates listed above. In the event that overtime hours are deemed temporarily necessary, overtime hours will be billed at 1.5X the rates listed above. Estimated Ongoing Costs ClinicallAdminlSupplies • Lab, Medica!, Clinic Supplies — Includes costs for items purchased through our vendor relationships necessary to support the operation of the onsite center, including but not limited to lab and medical supplies (medications, vaccinations, laboratory testing, CLIA waiver). Supplies are billed at a pass through cost if one-time events, such as annual biometric or flu events, are scheduled, additional fees will apply. • Travel — Estimated travel costs for periodic onsite visits for supervising physician as well as travel between locations • Postage/Office Supplies— Supplies are billed at a pass through cost. • Facility/Equipment/Hazardous Waste — includes on-going facility fees, clinic equipment maintenance (Including calibrations), and biohazard disposal fees. Fees are billed at a pass through cost. ▪ Third Party Services — Required third -party relationships, including MRO, X-ray over reads, translation services, etc. necessary for ongoing center operations and optimal patient care. Fees are billed at a pass through cost. • CME — Ongoing annual education for staff in order to stay in compliance with applicable regulations, depending on services provided and certifications needed. Fees passed through Include certification costs as well as any associated travel expenses Incurred. Technology Fees • Software licenses — Based on current staffing. Subject to change as number of staff members increases • Hosting fees • Lease of hardware — This amount Is estimated based on our tech department's current understanding of the equipment necessary to operate the EMR platform. Upon award, Concentra will perform a waikthrough of the clinics to determine actual equipment that will be configured for the City • Database maintenance • Help Desk support • Network and all associated costs - amount is estimated based on our tech department's current understanding of the equipment necessary. Concentra welcomes the opportunity to discuss pricing for all available options upon award. • Fees for data transfer Management Fee Annual fee for managing the on-slte program for the City. The management fee is subject to change based on overall program costs and includes the following components: • General and Administrative costs (including functions such as billing, HR, finance, accounting) • National and local medical and operational oversight • Profit Services provided at Concentra Urgent Care Center - SPIF Component Rate Physical PrePlacement Non Regulated UDS Collect PrePlacement Regulated UDS Collect PrePlacement Non Regulated UDS PrePlacement Breath Alcohol Test PrePlacement Audiogram TB Skin Test DOT Physical PrePlacement Non Regulated UDS Collect Random Breath Alcohol Test Random DOT Physical Recertification Pulmonary Function Test Regulated UDS Collect Random Non Regulated UDS Collect Post Accident Vision Titmus/Color Perception Regulated UDS PrePlacement U/A Dipstick (In Center) OSHA Respirator Questionnaire Non Regulated UDS Post Accldent DOT Physical Private Breath Alcohol Test Post Accldent Hair Collect Blood Collect Vision Snellen Chart Vital Signs X -Ray Chest -1 View EKG Resting Respirator Fit Test Qualitative Blood & Urine Collect Height & Weight 77.00 40.00 40.00 57.00 40.00 48.00 46.00 85.00 40.00 40.00 85.00 57.00 40.00 40.00 47.00 67.00 43.00 41.00 57.00 119.00 40.00 43.00 55.00 40.00 35.00 81.00 89.00 52.00 55.00 38.00 Conten Ira A. Transmittal Letter March 14, 2016 Lydia Juarez, Procurement Officer City of Corpus Christi Purchasing Division 1201 Leopard St. 4th Floor, City Hall Corpus Christi, TX 78401-2825 RE: Request for Proposal for an Employer-sponsored Wellness Clinic, RFP No. 103 Technical Proposal Dear Ms. Juarez: Concentra acknowledges that the City of Corpus Christi (the City), is requesting proposals from qualified providers, and we are pleased to present our capabilities. As a leading provider of workplace health solutions, Concentra is highly qualified and well positioned to perform the services the City is seeking. Our national footprint positions us at the forefront of delivering convenient and accessible medical care. This presence, coupled with the strength of our local relationships, expertise in the medical industry, and commitment to service excellence creates distinct advantages and differentiates Concentra from our competitors. We affirm that our proposal adheres to the stated requirements and provisions as outlined in the City's Request for Proposal (RFP). Established in 1979, Concentra is confident in our ability to provide the requested scope of work successfully and professionally. For more than 20 years, we have implemented, operated, and managed on-site health centers for clients across the country. We staff each program with the right mix of professionals who possess the precise skills and experience to deliver quality health care and meet our clients' scope of service requirements. Concentra is honored to serve as the City's occupational health care partner through our Corpus Christi urgent care center and we value the opportunity to assist the City reach its workforce health and wellness goals through the employer-sponsored wellness clinic. As a clinical resource, Concentra will treat the City's personnel to a welcoming, respectful, and skillful experience. Our objective is to deliver a compliant program that not only meets immediate health care needs but also exceeds program expectations. To best serve our clients' needs, Concentra draws from a pool of experienced professionals to facilitate contracting and provide program support. Kris Troncoso, assistant vice president of national accounts, to serve as the initial contact and liaison between Concentra and the City. In this role, Mr. Troncoso will work proactively with the leadership team to ensure the solution we propose aligns with the City's overall program objectives. Mr. Troncoso stands ready to answer any questions the City may have regarding our submission. He may be reached via phone: 713.542.6251, or by e-mail: kris troncoso@concentra.com. cone~,., --- • 5080 Spectrum Drive, 1200 West Tower, Addison. Texas 75001 • . 800 232.3550 • 972.725.6439 City of Corpus Christi, TX • RFP No. 103 Employer-sponsored Wellness Clinic Technical Proposal Page 2 This document contains Concentra's response to the services outlined in the City's specifications and relevant attachments, including Attachment A — City -required Forms. We affirm that. ■ AU information contained herein is current, complete, accurate, and remains firm for 180 days following the due date, March 14, 2016. We acknowledge that the City anticipates a contract term of two years with the option to extend for up to three additional one-year periods. • As president and chief executive officer of Concentra Health Services, Inc., I, Keith Newton, am duly authorized by Concentra to contractually obligate the organization. • We submit our Fee Proposal as a separate document. • Concentra is in receipt of the following amendments; ✓ Amendment 1, dated February 23, 2016 ✓ Addendum 1, dated March 9, 2016 We acknowledge that by submitting a proposal, the proposer commits to the terms and conditions proposed for inclusion in the City's final agreement and that any deviations should be submitted during the question and answer period, ending Friday, March 4, 2016. As such, Concentra's Legal and Risk Departments reviewed the terms, conditions, and insurance requirements outlined in the City's RFP and made minor modifications to the language therein. In accordance with RFP Sections 2.4, Terms and Conditions, and 2.17, Exceptions to RFP Specifications, we submitted our deviations to the City's terms and conditions on March 4, 2016, through the City's supplier portal. However, for ease of reference, we also include Attachment B — Legal. Exceptions and Sample Agreement for the City's review. In an effort to create a mutually beneficial agreement, Concentra's legal counsel welcomes the opportunity to proactively engage the City in discussions regarding our recommended changes. Our goal is to ultimately create an agreement that not only outlines the schedule of services, but also protects the business interests of both the City and Concentra. We also include Attachment C — Certificate of Insurance. Concentra takes pride in delivering clinical solutions tailored to our clients' needs and we value the City's consideration of our proposal. Concentra looks forward to the opportunity to serve as a strategic clinical resource to City of Corpus Christi's leadership and participant population. Respectfully submitted, Keith Newton President and Chief Executive Officer Concentra Health Services, Inc. concentra com • 5080 Spectrum Drive, 1200 West Tower, Addison, Texas 75001 • 800 232 3550 • 972.725.6439 Concen gra City of Corpus Christi, TX • RFP No. 103 Employer-sponsored Wellness Chnic Technical Proposal B. Table of Contents C. Disclosure of Interest 1 D. Business Designation Form 2 E. Form 1295: Certificate of Interested Parties 3 F. Response to Questionnaire 4 G. Additional Information 5 H. Solution Summary 14 I. Attachments 15 0 2016 Concentra Operating Corporation. M rights reserved. March 14. 2016 Table of Contents Concen Lra City of Corpus Christi, TX ♦ RFP No. 103 Employer-sponsored Wellness Clinic Technical Proposal C. Disclosure of Interest Concentra completed the City's required Disclosure of Interest Form and we include this document as part of Attachment A — City -required Forms. 1km..6 4 • 1n4C Concen gra City of Corpus Christi, TX ♦ RFP No 103 Employer-sponsored Wellness Clinic Technical Proposal D. Business Designation Form Concentra completed the City's required Business Designation Form and we include this document as part of Attachment A — City -required Forms. I1,rn0. 1A 7f11C Concen City of Corpus Christi, TX ♦ RFP No. 103 Employer-sponsored Wellness Clinic Technical Proposal E. Form 1295: Certificate of Interested Parties Concentra completed the City's required Form 1295 and we include this document as part of Attachment A — City -required Forms. Conten Lra City of Corpus Christi. TX • RFP No. 103 Employer-sponsored Wellness Clinic Technical Proposal F. Response to Questionnaire Concentra completed the City's required Clinic RFP Questionnaire and we include Tabs A through D of this document immediately following this page. We submit Tab E as part of our separate Fee Proposal. In accordance with the RFP specifications, we also include the complete questionnaire electronically, in its original Excel format. Patnreh 1A •)fl1t Table of Contents A. General Information B. Financial Information C. Clinic Qualifications D. Clinic Technical E. Fee Proposal Notice: Ali questions must be answered. Please refrain from responding with a phrase such as "cannot provide at this timo or will provide at a later date if selected, etc." The reviewer will consider these answers non-responsive to the question. All responses must be made within the desIunated califs) of the worksheet provided if additional documentation Is necessary to fully respond please attach and reference attachment. 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N m c G) 3 a1 .0 L 3 c 0 a) L O C .— o 0) 0 a) cu U a) .0 I~ N a) CD CU a a) o WI- 4- O O a) .0 O z0 N City of Corpus Christi_RFP Questionnaire FINAL, C Clinic Qualifications a U_ z Z 0 w 1- U z_ J U d 1 o :: CI = 3 3 O E E a i N E 73 m > c Qo o E c- na in o V H a m C N a° - 0. c •0e cp c n. 0 E E g 0 C � 43 tr, co O 0_ C O e 3 R 3 m m m> - M C d m E c v y a m o Tp Z O 0 U_ 2 U U_ w w 1— z 0 w N 0z > w 0 -Ja Lu L a L a=.+ C 3 y v' O C •� y :! 0a = C a)j a. 0= .5 H IC3 0 N E c = c y d a Ia d UIEO a E c m d d flf as c 3 a .c [12. a),..0- o a aE camccc--,cy F• u, Eco.•.> ya ZN a en _L 3 21 °'T aim b.m °' _ L c y y Q L To y .'c.+ 'o U a y C a .n N .= d • •0 -0 o a y a m) t GI y '0 C ,,'d .N C N a 1 c `- c N 0 a a > CD 0 a a CO I9 Q y y e a a L a a y a C)0 as O !tJUO y C a aa aN0 c a dazu as a) a 0 o a y a' '�c0 c Eo c' ma. ca ccuEogc0) c'as 2 X 8Ec o.00 a°i0-cpca- �, d'a yE:Ea QE a N s C y To E 0 [07 N 0 ° 0 1' .15 PI 2 E d a E a fC a ['D t o 0a c a o 3 E y a Eo m ° a° a I' *c a c $'a-0 en a) 0 N� ao a 0- r) x al �E 0 c a a— a GIas C Z c d w �'es) a a w C a d s Q a 0 ��0 u) N N 0 a a 4. N a .r N Q so a' a' c a co C c to C 'C c N d y y a c w a C ...:fl a a a a >. — N a. _ a y o 'a E E al mDHIu2 - E'c cas c v y a �3 c m c� 0_ •C ="- im s oC E. °' a s av,c c d wU>a.g r °: m a O. o c U o E o. f..3 a a.y ,,,, .S .c ° E o U a 13 N 0 0o ... aco c .c aJ a City of Corpus Christi RFP Questionnaire FINAL, D. Clinic Technical 'Notice: Ail questions must be answered. Please refrain from responding with a phrase such as "cannot provide at this time or will provide at a later date if selected, etc." The reviewer will consider these answers non-responsive to the question. All responses must be made within the designated 2 Describe how do you propose to improve the health and Concentra and our wellness partner aim to improve the health and productivity of the City of Corpus Christi's covered productivity of the City's covered population through seamless integration, population? Please include documented results as to targeted engagement, presentation -ready metrics, and condition how you have achieved those outcomes with other management care plans. clients. As evidence of our past successes with other clients, we include case studies as an attachment to our response. We propose to perform the primary scope of services within the on-site center. However, referrals may be coordinated with off-site facilities for radiology services, therapy, advanced diagnostics, specialist care, and 'more. As appropriate, we will leverage our Corpus Christi urgent care center (located at 4025 S Padre Island Dr Corpus Christi, TX 78411) for X-ray and physical therapy services. Please note, services performed at a Concentra Urgent Care Center are on a fee-for-service basis. From what location will patient service be coordinated if all functions are not provided at the clinic itself? I01 O y .n a aCN O (n a O wW ) • a€ ca am° rna $) a) m a) • y a -o U' m 0 mc0 a O b 0 a a a • •9 -5- al a) c alae ' E E 2mE C a ay a e g a mQ-ou aa) h co ▪ a 0 w GI a 07 a p�b c] a c .u, •` (a.. O n 3 co w m �Q.r° c a o4 E� co C y p a = aa))b m E 3 O. O C0 a'ui Omy ea 6dH U E 0 0 C'Q ca -o 0- Cas lO N Y a C O C �U o "E) ro ▪ 4. ren U a aa•E a) -0 3 y a) a 'aa•aa a a) pans aa¢.0c E c oQm.° CL 7•C•§ co C a a y E co O O a • Q` a O H f� W N O E C •U a,ta 7 a) L o N O a N1 N a •{O O y O 17. w ::. y Q a a) 21375240 o w 5 Q m aa) 5 n m"V aa)oU_=•c of ov.y.a_E)�p=a) (,)• CCO15 C� 3 •d a o) a .- a Q y O Y •G U T C U a) 3 y0 II- UUU E4.a 3 ID ca C) o a N ry) a C G) a a aIi 0 O d V) 02 a ID c0 a m E • j O employee inquiries (both written and telephonic), cG a E co rn City of Corpus Christi_RFP QuestionnaireFINAL, D. Clinic Technical a 0 Z 2 0 W 0 Z J 0 d r 'Notice: All questions must be answered. Please refrain from responding with a phrase such as "cannot provide at this time or will provide at a later I date if selected, etc." The reviewer will consider these answers non-responsive to the question. Ail responses must be made within the designated ;) of the worksheet provided. monthly invoice accuracy (statistical, payment, Concentra manages all aspects of medical billing and accounts receivable financial, technical), internally through our regional Central Billing Offices (CBOs) dispersed throughout the United States. The CBOs' functions include, but are not limited to, bill production, electronic billing, cash receipts, deposits, payment posting, problem resolution, collections, and account management services. The CBOs use internal systems OccuSource and BCS, as well as the GE Centricity practice management system, to provide comprehensive billing, payment posting, and reporting capabilities. For our on-site centers, we have a dedicated department that is responsible for producing monthly invoices. We also have a dedicated toll- free number and e-mail to Immediately address the billing needs and concerns of our on-site clients. In addition, the City's designated director of strategic accounts is available, as needed, to research any issues related to monthly billing and provide resolution. Following a center visit, Concentra conducts web -based patient satisfaction surveys offered through a third party vendor, Franklin Covey. Items measured include quality of the facility, staff, and services rendered; survey results drive process improvements. Concentra's leaders review the results, prioritize issues, and take action as necessary and appropriate. We consistently monitor satisfaction and will share feedback with the City during quarterly stewardship meetings. We provide additional information in Section G. of our proposal. We closely monitor center utilization and have specific performance metrics to track the number and types of eligible participants who visit the center. We include utilization as part of our standard reporting. patient satisfaction surveys, utilization reports (de -identified) u Ii I d 0 CV City of Corpus Christi_RFP Questionnaire_FINAL, D. Clinic Technical ar of Q1 co m V 1 c i - c Z 41 LU p a wai 0 m .G C d +`• ai N p c p a O m m U m G " a y v 3 y c a 2-c ami t p L v c ti cEEco.ocE 0 `mN �W ma�:maci�;m Co 2 sg a co CU 2 a o m °n u' c a v m u0o ij,0u'c m ip8 U °rn• a,��•vus up •C w ao a 3.a0s c `m Q �`_' Q. a N mom. �_ E 2 0.-o I- ca E °s 0 m y ac I cnacial �2om ,Ear 0Emam .+ p d V In C r. WI V f• U N- N C == p C U 7 _..co CO N N '' C N Q CD a D o m wU ,• To E E V o-�m N� m ''co3 • 0.p0 0 vi U ., Ecoz. a c j c x =u�a.-°af��°d __ EO.cro`m°c ii vc m U4 6 'c a m tmcom N E Qyt�tC—UCOUoa)�00i afC�a'o°'5c�' au c Ecc Qme 8't cw m CL ° U VO o c d 'p @.� C O mL C p •C L E p ..-N C O ° Q N 3m EQym cm °yco uccmwU EU 2P's 8 ds o V co Q T 7 to QC1 •C c .� m C •N •B in m C U m m C L m° m m w v o c rn c Q p U c m m y. G [y0 m C E U1 C •T y 2 , al ' w w u) -c y •c in m 7. s 'C g 0 .r c O` p m y j 0 p U �' y M U O p U C '.c co .0 a z C - N :.. m N w n a c Q's� a O to ai c QE N 0, co o UC• �rnc3�a Ym , QW 6.cpic4=a�aa o0 •C co C Q C "0 1 m C c W V O C c I E a U z`p 7 Q m y a.c m >, _ m m p ami u o a (n co C U E N+: C O .5 >, u) City of Corpus Christi RFP Questionnaire FINAL, D. Clinic Technical .m. r c ,v_ Ea .o o c c o. $ 3 11, o .o 01 = m 0 t mE CD H m o CA c I- 1,1) o e m o w u N C 01 c,o A y CI- C E c c g• o E E 0 c •- m m H ' ma y ac 0 3 R m> a 2 o N m B C0 u = o o oG• w 3 c) 6_ m H O 41 H O 0p z a -a-) Q) Z a ul �, 3� 0a a`)3 7 -.as •c�mc._0 -Cco C W p N V'p.O I- — ac fA p _oCcu a'Vw -gN ca en:4 .y a) O Q c 7, 2 d 'y 2 �.4 c0U o Enc a,�.c 3 -- w c :5 u c c m a) Ez.m.d.cr a) .L"L.'C)'15 a UU io >� CD 0,...-6 a) o C d p_ a C c L V U O V= C y L �C N a) N a< c E m cc) t o_ d N c y0N �' E o a �' cal Ea �O 0) o c 5 a) U c •i) .0 d cr) C U 0 O a) a) b .S _ t0 7 U C :U C U~ y a) .t. d C 'd >. w " 3 w N a L. c u a) E c pc as d aa) . d !0 d E N = ieno00-Eno da - E <....,— °a) N— a) � ''pO U c d V 3 .7 U, of 10 c a) .— N Q. c C CV 0 co • N V c 1)m c °) a d .�. 0 o ro 0c >'— U) o 6-: U j ra > C j N .� c c u L c N N t0 00 — 7 C d) •c p 0 U .G U 'C)pco ca c a r► .0 IL' C13 L N N 0 E> LOoE-tea; E T) l6 a) .. 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Clinic Technical Ac _ N s 6O 3 3 0 u. 0 13 0 al = 0 0 -0 a a+ � E m 'a m 5 N O C a • a 0 roa m .c u m h Q m N m 0 Qo a m 6 Toa of y H c E 30 E in C 0 y E m • co mi o C a 3 L.co3 C31 .9 0 0 > .2a0 O L C E c- m C d m Y O w 3 uzm. = 0 ah0 m go Tn o i0 c e E 1- 7, .n U N aQmooN,a 0 2�1 0 > � 6'= en C(0 O z,U N 0'0 m 0)Q.raZcrm> 1,cG t9 rn 3 c0 a U Oco N N co '[f w a o a ami c c is ca >` N U o N° C E. ?r a1° 00 vV1 E 2 1N2 2 a = ��.0 a N 0 00 0Ncco0-"aa m 0.5•= 2 0 cco:c .20EQ_ 2l 7 o N_ a 03 a O ,� 3 0 a) o E .; c w C - a9 7D �. 0 X Zr, o2 b E 0 C .a O iv O C> a a N> 0 55-Q_TI ma"w 0 co 10, 0 0 0 c 01 0) 0. d to y co a E a m U c 0 0 n. !L 0 a c E c rn a c E E •5 m Cr `l c te+ O _c 0 N a a a) cu 0Q a d `Q. U ca a w co 0 t0 N c co c 0 41 O a E E c E m a O > H > Z•y0 20<0 Q. w N .2 a N 0 N ZCC2Q 11) a LLL co CR CD. 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N 41 . co Q v> t7 D. o a. o To r• 41 W r C c C ro . .4i c O ui Q" N •-03 c p 41 O N '0 0 f6 C 4J N ¢ c U N y 0 C EL C . N (p C E 'E N �. 41 E co U 0 N U p N oam — 41•x G CD '13 CL Ca co 2 co > 3 c cp 7 C1 a H N E co •Q=om '2E o a ac o•° W m g> 0 0 c > 41 G c tp t u, 47 1p .0 C cry N -LIN D E o 111 3 112 c to -c N I0 City of Corpus Christi_RFP Questionnaire,_FINAL, D. Clinic Technical J a 0 z 0 w 0 Z J 0 Notice: ATI questions must be answered. Please refrain from responding with a phrase such as "cannot provide at this time or will provide at a later I date if selected, etc." The reviewer will consider these answers non-responsive to the question. An responses must be made within the designated 24 Describe how you handle walk in patients. Concentra supports a variety of scheduling methods and can also accept walk-ins depending on the nature of the visit. However, scheduled visits are preferred as this helps reduce unnecessary wait time delays. We keep appointment slots open to accommodate the need for acute episodic care. We will take patients with injuries or conditions requiring immediate We will see patients until the time the center closes for the day. While we want to be mindful to avoid staff from working overtime, patient care, acuity of illness, and patient convenience are of the utmost important to Concentra. As such, when patients arrive close to center closing, we strongly consider these factors when deciding whether to see them as a walk in, or schedule the patient for a visit on the following business day. Describe how you address the cutoff time for walk ins. in City of Corpus Christi RFP Questionnaire_FiNAL, 0. Clinic Technical • 0.141,R 'a0 • .0 • .c 0 a • 3 43 L. • 0 E es E Y N XI M 7 • E • to 0 Q c O o E R O 7 a ▪ w R • > 0 01 00. c O H 0 e E w R c E • a N .p 0 a = 0 ▪ o e • c ▪ cpW N - a • V 0! m O m R 0 _m aye • - to Zr• m 3 U 1 92« o 0 'ov o c • E a �� w w as in 5c coc ca C U co w i_ w 2 : • G Ofn d ObyCco .9. ¢ C C 1 1c co 7 VNw ID 6:1 cn o • 1 8 N c C W 'ti of d+ E CO C. Iii a) w W w :a 2 vm orocEQ- 0) w 2 W E U U o a, o o)L w w ti T �' o E c c o c ID M 0 z-. co co o c V N a) z a) 0 � — N .Z c .` 0 N a) U : ii pj 1(I) p rA fG N '&} c 'a 7 C i N d of N w w o. N ` w 5 -c N C t 15 - G) 0 . .C] .c) O aaw) a) c a) Ea v; 7 N 0 O � w aco• _ .a O a • G N E c 4. N ` C] C w w U w to O C3 A N C 7~> a) a3 w a) Q .o 7y, aa)) o) .- 0. 0 tZ E C) a) w m N N C/7 ate) U Ea ��,o 3 m To I' oa y,o- c❑ (2 -6 o c ��,c 5 m C9 < • 7 .Q N o •- o ami oo>.2 ›,c n a5 02. Rcum o .c Ng 02 030 E wU �11f i- re c4- 1-- c 1 N 1 o. 1 W❑ 1 = 1 a 1 CD C N w U w ai N a) N ,c_ N a) C 1] 3 N a)-0 ›, 0 E a a: E 0:1E T u E g 14 • N R w o 1..- c 0 0. «3 «1 w as c c ca,> a a a) - Q. oo a >, CO N N 2 • a) O N O - 2c C10 co N co E c o o 0. aE as ( O La N c0 ffl 8 •a • 0 C c 0 a) o m 3 U >. N ..- o CI City of Corpus Christi_RFP Questionnalre_FINAL, D. Clinic Technical 'Notice: All questions must be answered. Please refrain from responding with a phrase such as "cannot provide at this time or will provide at a later j date if selected, etc." The reviewer will consider these answers non-responsive to the question. All responses must be made within the designated I 28 Identify how wellness fits into your business plan. Wellness is a pertinent part of Viverae's core business plan, which includes growing the client's design from Awareness to Risk Reduction and Activities and then finally to Health Contigent and Outcomes -based programs with meaningful incentives. Viverae offers total population health management programs that include: health promotion, risk identification, risk stratification, lifestyle coaching and behavior change programs, disease management, claims analytics, care plan adherence At Corpus Christie's life count, fees would be applied PEPM and are as follows: WELLNESS (portal and unlimited inbound coaching: $2.80 pepm (member) and $.75 pspm (spouse). If our Disease Management program is added, fees for the entire program (platform, Inbound coaching and DM): $5.60 pepm, $1.15 pspm. 1Please Indicate if there will be any additional fees for these and describe additional fees charged for these programs your pricing proposal if any. L A m City of Corpus Christi RFP Questionnaire_FINAL, D. 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'0 E0 0 = r7 � c0.0 ea 0 Eye „_ O N E U 2 m o 0 c o 2i3 Oma 'p5 o f~>A O x E m C 0 7 0 0 -o 0 c� y 0 a: cm300�-E C V C C 0 U O.c .2 0 N UO W 0 3 ,:.-o y We calculate direct savings as follows: ff O m 0 a C 0 .r l0 0I `) 0 0 c c E 0 c Li m 0 0 c E �p0 2 U 0 U RN 130 C co 0 p 0 R '0 a �n y 'C O N ti t 0 C -o 0 d 0 O c'C �- 0> 0 .c ami E °- 3 W b 0 C y -C • N E 0 0).>, 0 u 0 0 01 C co 0 c c n2 c -N 0 .0 0 0 ..... c h '� �coaciO c? os ar U0 a? 0-o co N> 0 0 U C 0) C E 'C )0 C m N 0 u w c O O 0 C o W 0) [n C U 0 0 0 Z o Ew H A N o. y 0'-' 7.t' E o 0 0� o d d p) ` 0 N a) N 3 0 0 r0 vi 0. 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The following table provides a high-level overview of our understanding of the City's desired program. City of Corpus Christi On-site Program Requirements J Location 6th Floor of City Hall in Corpus Christi, TX Program Participants 5,111 program participants including: • Employees: 2,528 • Dependents: 2,971 • Retirees under 65: 134 ▪ Retiree dependents: 78 Scope of Services Primary care, including but not limited to episodic care, disease management, and wellness programs focused on health promotion and disease prevention Hours of Operation Monday through Friday, 7:00 a.m. to 7:00 p.m. Benefit Partners • Medical: United Healthcare • Pharmacy: Express Scripts • Broker/Consultant: HUB International Insurance Services A Comprehensive Clinical Model for the City Through our integrated, on-site health center model (hereinafter referred to as "Concentra Onsite Center", "on-site center", "on-site clinic", and "onsite"), Concentra is prepared to deliver an innovative solution that meets all stated requirements, delivers evidence -based care, supports long-term, sustainable personal health management, and creates a culture of well- being across the City's eligible population. What's more, our ability to provide all services through a single -vendor and seamlessly integrate with other City partners will provide a stable, efficient, and beneficial program for eligible participants. Our research -based solution connects all aspects of health, performance, and well-being by aligning the five pillars of our best -in -class solution into a model that allows the onsite to serve as the "hub" for health and wellness programming and successfully meet the unique needs of the City's workforce. By implementing our best -in -class model, the City will experience: • A more engaged, healthier, and productive workforce = Increased employee satisfaction • Reduced health care costs and medical spend Employer Engagement Cr.erview of !mom ovals/1114n COM:au:1 o Employee l•fafh rvrlaailan Mcasurablc outcomes Ficpar: mq r. d:: a;:�0r S:c Irsi tl:.. 7c.a.rcr,•cc r�ca rt nrn PIC,,CL• jleWi-r Zl10f: Participant Engagement Pabcr.: perrol Rewa n1s;5nccntwes Commun cram] March 14, 2016 Page 5 Concensza City of Corpus Christi, TX ♦ RFP No. 103 Employer-sponsored Wellness Clinic Technical Proposal We are prepared to leverage our experience and expertise of workplace health to offer the City a flexible, scalable solution that: • Takes a holistic approach to clinical care that combines personal and well -being -focused care that encourages healthy lifestyle practices, improves productivity, and creates a healthier, more informed population • Accommodates the City's hours of operation • Follows a patient -focused service philosophy to provide the optimal patient experience and increased satisfaction • Serves as a centralized resource to ensure employees, retirees, and their dependents are able to utilize all available benefit plan and community-based resources in order to successfully navigate through the health care system • Offers a business model that delivers on the City's program requirements while adhering to evidence -based guidelines • Includes experienced and professional account leadership capable of delivering consultative value and subject matter expertise to ensure strategic vision and Long-term program growth • Incorporates promotional tactics that improve patient engagement and increase center utilization Our industry standing as a consumer and occupational health care leader, expertise in delivering tailored workplace health solutions, direct experience serving the City through our urgent care center, and commitment to service excellence make Concentra the ideal partner to deliver an exceptional on-site program for the City and its program participants. Integrated and Scalable Solution Concentra's integrated clinical model focuses on an individual's overall health and well-being by delivering primary and episodic care, as well as comprehensive wellness and disease management programming. Our clinical model embeds lifestyle elements that include dietary risks, high blood pressure, tobacco use, and stress in a manner that supports the City's focus on health promotion. By focusing on the holistic health and well-being, we offer progressive, population health -based programs that effectively assist our clients in achieving long-term health care goals. In addition to our extensive clinical capabilities, Concentra's solution leverages the strategic relationship we developed with our partner, Viverae, to offer our clients a robust wellness service suite. The wellness programs offered can include biometric screenings, health risk assessments, disease management, coaching (telephonic or face-to-face depending on the staffing solution), and more. Viverae also offers a variety of health educational mediums and utilizes interactive videos, webinars, tutorials, and wizards with smart content -based options for members specific to their care plans, including recommendations based on their health profile and overall health assessment. Experienced Staff We will staff the on-site center with qualified, trained, credentialed clinicians and support staff. We manage on-site staff recruitment, hiring, and training in-house to ensure we place the right people in the right places, and all staff members are Concentra employees. We realize that each program is unique — one of Concentra's differentiating factors is that we are not a staffing agency; we hire clinicians specifically for each client engagement. Concen gra t r City of Corpus Christi, TX ♦ RFP No. 103 Employer-sponsored Wellness Clinic Technical Proposal Our staff will drive practice efficiencies by adhering to the "The Concentra Way service philosophy that we have developed and refined from delivering evidenced -based health care to more than 30,000 individuals a day and treating one in seven workplace injuries. We employ an evidenced -based, outcomes -focused approach that has set the standard for operational efficiency, clinical efficacy, and customer and member satisfaction. This approach has proven effective in returning people to work and to life faster and healthier. Pioneering Technology Concentra offers the industry-leading GE Centricity Practice Management System (PM) and Allscripts Enterprise Electronic Health Record (EHR), hereinafter GE/Allscripts, to support our on-site solutions and better manage and integrate information. This tool enables robust data analytics and trending, along with the ability to support all aspects of the on-site program's clinical operations using comprehensive ICD 10 -compliant and Meaningful Use -certified technology. Furthermore, offering a single PM/EHR platform enables Concentra clinicians to access patient records from any on-site center or Concentra Urgent Care location in the country, supporting continuity of patient care and exceptional customer experience. For increased care coordination and administrative efficiency, GE/Allscripts also facilitates referral processes for diagnostic testing, specialist visits, and physical therapy while delivering robust, meaningful stewardship reporting. The system has an integrated referral module — referrals are flagged as orders in the EHR and all activity post -order is tracked within the referral module, including appointments, authorization, case status, and follow up. A Successful Partnership Concentra considers it a privilege to have direct experience serving the City through our Corpus Christi urgent care center. During the course of this engagement, Concentra has become knowledgeable of the City's guidelines and operational procedures, as well as the reporting processes and communication strategies necessary to ensure an ongoing and effective relationship with the City's leadership and workforce population. We are prepared to leverage this unique insight to offer a comprehensive, on-site model that aligns with the City's mission, vision, and values, overall culture, and company objectives. Additionally, the on-site center will be supported by our local Corpus Christi urgent center where program participants will have access to ancillary services such as urgent care, occupational medicine, X-ray, and physical therapy. Please note, services delivered through our urgent care centers are on a fee-for-service basis. ■�--..1. 4A nn4O Concentra` City of Corpus Christi, TX • RFP No. 103 Employer-sponsored Wellness Clinic Technical Proposal Ability to Meet Minimum Qualifications 1. Willing and able to partner with the City to build best -in -class employer-sponsored capabilities that integrate seamlessly with internal and external wellness management initiatives. Concentra's best -in -class on-site center model offers a coordinated approach through a single source for all available services, offering: ▪ Ease of access for individuals across the health continuum regardless of risk level • ROI driven by utilization ▪ A program that is innovative, integrated, and relevant to the population Our best -in -class model consists of the following elements: Employer Engagement Data -driven insights and expert resources take the guesswork out of and Consultation how to design and successfully implement a workforce health and wellness program Participant A program that participants want to use — one that is simple to Engagement navigate, personalized, confidential, and focused on their satisfaction and total well-being Clinical Capabilities Clinical capabilities are the foundation of a workforce health and well-being program and based on the City's overall program goals Measurable Outcomes Meaningful metrics and actionable insights provide a comprehensive view to chart ongoing program success Wellness Services A robust and proven offering of programs and services that are tailored to the clinical needs of the workforce and coordinated and integrated with the on-site services We will align our comprehensive model to support and integrate with the City's existing programs to ensure a coordinated approach to care delivery that achieves measurable outcomes, encourages lifelong well-being, and supports the City's current and future initiatives. 2. Experience in engaging members in wellness and disease management capabilities and that exhibit the ability to promote patient -ownership and responsibility for personal wellness and compliance with recommended medical treatments. Well-being services (i.e., wellness, disease management, lifestyle management, etc.) provide a natural starting point for on-site program planning and a steady supply of programs that help participants maintain a status of well-being. From the insights produced by employee health screenings, specific plans of action can be tailored to address significant health risks across a workforce population or for individual program participants. Well-being services extend access to care using multiple tools and resources made readily available to the participants. Through personalized and confidential offerings, individuals assume ownership of their health lifestyle choices and improve overall health and well-being. Concen‘ra City of Corpus Christi, TX • RFP No. 103 Employer-sponsored Wellness Clinic Technical Proposal Furthermore, making it easier for participants to find and use the information they need to take charge of their health and well-being is critical for both individual and program success. By improving access to health and well-being services, increasing awareness, and making information and resources easier to use, participants realize the maximum benefits of an on-site center program. Participant feedback coupled with utilization trends provides valuable insights, which drive appropriate adjustments to programs and services. 3. The ability to flawlessly execute a program that delivers the required services and goals in a creative, sequenced manner that allows for future modification and enhancement. Concentra's model enables us to implement scalable solutions with flexible service combinations and varying staffing options that lead to improved well-being and reduced health care spend. We take great pride in innovatively delivering quality clinical solutions that surpass our clients' expectations and are unique to their specific needs. Our experience and resulting expertise sets us apart and uniquely positions us to manage and operate a successful on-site program for the City and its eligible participants. 4. The ability to provide dedicated and high-level customer service to City employees, dependents and retirees, the City's health management and benefits staff, and any vendors the City may engage in delivering benefits. Concentra's philosophy is to provide the highest quality patient experience delivered with exceptional skill and consistency by engaged, welcoming, and respectful clinical professionals. By following best clinical practices delivered The Concentra Way, we are able to serve more patients with expanded capabilities and access. Concentra's Orange Book values and Playbook service philosophy ensure that we are able to provide the wide range of quality clinical services consistently across all locations. Experienced operational teams drive practice efficiencies regardless of clinical model or location, which positively influences the patient experience. Orange Book Values Concentra's commitment to renew our focus on the patient experience began with creating new mission, vision, and values (MW) statements. These words defined our goal to provide superior customer service to every patient, during every visit. To ensure the message reached Concentra colleagues nationwide, we created the Orange Book, designed to guide colleagues in their service delivery. Concentra expects our employees to abide by the principles set forth in the Orange Book to ensure continued service �.� excellence to all Concentra employers and their employees. =— Ensuring a positive experience to every patient visiting our centers is a key initiative throughout Concentra's organization, from our Executive Leadership Team to our on-site center and urgent care center staff. Our colleagues strive to redefine patient care by treating each patient to a welcoming, respectful, and skillful experience. Concentra assures the City that the on-site staff will share this same passion and concern for patients; each individual will work tirelessly to ensure the employees enjoy a positive experience. Concen ea City or Corpus Christi. TX • RFP No 103 Employer-sponsored Wellness Clinic Technical Proposal Playbook Philosophy Using playbook precision and LEAN QI to implement and maintain program -specific guidelines, we ensure consistent care delivery and operational efficiency regardless of location. The Playbook consists of various sections dedicated to operations, clinical excellence, and customer experience, among others. While the Playbook outlines company -wide service and policy initiatives, certain aspects can be tailored based on the City's program. These playbook principles are the guidelines that all on-site staff will follow; its purpose is to: • Develop repeatable processes across Concentra sites nationwide • Enhance collaboration among Concentra sites to help deliver consistency using a patient -focused approach ■ Drive customer value and provide a best -in -class experience for patients, customers, and colleagues • Create consistent expectations for our colleagues, which will provide a view of what best practices look like Measuring Satisfaction Following a center visit, Concentra conducts web -based patient satisfaction surveys offered through a third party vendor, Franklin Covey. Items measured include quality of the facility, staff, and services rendered; survey results drive process improvements. Concentra's leaders review the results, prioritize issues, and take action as necessary and appropriate. We consistently monitor satisfaction and will share feedback with the City during quarterly stewardship meetings. We measure: • Net Patient Experience Rating (NPER) - The NPER is the percentage of responses to the survey questions "Rate Your Overall Satisfaction" that are 9s and 10s (out of 10). The NPER is important because it is a predictor of whether someone is willing to recommend Concentra. As of February 2016, Concentra's NPER for our on-site centers is 91%. ■ Net Promoter Score (NPS) - To track satisfaction, the NPS is a simple, but powerful metric for measuring customer satisfaction and, in turn, serves as an indicator of customer loyalty and potential business growth. NPS provides the means for gauging performance, establishing accountability, and prioritizing investments. Net Promoter indexes provide for actionable opportunities. As of February 2016, Concentra's NPS for our on-site centers is 93%. Wait Time Communication/Satisfaction - This measures how well a center is managing expected wait times and communicating those wait times to patients. 5. That are Competitive in terms of rates/fees, including financial and performance guarantees. Competitive Pricing Concentra's on-site center pricing structure is designed to drive maximum financial success for the City. This method of reimbursement focuses on total employee health and the City's return on investment. Our goal is to work with the City to provide a successful integrated on-site program that Leads to long-term success and a mutually beneficial relationship. We are motivated to improve the overall health and quality of lite for the City's employees and not to increase center volume in order to drive billable services. RAsr-h 1A ',nig Concentra° City of Corpus Christi, TX ♦ RFP No. 103 Employer-sponsored Wellness Clinic Technical Proposal Performance Guarantees Through GE/Allscripts, we evaluate center performance, measure outcomes, and compare them against key performance indicators (KPI) to provide data -driven insights and drive best practices. Key factors to measure program success consist of the following: • Utilization of the center • Engagement levels ▪ Patient satisfaction • Improvements in health outcomes • Improvements in productivity — reduced absenteeism, presenteeism, and time away from work • Cost savings Upon award, Concentra will engage the City's leadership team to discuss program goals and the associated metrics that define a successful clinic program. However, for the City's review, we provide Attachment D — Sample Performance Guarantees. 6. The ability to capture and report utilization, clinical quality and cost data for return on investment analysis, management, outcomes, and financial reporting. Our technology platform offers robust data capture and meaningful use reporting capabilities that enable us to manage and integrate information and offer extensive data analytics and trend reporting. The system is able to produce reports for center visits, visit type, average cost per visit, ROI, health trending, clinical outcomes, lost time, and more. There are HIPAA considerations related to the release of individual test results and clinical interventions, so that will need to be taken into account prior to information being released in anything other than an aggregate format. We include Attachment E — Sample Report for the City's review. 7. The ability to deliver electronic/web-based health records and patient education resources. As mentioned, Concentra proposes GE/Allscripts to support the City's program. These systems collectively offer an integrated platform that enables Concentra clinicians to access patient records from any on-site center, Concentra Urgent Care Center, or telemedicine site in the country, supporting continuity of patient care and exceptional customer experience. Overview GE/Allscripts supports all clinical operations and reporting needs, improves clinical quality, and streamlines the information exchange process to ensure clinicians can quickly and accurately communicate information to patients and employers. The system also provides data -driven insights, allowing us to apply population management principles for measurable trend management. Our ability to capture member data in real time from multiple sources helps us learn the health and social behavior patterns unique to each individual and the population as a whole. A.. --L 4 • nnae Concen Lra City of Corpus Christi, TX ♦ RFP No. 103 Employer-sponsored Wellness Clinic Technical Proposal The following illustration depicts the various features of a GE/Allscripts technology solution: rats sy stun rcr cLcj2�ity mfwmatscn pugnnstsc cqs prr. nt zmd . iatsaratnry GE Centricity • Registration, scheduling, electronic verification of insurance coverage • Electronic claims billing to insurance if needed • Employee eligibility verification • Interfaces with patient porta! for online scheduling Overview • Comprehensive, best -in -class, ICD 10 -compliant and Meaningful Use -certified technology that supports all aspects of the Concentra Onsite Center clinical and support operations, including Primary Care, Urgent Care, Occupational Medicine, Population Health Management • Single EPM/EHR enables Concentra clinicians to access patient records from any Concentra Onsile Center or Concentra Urgent Care location in the country, supporting continuity of patient care and exceptional customer experience • Web -based platform ensures Integrity of medical data and access from any work station with proper security clearance • Robust, meaningful stewardship reporting • Platform facilitates referral processes for diagnostic testing, specialist visits, and physical therapy • Single Sign On/Proximity Card for ease of sue and security Allscripts • Computerized order entry and management with electronic integration with tab and X-ray vendors • Supports both on-site dispensing and pharmacy e -prescribing • Customized clinical documentation templates lo support clinical operations • Best practice, evidenced based, diagnosis specific care guides • Integrated tasking and communication function Integration Capabilities GE/Allscripts offers extensive integration capabilities to third party administrators (TPA), which include HL7, XML, 837, and secure FTP among others. Presently, Concentra sends HL7 Continuity of Care Documents (CCD) to a Targe payer via Certify Data Systems on all patient encounters captured in Allscripts. We also have art established interface with a Targe wellness rewards program and can develop additional electronic data interchanges (EDI) depending on the desired level of integration. Specific requirements would need to be gathered and internal Concentra teams would work directly with end parties to fully understand unique needs. The process would follow standard software development Lifecycle — requirements, design, development, testing, and deployment. An additional fee, assessed on a times and materials basis, may apply for EDI development. Cowen da Cily of Corpus Christi, TX ♦ RFP No. J03 Employer-sponsored Wellness Clinic Technical Proppsal 8. That have well-developed, robust communications/marketing programs. Concentra offers a variety of options for promoting the City's on-site program, which is the initial step in reaching optimal utilization. We outline our promotional strategy in Tab D of the City's questionnaire and include Attachment F -- Sample Communication Materials for the City's review. 9. That possess an excellent track -record of integrating existing resources into their own resources in a smooth and efficient manner. Coordination with our clients' TPA and vendors and the Local health care community is common in most of Concentra's on-site programs and the solution we propose is uniquely positioned to complement and integrate with the City's existing health care partners. One of Concentra's goals is to collaborate with the City and its current health care partners to deliver a comprehensive suite of services that meet the needs of --- the eligible population and supports the City's goals and objectives to build a sustainable culture of health. Concentra has data -sharing capabilities with our clients, and we will assess how we can begin the same sharing capabilities with the City's and its health plan partner to create a fully integrated program that benefits the City and its participants. Upon award, we will begin collaborating with the City and its benefit plan partners to identify integration points and will continue to work with the City throughout the program's duration to ensure a coordinated approach to care delivery. RAarrk 14 '1111A Concen.ra City of Corpus Christi, TX ♦ RFP No 103 Employer-sponsored Wellness Clinic Technical Proposal H. Solution Summary Concentra's proposed program offers the City the following unique features and benefits: Experience Providing Health Care Services Concentra's extensive experience implementing, managing, and operating successful onsites by utilizing proven best practices enables us to offer a solution that delivers quality care and operational efficiency. Internal Recruiting Concentra manages and conducts the recruiting efforts for all on-site positions using our internal recruiters, and we will take extensive measures to ensure the selected clinicians and support staff possess the appropriate skillset to render care at the onsite. Advanced Technology Solution Concentra will implement the GE/Allscripts to manage and integrate information, enabling robust data analytics and trend reporting. Dedication to Service Excellence Concentra offers extensive training tools and resources during new hire and ongoing annual training to ensure our employees remain current on industry trends, practice patterns, and regulations. In addition, we track our customer service approach using nationally accepted survey tools to ensure we adhere to the highest level of service standards. Professional Leadership Team The skilled and professional leaders we designate to oversee the City's program will ensure ongoing operational and medical compliance, and will offer invaluable insight throughout all phases of the engagement. Medical Resources Concentra maintains a directory of each physician's training, licenses, board certifications, and other designations that make him/her an expert in their respective field. We also developed a Medical Advisory Board that lists physicians by specialty and expertise, allowing access to superior intellectual capital on a continual basis. Discounts Paid Forward Concentra has negotiated significant discounts on medical supplies, equipment, and pharmaceuticals by leveraging our buying power of more than 400 medical centers (Concentra Onsite Centers and Concentra Urgent Care Centers) nationally. Customized Programs The City selects exactly what the onsite offers its eligible participants (Le., primary care, preventive care, urgent care, wellness, occupational medicine, etc.) In essence, we will manage the City's onsite to not only accommodate, but also exceed program goals while meeting the needs of the eligible population. Concentra appreciates the opportunity to present our services and capabilities to the City of Corpus Christi. 1111.510.4, to "flit Concern `ra City of Corpus Christi, TX ♦ RFP No. 103 Employer-sponsored Wellness Clinic Technical Proposal 1. Attachments Concentra includes the following attachments for the City's review: A: City -required Forms B: Legal Exceptions and Sample Agreement C: Certificate of Insurance D: Sample Performance Guarantees E: Sample Report F: Sample Communication Materials G: Concentra Financials 11: Leadership Team Qualifications I: Sample Invoice J: Client Case Studies K: Executive Summary L: Leaming Library Overview M: 2016 Health Topics Calendar IA -.•r5. 1A 1f11L.' Concentra CIIy of Corpus Christi, TX • RFP No 103 Employer-sponsored Wellness Clinic Technical Proposal Attachment A City -required Forms ILA.... -h 4A '1r14.0 City at Corpus C:hrititi SUPPLIERNUMRER TO BF ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST Corpus Christi Code § 2-349, 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 next page for Filing Requirements, Certification and Definitions. COMPANY NAME: Concentra Health Services, Inc. P. O. BOX: STREET ADDRESS: 5080 Spectrum Drive, Suite 1200W CITY: Addison STATE: Texas ZIP: 75001 FIRM IS: 1. Corporation 2. Partnership 5. Other 3. Sole Owner 0 4. Association ® 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 NIA 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 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 ()leach employee or officer ofa "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant NIA 30 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 CO official, employee or body that has been requested to act in the matter, unless the interest of the City official or emplo ee 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 1 certify that all information provided is true and correct as of the date of this statement, that 1 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: Keith Newton itle: President and Chief Executive Officer (Type or Print) 1 Signature of Certifying Person: Date: DEFINITIONS 51 tg a. "Board member." A member of any board, commission, or committee of the city, including the board of any corporation created by the city. 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 ora substantial segment thereof. c. "Employee." Any person employed by the city, whether under civil service or not, including part-time employees and employees of any corporation created by the city. 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. 31 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUSINESS DESIGNATION FORM ENSURE THIS FORM IS SUBMITTED WI'I I l YOUR BID RESPONSE PLEASE INDICATE WHETHER YOUR COMPANY IS ANY ONE OF THE FOLLOWING: ❑ YES E NO - CERTIFIED HISTORICALLY UNDERUTILIZED BUSINESS (HUB) Select all that are appropriate: ❑ ASIAN PACIFIC ❑ BLACK ❑ HISPANIC ❑ NATIVE AMERICAN ❑ WOMAN Please visit the following website far information on becoming a Texas Certified IWO Ntri h,iv4,,,a F lc+s� s ste 1-tiircirenitifogniutv O YES ❑x NO - LOCAL SMALL BUSINESS (LSB) A for-profit entity employing less than 49 employees located within the City limits of -Corpus Christi, Texas 0 YES 0 NO O1I IER (PLEASE SPECIFY): ❑x THIS COMPANY IS NOT A CERTIFIED HUB or LSI3 THE INFORMATION REQUESTED IN THIS FORM IS FOR STATISTICAL REPORTING PURPOSES ONLY AND WILL NOT INFLUENCE AWARD DECISIONS OR TH E AMOUNT OF MONIES EXPENDED WITH ANY GIVEN COMPANY. EVENT NO: 103 Firm Name: Concentra Health Services, Inc. Telephone: 800-232- 3550 Ext. Address: 5080 Spectrum Drive, Suite 1200W Fax: 972-725-6439 City: Addison / Stale: TX ,Zip: 75001 - E-mail: kris_troncoso@concentra.com Signature of Person Au onzcd to'ign Form Signer's Name: Kei Newton Title: President and Chief Executive Officer (primary contact) Date: 3// /l N (Please print or type) 11 CERTIFICATE OF INTERESTED PARTIES Complete Nos. 1 - 4 and 6 it 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. Concentra Health Services, Inc. Addison, 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 FORM 1295 1 of 1 OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-21248 Date Filed: 03/03/2016 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. 103 Employer -Sponsored Wellness Clinic 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. 4 0 6 A EBONY EURSEL DANIEL My Commission Expires October 29, 2017 swear, or affirm, under ppnaity of perjury, at the above disclosure is true and correct. KelYM Newtsident and Grief Executive Officer Signa .ire of authorize agent of con cting business entity AFFIX NOTARY STAMP / SEAL ABOVE Ke+ ty /� aft Sworn to and subscribed before rne, by the said ?1TtSidt 1 W 1 l C�k tY{. , this the i � _day of ! r theft 20�L, to certify which, witness my hand and seal of office. OI I elk �T�A�L i Signature ofetucieFadministering oath Printed • tadiz Forms provided by Texas Ethics Commission e of a administering oath Title of &flcdr administering oath failj www.ethics.state.tx.us Version V1.0.312 Concentra City of Corpus Christi. TX • RFP No 103 Employer-sponsored Wellness Clinic Technical Proposal Attachment B Legal Exceptions and Sample Agreement mon-i, 14 Inin Response For Supplier: Concentra Health Services Inc Event t{ : 103-1 Name: Employer -Sponsored Wellness Clinic Description: The City of Corpus Christi (City) hcrcby issues this Request for Proposal (RFP). The City is seeking proposals from providers or management firms interested and qualified to oversee the operation of the Employer -Sponsored Wellness Clinic. Preview Date: Open Date: 02/22/2016 12:35:00 PM Close Date: 03/I4/2016 12:00:00 PM Responded To: 1 Out of I Lincs Total Bid Amount: 0.01 USD Q & A Open Date: 02/22/2016 12:35:00 PM Q & A Close Date: 03/04/2016 05:00:00 PM Dispute Close Dale: Response Attachments Attachment City of Corpus Christi RFP I03_Concentm Exception Line Responses Line 1: EMPLOYER-SPONSORED WELLNESS CLINIC Item: EMPLOYER SPONSORED CLINIC EMPLOYER-SPONSORED WELLNESS CLINIC Commodity Code: 958-56 Health Care Management Svcs (Including Managed Care Svcs) Quantity: 1.0000 UOM: EA Bid Quantity: L0000 No Charge: No \San `i4 ,nih I I� Unit Price: 0.01000 No Bid: No Extended Price: 0.01 Event # 103-1: Employer -Sponsored Wellness CIinic Vendor Item: EMPLOYER-SPONSORED WELLNESS CLIN EMPLOYER-SPONSORED WELLNESS CL Comments: Concentra provides pricing as part of the hard copy submission, in accordance with the RFP instructions, page 4, section 1.4. We hereby submit Exceptions to Terms and Conditions during the question and answer period. March 4, 2016 Lydia Juarez, Procurement Officer City of Corpus Christi Purchasing Division 1201 Leopard St. 4th Floor, City Hall Corpus Christi, TX 78401-2825 RE: Request for Proposal for an Employer-sponsored Wellness Clinic, RFP No. 103 Exceptions to RFP Specifications Dear Ms. Juarez: Concentra appreciates the opportunity to respond to the City of Corpus Christi's (the City) Request for Proposal (RFP) No. 103 for an employer-sponsored wellness clinic We acknowledge that by submitting a proposal, the proposer commits to the terms and conditions proposed for inclusion in the City's final agreement and that any deviations should be submitted during the question and answer period, ending Friday, March 4, 2016. As such, Concentra's Legal and Risk Departments reviewed the terms, conditions, and insurance requirements outlined in the City's RFP and made minor modifications to the language therein, In accordance with RFP Sections 2.4, Terms and Conditions, and 2.17, Exceptions to RFP Specifications, we submit to the City our deviations to the terms and conditions immediately following this letter. Specifically, our submission includes: ▪ An explanation of Concentra's request • Redlines of the City's agreement (Attachment A) ▪ Sample Concentra agreement for on-site center services (Attachment B) In an effort to create a mutually beneficial agreement, Concentra's legal counsel welcomes the opportunity to proactively engage the City in discussions regarding our recommended changes. Our goal is to ultimately create an agreement that not only outlines the schedule of services, but also protects the business interests of both the City and Concentra. Should you have any questions regarding this correspondence, please feel free to contact me via phone or by e-mail. Concentra values the City's consideration of our request and we look forward to the opportunity to present our proposal. Respectfully submitted, Kris Troncoso Assistant Vice President National Accounts Phone: 713.542.6251 E-mail: kris_troncoso@concentra.com • 5080 Spectrum Drive, 1200 West Tower, Addison, Texas 75001 • 800.232 3550 • 972.725 6439 Concen-ra City of Corpus Christi, TX • RFP No 103 Employer-sponsored Wellness Clinic Exceptions to RFP Specifications Explanation of Concentra's Request Concentra has reviewed the City's terms and conditions. We have a great deal of experience with on-site health care facilities, and we utilize our own standard agreement to specify the responsibilities of the parties, taking into account the unique nature and regulatory requirements for health care services. Concentra requests that the City utilize Concentra's standard agreement for this relationship, if awarded. We include a sample as Attachment B — Sample Concentra Onsite Center Agreement. If the City is unwilling to utilize Concentra's standard agreement, we request the following changes to the City's terms and conditions: As set forth in the attached redline (Attachment A — Modifications to Terms and Conditions): Paragraph 2: Fee — Concentra has added standard language to reflect the manner in which • price increases are determined and applied, as well as standard payment terms. Paragraph 3: Term -- Concentra has added standard language for renewals, providing the • parties adequate advance notice if the contract is not be renewed. This is necessary due to the complex nature of on-site health facilities and the planning required to successfully close/transition such a facility. Paragraph 13: Termination — Concentra has added standard termination language and requirements, including mutual termination without cause. ▪ Paragraph 17: Indemnification — Concentra will not indemnify the City for the City's own negligent or intentional acts or omissions. In addition, Concentra requests the following paragraphs be added to the City's terms and conditions, to capture the unique nature of this relationship: Information Systems. The City shall comply with Contractor's technology components and Security requirements required to perform the Services as provided in Exhibit C [see Concentra's standard agreement]. Contractor will provide its standard software/hardware and systems support required to deliver the Services. Contractor may, at its discretion, upgrade and make changes to the software platform and hardware utilized at the Onsite Center. Costs associated with such upgrades and changes shall be the responsibility of Contractor unless otherwise mutually agreed to by the Parties. Eligibility Files. The City shall provide Contractor the initial eligibility file at least thirty (30) days prior to the Anticipated Open for Business Date. The City shall provide ongoing weekly updates, which shall include the participant eligibility file necessary to enable Contractor to provide Onsite Center Services and reporting. The participant eligibility file will contain the entire eligible population with the targeted population delineated within the file. Prior to execution of this Agreement, Contractor will provide eligibility file standards to the City upon request. After execution of this Agreement, the City will cooperate with Contractor to identify specific data required to fulfill this Agreement. Contractor shall communicate the file specifications to the City, including the automated process for ongoing file transmission. The City acknowledges that Contractor cannot provide services and reporting without eligibility files from the City meeting the specifications as provided by Contractor. March 4. 2016 Concen s,ra City of Corpus Christi, TX r RFP No. 103 Employer-sponsored Wellness Clinic Exceptions to RFP Specifications Claims Data. The City shall provide to Contractor, at a minimum, a summary of the medical and pharmacy claims data for the eligible and targeted participants enrolled in the City's health plan(s), for the previous twelve (12) months for the purpose of calculating the onsite clinic's return on investment (ROI). Contractor shall communicate the summary data required to use in the analysis. If the data is not provided to Contractor, the ROI will be calculated using industry assumptions and may not reflect the actual ROI experienced by the City, and any performance guarantees associated with a customized City ROI will not be applicable. Temporary Onsite Center Shutdown; Holidays. (a) Temporary Shutdown. The term "Temporary Shutdown" shall include: (i) a furlough (of any nature) imposed by the City; (ii) maintenance at the City's business location that prohibits reasonable access; (iii) an unforeseen conflict at the Onsite Center not caused by Contractor or its personnel prohibiting reasonable access; or (iv) any other closure of the Onsite Center or the City's business location for reasons outside of Contractor's control. The City shall compensate the Onsite Center personnel, pursuant to Exhibit B, any amounts that would have been owed but for the closure of the Onsite Center for the following: (i) Any Temporary Shut -down; and (ii) Any City designated holiday which is not a Contractor recognized holiday. Non -Solicitation and Non -Recruitment. The parties acknowledge and agree that the relationship between Contractor and its affiliate employees who work with the City in the performance of Services hereunder (each an "Affiliated Employee"), and the Contractor's relationship with its employees, constitute a valuable asset of Contractor. Therefore, the City shall not, either during the term of this Agreement or for a period of one (1) year after the termination of this Agreement for any reason whatsoever, hire any Affiliated Employee or induce, or attempt to induce, directly or indirectly, any Affiliated Employee to leave his or her employ with Contractor, unless Contractor provides written consent. If the City (or, a new medical provider to Company) solicits or hires an Affiliated Employee in violation of this Section 9, Contractor may terminate this Agreement immediately and, upon written notice to the City, shall receive from Clint a fee for each Affiliated Employee solicited or hired in an amount equal to one (1) times the annual salary of each such Affiliated Employee within thirty (30) days from such date of notice. Custodian. Contractor shall serve as the custodian of medical records created at the Onsite Center(s) during the Term of this Agreement. Contractor, while the custodian of medical records shall abide by all local, state, and federal requirements for such record retention during the Term of this Agreement. The City acknowledges that Contractor will provide copies of medical records to any third -party requestor (with the appropriate executed release from the employee/patient, court order as applicable, or as provided by applicable law). The below shall control the retention and/or release and delivery of medical records or data upon termination of the Agreement and the City's written request: March 4 2016 ConcenIra City or Corpus Christi, TX ♦ RFP No. 103 Employer-sponsored Wellness Clinic Exceptions to RFP 5pecirications (i) Upon the termination of this Agreement for any reason, the City shall execute a custodial agreement with Contractor and any new third -party medical provider ("New Medical Provider"), as applicable, to ensure all parties' compliance with applicable laws. Contractor shall provide the City with such custodial agreement for execution. The City shall be solely responsible for any expense related to the transfer of medical records, any retention required by law (including OSHA), any photocopies requested, or any records/data requested to be provided in an electronic format and/or transferred to the City or New Medical Provider(s)_ The records shall be inclusive of all historical medical records related to the patient population of the Onsite Center(s). (ii) The City shall be invoiced for any production/conversion as a separate line item as a standard Service under this Agreement, which must be paid in full prior to the release of the final set of data requested by the City or New Medical Provider(s). If historical medical records were provided to Contractor by the City or any third -party, such historical records shall be provided to the City or New Medical Provider(s) in the same manner and condition as provided to Contractor. Upon payment by the City, the parties will make best efforts to deliver and/or transfer such records within two (2) weeks, or a mutually agreed upon date. (iii) If Contractor is replacing an existing third -party medical provided (a "Prior Medical Providers) as part of a transition of service at the Onsite Center, Contractor shall become the medical record custodian as of the open for business date of the Onsite Center and all parties must execute a custodial agreement thirty (30) days prior to the Onsite Center Anticipated Open for Business Date to ensure all parties' compliance with applicable laws. The City shall provide Contractor written notice of the intended format and delivery of all records created to Contractor sixty (60) days prior to the Anticipated Open for Business Date. Such delivery shall include any medical records, required data, software applications previously used, and required data conversions proposed. Any fees associated with such transfer of the above materials from the Prior Medical Provider shall be at the City's sole expense. (b) Access. The City is not entitled to access any patient medical records except to the extent allowed by law. Contractor is a "covered entity" as enumerated in 45 CFR §160.103. As a covered entity, Contractor may only disclose protected health information as authorized by and to the extent allowed by law. Security Audit Rights. (a) For purposes of this Agreement, the term "Information Technology Resources" includes, but is not limited to, hardware, application software, system software, and information (data) used in conjunction with the Services provided at the Onsite, regardless of whether the Information Technology Resources are owned by the City or a third -party. The term "Information Technology Services" includes, but is not limited to, the management, operation (including input, processing, transmission, and output), maintenance, programming, and system administration of computer systems, networks, and telecommunications systems used in conjunction with the Services provided at the Onsite, regardless of whether the Information Technology Services are owned or operated by the City or a third -party. (b) In the event that the City utilizes a third -party provider, including contractors or sub- contractors, to provide Information Technology Resources, the City shall ensure that such third -party providers agree to abide by the requirements of this section. Marrh 4 7n1R Concentra City of Corpus Christi, TX • RFP No. 103 Employer-sponsored Wellness Clinic Exceptions to RFP Specifications (c) Upon reasonable advance written notice, Contractor reserves the right to perform security audits at the Onsite Center to evaluate the adequacy and compliance of Information Technology Resources and Information Technology Services as defined herein. Contractor reserves the right to use appropriate tools and technology to monitor, encrypt, or scan as appropriate. Contractor shall be provided reasonable access to premises and technology resources to verify conformance to the terms of this Agreement. Contractor shall be permitted to conduct these audits with its own resources, by securing the services of a third - party firm, or any combination thereof, solely at Contractor's election. Contractor shall have the right to copy, at its own expense, any record related to the Services performed pursuant to this Agreement. Contractor's Personnel. (a) Contractor is solely responsible for the hiring, training, and performance management of all Contractor employees at the Onsite Center. The City may provide Contractor written feedback regarding a Contractor employee performance issue. Upon such feedback, Contractor will conduct an investigation of the applicable facts and circumstances. If Contractor determines that termination of such Contractor employee is not warranted, then the City will be assessed the remaining monies due to such Onsite Contractor employee including severance, benefits, and expenses related to the closure expense (if applicable) for the remainder of the current calendar year. (b) The severance payment required herein shall be calculated at a rate of one (1) week's pay at the pro -rated staffing cost in Exhibit B per year of service at the Onsite Center, with a mandatory minimum of two (2) weeks' severance to be paid by the City. The severance payment shall be invoiced as a separate line item as a standard Service under this Agreement. (c) If, at any time during the term of this Agreement, Contractor is required to provide replacement personnel (the "Back -Fill Personnel") at and Onsite Center due to scheduled or unscheduled absences of any Contractor employee (which includes, but is not limited to, physicians, physician assistants, registered nurses, physical therapists, etc.) provided by Contractor at the Onsite Center, then Contractor will make its best efforts to utilize the personnel already assigned to that Onsite Center to provide such Back -Fill Personnel due to such scheduled or unscheduled absence. However, if Contractor cannot provide such Back -Fill Personnel equal to the position required from the already assigned Onsite Center personnel, then Contractor must request an agency or other available Contractor employee to provide such Back -Fill Personnel equal to that Contractor employee absent to render the Onsite Center Services (which such Back -Fill Personnel must have equal or better credentials to the position vacant due to such absence). If Contractor uses such an agency or other Contractor employee at a higher hourly rate, then the difference in the hourly rate associated with such Back -Fill Personnel will be invoiced as a separate line item to the City on a monthly basis as a standard Service under this Agreement. Marrh d 7f11n, Concentra City of Corpus Christi, TX • RFP No. 103 Employer-sponsored Wellness Clinic Exceptions to Terms and Conditions Attachment A Modifications to Terms and Conditions Marrh 4 9MR SERVICE AGREEMENT Attachment 1 — Sample Agreement EMPLOYER-SPONSORED WELLNESS CLINIC Contract No. 16-644 THIS Employer -Sponsored Wellness Clinic ("Agreement") is entered into by and between !insert name of company] ("Contractor") and the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), by and through its duly authorized City Manager or his designee ("City Manager"), effective for all purposes upon execution by the City Manager. WHEREAS, Contractor has proposed to provide management and operation of an employer-sponsored wellness clinic services in response to the City's Request for Proposals ("RFP Event No. 16-103"); WHEREAS, the City has determined Contractor to be the best valued respondent; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide management and operation of an employer- sponsored wellness clinic ("Services") in accordance with the wellness clinic's services offer, to provide full access to primary care including, but not limited to: episodic care, disease management, and wellness programs focused on health promotion and disease prevention. The wellness clinic's staff should be properly sponsored and supervised as required by the State of Texas. Neither the City nor its health benefits fund will assume any liability for the practice of medicine. The wellness clinic management firm will oversee the operation of the clinic and be responsible for all expenses incurred, such as but not limited to: staffing, supplies (both medical and office), facilities, record maintenance, telephone, and any special needs regarding waste removal or security. All services, data management and record keeping will be HIPAA and HITECH compliant ("Exhibit A"), which exhibit is attached to Agreement. 2. Fee. The total amount to be paid under the initial term of this agreement shall not exceed $ . Fees will be paid as outlined in attached Exhibit B "Fee Schedule". The Fees provided on Exhibit B shall automatically increase five percent (5%), which shall include management fees (if applicable). Concentra shall invoice Client monthly and Client shall remit payment to Concentra within thirty (30) days of receipt of invoice. Client agrees to pay any sales, use, excise or similar taxes applicable to the Services provided for hereunder. 3_ Term. This Agreement takes effect upon execution of the City Manager and cnatinije' lentil for titin vpnrc with nn nr.+;n„ _ ••• 0110 ••:- year periods. Due the nature of this Agreement, any Renewal Term requires the parties to begin negotiating six (6) months prior to the expiration of the then current term or renewal period, as applicable. An amendment for such renewal must be executed by both parties ninety j90) days' prior to the expiration of the then current term or renewal period, as applicable. If the parties have no renewal amendment signed upon expiration of the ninety (90) day period, then Contractor shall have the right to immediately terminate this Agreement and cease to perform the Services. 24 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. -h12. Amendments. This Agreement may be amended only in writing and upon execution by authorized representatives of both parties. -1213. Termination. The City ManagerEither party may terminate this Agreement for _ _ _ _ _ - _ - - -- - - - ••- breach. F-ailurte-keep 4er.Riiwiffiep—The Contract Administratornon-breachinq party must give the Contractor breaching party written notice of the breach and set out a reasonable opportunity to cure. If the Contractor breach has not cured within the cure period, the City Managernon-breachinq party may terminate this Agreement immediately thereafter. Failure to keep all insuranc olLcie5 in force for the entire term of this Agreement is grounds for termination. Alternatively, the City Manager may terminate this Agreement without cause upon 29 60 days' written notice to the Contractor. However, the City may terminate this Agreement upon three days' written notice to the Contractor for Contractor's failure to pay or 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. If the City terminates this Agreement without cause during the first twelve (12) months of the Agreement. the City shall pay Contractor: a termination fee in an amount equal to three (3) months' worth of the annual fee (set forth in Exhibit B); any shutdown costs related to such termination (including but not limited to severance, outstanding account receivable and other related closing expenses, as applicable); and any and all fees and costs invoiced to the Onsite Center that originated from this Agreement for a period of six (6) months beyond the termination date. In any other termination event, the City shall pay Contractor: any shutdown costs related to such termination (including but not limited to severance, outstanding account receivable and other related closing expenses, as applicable); and any and all fees and costs invoiced to the Onsite Center that originated from this Agreement for a period of six (6) months beyond the termination date. At the expiration or termination of this Agreement, neither the City nor any third - party shall have access to, or use of, any of Contractor's personnel, electronic medical record system, reporting or network except as may be expressly approved in writing by Contractor with the applicable fee for such requirements beyond such termination date. 1 -1-&14. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes in accordance with Circular E, "Employer's Tax Guide", Publication 15, as it may be amended. Upon request, the City Manager shall be provided proof of payment of one or more of these taxes within 15 days of such request. 1,arra. 4C. roumay ay 1/ eqiltry hunr y u, -1.51 6. Severability. Each provision of this Agreement shall be considered to be severable and if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, and this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. -14:17.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 PERSONAL INJURIES, INCLUDING THOSE RESULTING IN WORKERS' COMPENSATION CLAIMS OR DEATH, PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF LOSS OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, REASONABLE ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMEN-T [ THE CONTRACTOR'S PERFORMANCE OF THIS AGREEMENT AND REGARDJEcc OF WHETHEREXCEPT WHERE THE INJURIES, DEATH, LOSS, OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRE-NT OR CONTRIBUTORY NEGLIGENCE OR INTENTIONAL ACTS OR OMISSIONS OF INDEMNITEES CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL NOTICES, CLAIMS, AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. SIGNED this day of , 20 Contractor [insert company namel Name: Title: Concenizra City of Corpus Christi, TX ♦ RFP No. 103 Employer-sponsored Wellness Clinic Exceptions to Terris and Conditions Sample Concentra Onsite Center Agreement March 4, 2016 Attachments AGREEMENT FOR SERVICES AT AN ONSITE CENTER This Agreement for Services at an Onsite Center (the °Agreement") is made and entered into as of the day of , 2015 (the "Effective Date"), by and between Concentra Health Services, Inc., a Nevada Corporation, for the benefit of and on behalf of its subsidiaries, affiliates, and managed and professional associations and corporations ("Concentra") and (°CIient"). RECITALS WHEREAS, Concentra is in the business of providing certain healthcare services through its employees, and/or its designated affiliates and associations as more fully defined herein, including those Services as described on Exhibit A attached hereto (the work set forth in the Scope of Work is referred to herein as 'Services') at the Client's business location (the "Onsite Center(s)"); and WHEREAS, the affiliates acting as the billing parties for the purposes of obtaining the fees for the Services outlined in this Contract (the °Billing Group') include Occupational Health Centers of .; and WHEREAS, Client desires to engage Concentra, and Concentra desires to accept such engagement, to provide the Services, on the terms and conditions set forth in this Agreement; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: AGREEMENT 1. Term and Renewal. The initial term of this Agreement (the 'Initial Term") shall be for three (3) years, commencing on the Effective Date. This Agreement may be renewed for additional three (3) year terms (each a °Renewal Term") (the Initial Term and Renewal Term shall be collectively referred to as the °Term") upon mutual agreement and executed amendment between the parties. 2. Compensation. (a) Client shall pay Concentra fees set forth in Exhibit B (the "Fees"). At the beginning of each twelve (12) month period after the Effective Date of this Agreement, the Fees provided on Exhibit B shall automatically increase five percent (5%), which shall include management fees (if applicable). Concentra shall invoice Client monthly and Client shall remit payment to Concentra within thirty (30) days of receipt of invoice. Client agrees to pay any sales, use, excise or similar taxes applicable to the Services provided for hereunder. (b) Failure to pay an invoice when due shall constitute a material breach of this Agreement and Concentra reserves the right to terminate this Agreement pursuant to the remedies set forth in Section 4 (Termination) if the invoice has not been resolved in thirty (30) days of the invoice due date. Concentra reserves the right to refrain from providing Services to Client if undisputed charges have not been resolved and paid to Concentra. In the event that Concentra continues to provide Services during a period of time when Client is in breach, such continuance of Services will not operate as a waiver of Concentra's right and ability to utilize the remedies available to Concentra under applicable laws. (c) Any change to this Agreement may only be made by amendment executed by both parties. The written amendment shall include any increase to Fees associated with any requested change to this Agreement. 1 3. Obligations of the Parties. (a) During any Term of this Agreement, Concentra shall provide the Services described in Exhibit A. (b) Onsite Location. Client agrees to provide Concentra the opportunity to inspect, design and/or build -out the required space as referenced in the previously executed Letter of Intent and Exhibit D (as applicable for existing space), at least sixty (60) days' prior to the date of open for business as set forth in the LOl (the °Anticipated Open for Business Date°). The fees for such build -out and equipment requirements are provided in Exhibit H. (c) Information Systems. Client shall comply with Concentra's technology components and Security requirements required to perform the Services as provided in Exhibit C. Concentra will provide its standard software/hardware and systems support required to deliver the Services. Concentra may, at its discretion, upgrade and make changes to the software platform and hardware utilized at the Onsite Center. Costs associated with such upgrades and changes shall be the responsibility of Concentra unless otherwise mutually agreed to by the Parties. (d) Marketing and Communications. Materials to support the utilization and engagement goals of the Onsite Center will be provided as described in Exhibit E. Quantities of materials will be determined based on the number of onsite locations and eligible participants. Costs for customized materials requested but not referenced in Exhibit E will be charged on a time and materials basis. Notwithstanding Section 15(k) of the Agreement the parties mutually agree to: (i) protect the brand of both parties; (ii) perform marketing; and (iii) be jointly responsible for the promotion of the Services provided by Concentra. (e) Reporting. Concentra agrees to provide Client quarterly reporting and an annual report providing a review of program goals to date and a strategic plan for the upcoming year. Any custom reporting that is beyond the scope outlined in this Section will be as a separate hourly rate as provided on Exhibit B. (f) Eligibility Files. Client shall provide Concentra the initial eligibility file at least thirty (30) days prior to the Anticipated Open for Business Date. Client shall provide ongoing weekly updates, which shall include the participant eligibility file necessary to enable Concentra to provide Onsite Center Services and reporting. The participant eligibility file will contain the entire eligible population wih the targeted population delineated within the file. Prior to execution of this Agreement, Concentra will provide eligibility file standards to Client upon request. After execution of this Agreement, Client will cooperate with Concentra to identify specific data required to fulfill this Agreement Concentra shall communicate the file specifications to Client, including the automated process for ongoing file transmission. Client acknowledges that Concentra cannot provide services and reporting without eligibility files from Client meeting the specifications as provided by Concentra. (g) Claims Data. Client shall provide to Concentra, at a minimum, a summary of the medical and pharmacy claims data for the eligible and targeted participants enrolled in Client's health plan(s), for the previous twelve (12) months for the purpose of calculating the onsite clinic's return on investment (ROI). Concentra shall communicate the summary data required to use in the analysis. If the data is not provided to Concentra, the ROI will be calculated using industry assumptions and may not reflect the actual ROI experienced by Client, and any performance guarantees associated with a customized Client ROI will not be applicable. (h) Resources. Client shall provide in writing a single primary point of contact for implementation project management and ongoing account management. 4. Termination. The termination provisions are follows: (a) If during ny Initial or aout cause, then the Client will pay Concentrraa termination RenewalClient fee in an amount equal to one (1) timinates es thee Annual Fes Agreement e (shown on 2 Exhibit B) and any shutdown costs related to such termination (including but not limited to severance, outstanding account receivable and other related closing expenses), within thirty (30) days of Client's notice to terminate this Agreement. Upon such termination event, Client is also liable for any and all fees and any costs invoiced to the Onsite Center that originated from this Agreement for a period of six (6) months beyond the close of business date at the Onsite Center. (b) Either party may terminate this Agreement upon thirty (30) days written notice to the other party in the event of an alleged breach of this Agreement. If the alleged breach remains uncured following such written notice identifying the alleged breach, then the Agreement shall be terminated. The breaching party shall be liable for all direct costs, fees, expenses and damages and/or other amounts (including, but not limited to, reasonable attorneys' fees) as a result of the breach. In the event this Agreement is terminated due to a party's breach, the other party shall have no continuing obligations or liabilities under this Agreement except as expressly provided under this Agreement. Notwithstanding the foregoing, in the event this Agreement is terminated by reason of Client's breach, Client shall remain liable for all fees due for the remaining balance of the then current Term of the Agreement. (c) At the expiration or termination of this Agreement, neither Client nor any third -party shall have access to, or use of, any Concentra personnel, electronic medical record system, reporting or Concentra's network except as may be expressly approved in writing by Concentra with the applicable fee for such requirements beyond such termination date. (d) Due the nature of this Agreement, any Renewal Term requires the parties to begin negotiating six (6) months prior to the expiration of the then current Initial or Renewal Term, as applicable. An amendment for such Renewal Term must be executed by both parties ninety (90) days' prior to the expiration of the then current Initial Term or Renewal Term, as applicable. If the parties have no Renewal Term amendment signed upon expiration of the ninety (90) day period, then Concentra shall have the right to immediately terminate this Agreement and cease to perform the Services. 5. Temporary Onsite Center Shutdown; Holidays. (a) Temporary Shutdown. The term °Temporary Shutdown" shall include: (i) a furlough (of any nature) imposed by Client; (ii) maintenance at Client business location that prohibits reasonable access; m an unforeseen conflict at the Onsite Center not caused by Concentra or its personnel prohibiting reasonable access; or (iv) any other closure of the Onsite Center or Client's business location for reasons outside of Concentra's control. Client shall compensate the Onsite Center personnel, pursuant to Exhibit B, any amounts that would have been owed but for the closure of the Onsite Center for the following: (i) Any Temporary Shut -down; and (ii) Any Client designated holiday which is not a Concentra recognized holiday. 6. Compliance with Laws. In the performance of its duties and obligations pursuant to this Agreement, Concentra shall comply with all laws, rules, and regulations applicable to Concentra in connection therewith. Concentra shall ensure that all personnel performing Services hereunder are appropriately licensed or certified to perform the Services. Client shall not direct or encourage Concentra to act or refrain from acting in a way which, to its knowledge, would violate any applicable law or regulation. Client shall not act in a way which, to its knowledge, could implicate or involve Concentra in a violation of any law or regulation. Client's direction or encouragement of Concentra to act (or refrain from acting) in a manner described herein shall constitute a material breach by Client. 7. Insurance. Upon execution and delivery of this Agreement, Concentra shall provide to Client certificates of insurance evidencing Concentra's commercial general liability and professional liability insurance 3 coverage in the amounts listed on the attached Exhibit G for Services rendered by Concentra.` Concentra shall notify Client thirty (30) days prior to any modification, cancellation, or termination of such insurance that may affect Client. 8. Nature of Relationship. Concentra shall perform this Agreement as an independent contractor to Client and, except as specifically provided in this Agreement, Concentra shall be solely responsible for the means and methods used to perform its obligations to Client. Concentra and Client specifically acknowledge and agree that all individuals who will be performing Services hereunder are agents or employees of Concentra and not of the Client. Nothing in this Agreement is intended or shall be construed to create a joint venture, agency, partnership, employer/employee relationship or any legal or equitable relationship other than that of client and independent contractor. 9. Non -Solicitation and Non -Recruitment. If Client, or a third party on Client's behalf, induces employment of any Concentra personnel during any Term or within six (6) months from termination of this Agreement, then Client shall be in violation of this Section 9 and must pay Concentra one (1) times the annual salary of each of the Concentra personnel hired by Client or any third -party (intemal or external). Such amount will be paid within thirty (30) days upon receipt of the invoice or demand for such amount. This Section 9 shall survive the termination of this Agreement. 10. Confidentiality. (a) The parties recognize and acknowledge that in the course of performing their duties and obligations under this Agreement the parties may have access to the other party's trade secrets and confidential or proprietary information (the "Confidential Information") including, but not be limited to, this Agreement and the terms contained herein. Each party hereby agrees that, except when required by law, it will not disclose, in whole or in part, such Confidential Information for its own purposes or for the benefit of any other person, firm, partnership, association, corporation or business organization, entity or enterprise. In connection therewith, each party represents and warrants that any employee or agent of a party that has access to the Confidential Information of the other party has provided reasonable assurances obligating each individual to adhere to and be subject to the terms of this Section 10(a). Both parties shall maintain the confidentiality of medical records generated hereunder in accordance with applicable law and shall protect from disclosure any protected health information, as defined in 45 CFR §164.501, or individually identifiable health information as defined in 45 CFR Parts 160-164 and the federal security standards as contained in 45 CFR Part 164. (b) The parties agree that, in the event of a disclosure or threatened disclosure of such Confidential Information in a manner inconsistent with the terms of this Agreement, through any means whatsoever, the injured party may terminate this Agreement and may, in addition to any other remedies to which it may be entitled: (i) demand the return of any and all documents or other tangible items which reflect, reveal, disclose, constitute, compromise, or embody such Confidential Information and any or all copies thereof, whereupon the party disclosing, or threatening to disclose, such Confidential Information in a manner inconsistent with the terms of this Agreement shall promptly comply with such demand; (ii) be entitled to institute and prosecute proceedings in a court of competent jurisdiction to obtain temporary and/or permanent injunctive relief to enforce any provision hereof, without the necessity of proof of actual injury, loss or damage; and (iii) recover damages, losses, and expenses of any nature, including without limitation attorneys' fees, arising out of, resulting from or otherwise relating to such disclosure or threatened disclosure. Anything contained in this Section 10(b), to the contrary notwithstanding, each of the parties to this Agreement shall not be required to retum or deliver any documents or other tangible items relating to such Confidential Information , if such return or delivery would directly violate any express provisions of an applicable order of a court of competent jurisdiction. It is the intention of the parties hereto that, in enforcing the provisions of this Section 10(b), a court may take into consideration, among other factors, each of the parties' interest in maintaining the confidentiality of such Confidential Information. Anything contained in this Section 10(b) to the contrary 4 notwithstanding, the provisions of this Section 10(b) are not intended to cover information, which is in the public domain or becomes generally known. (c) If either party believes that it has, or may, become legally obligated to disclose Confidential Information to a third -party not govemed by this Agreement, such party will provide immediate written notice to the other party so that it may intervene to attempt to prevent such disclosure. This Section 10 shall survive the termination of this Agreement. 11. Indemnification. (a) Each party shall indemnify, defend, and hold harmless the other party, and such other party's officers, directors, employees, and affiliates, from and against any and all liability, loss, cost, or expense (including, without limitation, reasonable attorneys fees), arising out of or in connection with the negligence or misconduct of the indemnifying party in the performance of its duties and obligations pursuant to this Agreement. (b) The party seeking indemnification shall promptly notify in writing the party from whom indemnification is sought of any claim asserted against it for which such indemnification is sought, and shall promptly deliver to the party from whom indemnification is sought a true copy of any such claim including, but not limited to, a true copy of any summons or other process, pleading, or notice issued in any lawsuit or other proceeding to assert or enforce such claim. An indemnifying party hereunder reserves the right to control the investigation, trial, and defense of such lawsuit or action (including all negotiations to effect settlement) and any appeal arising therefrom and to employ or engage attorneys of its own choice. (c) The party seeking indemnification may, at its own cost, participate in such investigation, trial, and defense of such lawsuit or action and any appeal arising therefrom. The party seeking indemnification and its employees, agents, servants, and representatives shall provide full reasonable cooperation to the indemnifying party at all times during the pendency of the claim or lawsuit, including without limitation, providing them with all available information under the control of the party seeking indemnification or its employees, agents, servants or representatives with respect thereto. This Section 11 shall survive the termination of this Agreement. 12. Medical Records. (a) Custodian. Concentra shall serve as the custodian of medical records created at the Onsite Center(s) during the Term of this Agreement. Concentra, while the custodian of medical records shall abide by all local, state, and federal requirements for such record retention during the Term of this Agreement. Client acknowledges that Concentra will provide copies of medical records to any third -party requestor (with the appropriate executed release from the employee/patient, court order as applicable, or as provided by applicable law). The below shall control the retention and/or release and delivery of medical records or data upon termination of the Agreement and Client's written request: (i) Upon the termination of this Agreement for any reason, Client shall execute a custodial agreement with Concentra and any new third -party medical provider ("New Medical Provider"), as applicable, to ensure all parties' compliance with applicable laws. Concentra shall provide Client with such custodial agreement for execution. Client shall be solely responsible for any expense related to the transfer of medical records, any retention required by law (including OSHA), any photocopies requested, or any records/data requested to be provided in an electronic format and/or transferred to the 5 Client or New Medical Provider(s). The records shall be inclusive of all historical medical records related to the patient population of the Onsite Center(s). (ii) The Client shall be invoiced for any production/conversion as a separate line item as a standard Service under this Agreement, which must be paid in full prior to the release of the final set of data requested by Client or New Medical Provider(s). If historical medical records were provided to Concentra by Client or any third -party, such historical records shall be provided to Client or New Medical Provider(s) in the same manner and condition as provided to Concentra. Upon payment by Client, the parties will make best efforts to deliver and/or transfer such records within two (2) weeks, or a mutually agreed upon date. (iii) If Concentra is replacing an existing third -party medical provided (a 'Prior Medical Provider") as part of a transition of service at the Onsite Center, Concentra shall become the medical record custodian as of the open for business date of the Onsite Center and all parties must execute a custodial agreement thirty (30) days prior to the Onsite Center Anticipated Open for Business Date to ensure all parties' compliance with applicable laws. Client shall provide Concentra written notice of the intended format and delivery of all records created to Concentra sixty (60) days prior to the Anticipated Open for Business Date. Such delivery shall include any medical records, required data, software applications previously used, and required data conversions proposed. Any fees associated with such transfer of the above materials from the Prior Medical Provider shall be at the Client's sole expense. (b) Access. Client is not entitled to access any patient medical records except to the extent minimally necessary to determine a workers compensation claim. Concentra is a "covered entity" as enumerated in 45 CFR §160.103. As a covered entity, Concentra may only disclose protected health information as authorized by and to the extent necessary to comply with laws relating to workers' compensation or other similar programs, established by law, that provide benefits for work-related injuries or illness without regard to fault. This Section 12 shall survive the termination of this Agreement. 13. Security Audit Rights. (a) For purposes of this Agreement, the term "Information Technology Resources° includes, but is not limited to, hardware, application software, system software, and information (data) used in conjunction with the Services provided at the Onsite, regardless of whether the Information Technology Resources are owned by Client or a third -party. The term "Information Technology Services" includes, but is not limited to, the management, operation (including input, processing, transmission, and output), maintenance, programming, and system administration of computer systems, networks, and telecommunications systems used in conjunction with the Services provided at the Onsite, regardless of whether the Information Technology Services are owned or operated by Client or a third -party. (b) All Information Technology Resources shall be sufficiently protected according to Concentra Security standards attached hereto as Exhibit I. (c) In the event that Client utilizes a third -party provider, including contractors or sub- contractors, to provide Information Technology Resources, Client shall ensure that such third -party providers agree to abide by the requirements of this Section 13. 6 (d) Upon reasonable advance written notice, Concentra reserves the right to perform security audits at the Onsite Center to evaluate the adequacy and compliance of Information Technology Resources and Information Technology Services as defined herein. Concentra reserves the right to use appropriate tools and technology to monitor, encrypt, or scan as appropriate. Concentra shall be provided reasonable access to premises and technology resources to verify conformance to the terms of this Agreement. Concentra shall be permitted to conduct these audits with its own resources, by securing the services of a third -party firm, or any combination thereof, solely at Concentra's election. Concentra shall have the right to copy, at its own expense, any record related to the Services performed pursuant to this Agreement. 14. Client Audit. Upon Client providing thirty (30) days advance written notice to Concentra, Client may inspect the books, procedures, and records of Concentra (excluding financial data and Confidential Information) to monitor compliance with this Agreement. Any such audit shall be at Client's sole expense. Client shall pay all reasonable fees incurred by Concentra to complete the audit (including, but not limited to, reasonable copy charges, and Concentra personnel to provide requested materials for such audit), to be invoiced as a separate line item on the next monthly billing statement as a standard Service provided under this Agreement. 15. Concentra's Personnel. (a) Concentra is solely responsible for the hiring, training, and performance management of all Concentra personnel at the Onsite Center. Client may provide Concentra written feedback regarding a Concentra personnel performance issue. Upon such feedback, Concentra will conduct an investigation of the applicable facts and circumstances. If Concentra determines that termination of such Concentra personnel is not warranted, then Client will be assessed the remaining monies due to such Onsite Concentra personnel including severance, benefits, and expenses related to the closure expense (if applicable) for the remainder of the current calendar year. (b) The severance payment required by subsection 15(a) shall be calculated at a rate of one (1) week's pay at the pro -rated staffing cost in Exhibit B per year of service at the Onsite Center, with a mandatory minimum of two (2) weeks' severance to be paid by Client. The severance payment shall be invoiced as a separate line item as a standard Service under this Agreement. (c) If, at any time during the term of this Agreement, Concentra is required to provide replacement personnel (the "Back -Fill Personner) at and Onsite Center due to scheduled or unscheduled absences of any Concentra personnel (which includes, but is not limited to, physicians, physician assistants, registered nurses, physical therapists, etc.) provided by Concentra at the Onsite Center, then Concentra will make its best efforts to utilize the personnel already assigned to that Onsite Center to provide such Back -Fill Personnel due to such scheduled or unscheduled absence. However, if Concentra cannot provide such Back -Fill Personnel equal to the position required from the already assigned Onsite Center personnel, then Concentra must request an agency or other available Concentra personnel to provide such Back -Fill Personnel equal to that Concentra employee absent to render the Onsite Center Services (which such Back -Fill Personnel must have equal or better credentials to the position vacant due to such absence). If Concentra uses such an agency or other Concentra personnel at a higher hourly rate, then the difference in the hourly rate associated with such Back -Fill Personnel will be invoiced as a separate line item to the Client on a monthly basis as a standard Service under this Agreement. 16. Performance Guarantees. Concentra and Client have mutually agreed upon the Performance Guarantees as shown in Exhibit F (the Performance Guarantees°). The Parties will review the Performance Guarantees annually and may only be adjusted upon the mutual written consent of the Parties. Concentra agrees to place Management Fees at risk as outlined on Exhibit F for the Term of this Agreement. Only the Management Fee described in Exhibit 8 will be deemed to be at risk under this Agreement. If Concentra does not meet the Performance Guarantees, then Concentra will credit the applicable amount following the annual review of the 7 Performance Guarantees. If Concentra exceed the Performance Guarantees, then Client shall apply such credit to Concentra within thirty (30) days' of such annual review. 17. Miscellaneous. (a) Entire Agreement; Amendment. All exhibits referenced in this Agreement (°Exhibits") shall be attached and incorporated herein. This Agreement and all Exhibits contains the entire agreement and understanding of the parties with respect to the subject matter hereof, and supersedes any and all prior agreements, understandings, and arrangements, written or oral, between the parties hereto regarding the subject matter hereof. Only a written instrument executed by both parties may amend this Agreement. (b) Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed to have been properly given: (i) when personally delivered; (ii) if sent via ovemight delivery by a nationally recognized overnight carrier, upon the delivery date; or (iii) if sent by United States mail, three (3) business days after deposit in postage prepaid, certified or registered mail, to the following respective addresses (or to such other address or addresses as either party may designate in writing): If to Concentra: Concentra Health Services, Inc. 5080 Spectrum Drive, Suite 1200W Addison, Texas 75001 Attn: Legal — Contracting (Onsites) With a copy to: Concentra Health Services, Inc. 5080 Spectrum Drive, Suite 1200W Addison, Texas 75001 Attn: If to Client: Attn: Copy to: (c) Adequate Assurances. If reasonable grounds for insecurity arise with respect to Client's ability to pay for the Services in a timely fashion, Concentra may demand in writing adequate assurances of Client's ability to meet its payment obligations under this Agreement. Unless Client provides such assurances in a reasonable time and manner acceptable to rights and remedies available, Concentra may in its sole discretion: (a) partially or totally suspend its performance of Services while awaiting assurances from Client, without any liability; and/or (b) require payment from Client in advance for Services not yet provided, without any liability. (d) Force Majeure. Neither party shall be liable for failure to perform any duty or obligation that either may have under this Agreement where such failure has been occasioned by any act of God, fire, inevitable accident, war, or any cause outside the reasonable control of the party who had the duty to perform. This provision explicitly excludes Temporary Shutdowns as set forth in Paragraph 5 of this Agreement, economic hardship, labor shortages, labor or employee reductions, fluctuations in market conditions, and insufficiency of funds as reasons a party may invoke this provision for failure to perform its obligations under this Agreement. (e) Waiver. The failure of either party to exercise or enforce any right conferred upon it hereunder shall not be deemed to be a waiver of any such right, nor operate to bar the exercise or performance 8 thereof at any time or times thereafter, nor shall its waiver of any right hereunder at any given time, including rights to any payment, be deemed a waiver thereof for any other time. (f) Assignment; Binding Effect. Neither party may assign this Agreement to any other person or entity without the prior written consent of the other party; provided however that Client acknowledges that certain professional Services to be rendered by Concentra may be rendered by a professional association affiliated with Concentra. Notwithstanding anything contained herein to the contrary, either party may assign this Agreement, without consent, to the surviving entity in the event of a merger or sale of substantially all the assets. Subject to the foregoing, this Agreement inures to the benefit of, and is binding upon, the parties hereto and their respective successors and assigns. (g) Severability. If any provision of this Agreement is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the parties shall, if possible, agree on a legal, valid, and enforceable substitute provision that is as similar in effect to the deleted provision as possible. The remaining portion of the Agreement not declared illegal, invalid, or unenforceable shall, in any event, remain valid and effective for the remaining Term unless the provision found illegal, invalid, or unenforceable goes to the essence of this Agreement. (h) Goveminq Law. This Agreement in accordance with, the laws of the state in which the Services are be e performed, without gad fl to conct/choiced by, and construed and rofdlaw principles. (1) Legislative Modification. Notwithstanding any other provision to the contrary: (a) in the event that any federal, state, or local law, rule, regulation, or interpretation thereof at any time during the Term of this Agreement prohibits, restricts, or in any way materially changes the method or amount of reimbursement or payment for Services under this Agreement, then this Agreement shall, in good faith, be amended by the parties to provide for payment of compensation in a manner consistent with any such prohibition, restriction, or limitation; and (b) with respect to any law, rule, regulation, or interpretation thereof which results in a material Increase in the cost of Services provided by Concentra hereunder, Concentra shall have the right to increase its fees to reach that level of prices at which it is willing to provide Services hereunder. With respect to any other prohibition, restriction, or change that causes this Agreement to be impermissible or materially different in its effect than contemplated herein, the parties hereto will, in good faith, negotiate and amend this Agreement to cause their relationship to be as consistent as possible with that which is created herein; if this Agreement is not so amended in writing prior to the effective date of said prohibition, restriction, or change, either party may terminate this Agreement upon advance written notice to the other party. (j) Corporate Authority. Each party represents and warrants that it has the requisite corporate power and authority to enter into this Agreement, to engage the other in the performance set forth herein, and to perform its obligations hereunder. The execution, delivery and performance by each party of this Agreement have been duly authorized by all requisite corporate action on the part of each party respectively. (k) Publicity. Each party shall request prior written approval for any advertising, written sales promotions, tours, press releases and other publicity matters relating to this Agreement or in which the other party's name is mentioned. However, either party may, without prior written approval of the other party, include the other party's name and a factual description of the work performed under this Agreement in its lists of references and in the experience section of proposals to third parties, in intemal business planning documents, in its annual report to shareholders, and whenever required for legal, accounting or regulatory purposes. (I) Agreement Structure. This the parties and eachAgreementarm's of the parties has agreed to the use of the particular language nth s Agreement tionThe betweenparties 9 further acknowledge that any questions of doubtful or unclear interpretations are not to be resolved by any rule or interpretation against the drafters, and that each party has participated in drafting this Agreement. Accordingly, this Agreement is to be construed without regard to the party or parties responsible for its drafting or preparation. (m) Counterparts. This Agreement may be executed in counterparts and delivered to each of the parties by facsimile. Facsimile, photocopy, or electronic signatures are deemed an original instrument, but all such counterparts taken together constitute on and the same agreement. IN WITNESS WHEREOF, the parties have agreed to this Agreement as of the Effective Date in the preamble. Concentra Health Services, Inc. Company: Signature: Client Signature: Title: Date: Client Title: Date: 10 EXHIBIT A SCOPE OF WORK rsowl 1. Location. Services provided at the followin . location: r tt fvo :41•1t g+ 2. Statement of Work. Occupational Health • Work-related injury and illness assessment ■ Examination and Management o DOT Physical o General Physicals • Medication and Injections ■ Laboratory Collection • Special Testing - Diagnostic: o Audiogram Acute Episodic Care • Common Illnesses • Upper Respiratory Infections • Headaches • Sore throats Primary Care • Medical Home • Chronic Disease Management • Routine Annual Exams and Screenings • Prescription Management ■ Preventive Care Travel Medicine Pharmacy Physical Therapy • Injury Evaluations • Job Specific Injury Care • Modalities Ancillary Services • Massage Therapy • Chiropractic Athletic Trainer Certified. • Basic Workplace Assessments • Design and Develop Retum-to-Work Programs • Ergonomic Assessments Wellness • Health Risk Assessment • Biometric Screening • Health Fairs 11 o Pulmonary function o Respirator fit • Drug and Alcohol Screens o Breath alcohol o Drug screens • Assessments o Injury Prevention Training o Ergonomic Assessments o Job Analysis • Sprains/strains/lacerations • Gastrointestinal complaints ■ Rashes • Urinary Tract Infection • Care Coordination • Lifestyle Medicine • Lab Draws • Immunizations • Manual Therapy • Therapeutic Exercises • Acupuncture • Prevention Strategies Associated With Body Mechanics • Stretching Programs • First Aid • Health Coach — Telephonic • Health Coach — Onsite i 3. Staffing: Concentra agrees to provide the following staff: Physician Oversight Center Medical Director Physician(s) Nurse Practitioner (NP) Physician Assistant (PA) Pharmacist Registered Nurse (RN) Cert. Occ Health Nurse (COHN) Licensed Practical Nurse (LPN) Medical Assistant (MA) EMT Physical Therapist (PT) Registered Dietitian Front Office Lead Back Office Lead Center Operations Director (COD) Health Coach 4. Hours of Operation: FTE Count Hours Per Week FTE Count Hours Per Week t 'The hours of operation set forth in this Exhibit Aare the general hours the Onsite Center will be open. Specific services may be offered at various times within the hours of operation as agreed to by the parties in writing and as adjusted from time to time. rida Saturda , Sunda 5. Holida 6. Eligible Participants: Employees Dependents Children (2-12 years old) Retirees Independent Contractors 7. Costs to Patients for Services at Onsite Co -Pay. Concentra will collect in advance the co-pay/insurance of $_ due for the Services provided. Third-PartyNil/inq. If there is any third -party billing provided Processing Fees All collected monies will be credited to the Client, less the $8.00 per patient processing fees. 8. Electronic Medical Records 12 New Year's Day ❑ Staffed Memorial Day 0 Staffed Independence Day ❑ Staffed Labor Day ■ Staffed Thanksgiving Day 1 Staffed Christmas Day ❑ Staffed 6. Eligible Participants: Employees Dependents Children (2-12 years old) Retirees Independent Contractors 7. Costs to Patients for Services at Onsite Co -Pay. Concentra will collect in advance the co-pay/insurance of $_ due for the Services provided. Third-PartyNil/inq. If there is any third -party billing provided Processing Fees All collected monies will be credited to the Client, less the $8.00 per patient processing fees. 8. Electronic Medical Records 12 13 102 EXHIBIT B PROGRAM FEE' fFEES"1 (01141W IMO Equipment & Supplies Technology/Software Licenses Travel Health Implementation Implementation Fee TOTAL START-UP COSTS Position Hour! y Monthly Annual fee Physician Oversight Center Medical Director Physician(s) Nurse Practitioner (NP) Physician Assistant (PA) Pharmacist Registered Nurse (RN) Cert Occ Health Nurse (COHN) Licensed Practical Nurse(LPN) Medical Assistant (MA) EMT Physical Therapist (PT) Registered Dietitian Front Office Lead Back Office Lead Center Operations Director (COD) TOTAL LABOR COSTS Clinical/Admin/Supplies Technology Fee Travel Health G&A Fee • Management Fee TOTAL ONGOING COSTS ESTIMATED YEAR 1 COSTS• • The table above is based on current estimates of scope and volume. Any scope or volume changes may require additional Fees • The actual implementation costs for supply and equipment cost vnll be dependent upon the facility size and configuration • Staffing will begin up to thirty (30) days prior to the Onsite Center opening and will be billed as incurred 14 Does not indude overtime, supplemental pay, holiday pay, on cat pay. or bonuses for Concentra personnel, whether requested by Client or deemed medically or operationally necessary for patient care wit be billed at current standard apptcable rates • Any mandatory re.certificalions necessary to stay in compliance (CAOHC, BAT, UDS, DOT, etc.), and any travel related to this ongoing training will be passed through to Client as incurred • Please note the amounts applied for requiting are estimated, actual cost may vary and estimate does not include placement cost from a resurling agency. If deemed necessary, will be passed through to Client at cost • Includes standard quarterly stewardship reporting. Any ad hoc reporting will be billed on a time and materials basis at 5185 per hour • Concentra mil hill labor, technology, and management fees to the District as a Oat monthly fee at 1/12 MIN annual rate. All other costs will be passed through as incurred. Our standard payment terms are net thirty (30) days. 15 EXHIBIT C INFORMATION SYSTEMS AND TECHNOLOGY 1. Concentra will provide, install, configure, manage and support all equipment and dinical software systems used by Concentra Personnel, and will be responsible for appropriate training therewith. Concentra will be responsible for an licensing, maintenance, scanty, and support of any workstations, equipment, and service required for intemet connectivity as follows: a. Connectivity: Applications require a fun separate Concentra network and will be installed. Concentra will provide an Internet T1 or greater connection for the Concentra applications and hardware. Client is responsible for the extension of the DEMARC (carrier hands off the circuit to Concentra) into the Onsite Center. Client will provide a furry network communication wired facility, induding ethernet drop points located in the ceiling for wireless access points, if applicable. Client will provide a labeled patch panel within two (2) feet of the network rade location. If Client desires to utilize ils existrg intemet connection which is dedicated to the Onsite Center, then Concentra shall install a security/network appliance (the ARUBA RAP) to oleate a secure IP sec VPN tunnel connection connecting to the Concentra network through the Client intemet in oder to connect to the required software applications to perform the Seances. Client assumes primary responsibdty for network performance and operation that impacts the Concentra Services at the Onsite Center. Client assumes responsibility for any data breathes on hs own network. b. Network/Electrical: The Onsite Center will include network and electrical pats above workspace counters in accordance with Concentra's specifications. If ports are located below workspace counter, Client will provide corresponcfng holes to drop device cables. fi Network drops are to be dearly identified and labeled with port numbers correlating with the patch panel. M. Two (2) network ports per device and two eledrical and network ports are to be no more than sixteen (16) inches apart and must be located greater than sixteen (16) inches from a water source (sink). iv. Adequate number of eledrical/network ports: Four (4) network ports per device and two (2) electrical outlets per workstation (1 workstation = 4 network ports and 2 electrical outlets). c. Space: Concentra will recommend the locations for all network ports based on hardware installation needs. determined either by site visit and/or clinic dagram(s). I. Administrative workspaces must have adequate space to accommodate the following equipment PC, monitor, keyboard, printer, scanner, and mouse, as well as space for the user to work. At a minimum, each administrative workspace shall be 28 inches (28') high, two feet (2') deep. and six feet (6') long. o. Exam rooms must have available empty wall space at least 24 inches (24') wide, floor to ceiling, containing network and electrical ports for wall- mounted workstations. tri. It is recommended that the network and electric ports be no more than four feet (4') away from any workstation space in order to use standard network cables and surge protectors as priced. d. Telecommunications: Client will provide all hardware and software for an Onsile Center phone system and IT support for the phone system. Further. Client will provide at a minimum the following items: • Separate phone and facsimile lines • Dedicated phone line for credit card machine for payment collection • Ability to transfer to any phone • internal Ines — select Concentra Personnel • Voice Mail — select lines e. Disposition Upon Termination: Upon termination of this Agreement, Concentra will retain an Concentra armed equipmentlhardware However, Client and Concentra may agree that such Dghal X-ray equipment (the 'X-ray') previously deployed to the Onsite Center is retained by the Client The X-ray and the accompanying CR PC will remain with the Client and Concentra will dispatch a third -party vender to the Onsite to regmage the CR PC and reload associated medial data to the device before final turnover of the X-ray tothe Client 2. Client will provide. install, configure, manage and support all equipment and clinical software systems used by Concentra Personnel, in sufficient quantities and locations as to accommodate the needs of Concentra Personnel, after consultation wdh Concentra, and will be responsible for appropriate training therewith. Client will be responsible for an licensing, maintenance, security and support of each workstation, equipment and service. Without limiting the foregoing, the parties shall provide as follows: a. Access: Client will provide Concentra personnel Internet connectivity through a Concentra workstation to access Concentra general corporate appicalons (including, but not failed to, timekeeping, email, and training). Client IT win whilelist htlpsilchsapps.concentra.com One gateway to Concentra's Citrix environment and other URLs as identified by Concentra as needed b. Equipment Concentra will provide hardware for one workstation (one personal computer and printer) for access to Concentra general corporate applications. c. Telecommunications: Client will provide all hardware and software for the Onsite Center phone system and IT support for the phone system. Further. Client will provide at a minimum the following items: • Separate phone and facsimile lines • Dedicated phone One for credit card machine for payment collection • Ability to transfer to any phone • Internal lines —select Concentra Personnel • Voice Mail — select lines d. Termination.Upon termination of this Agreement Concentra wi retain an Concentra.suppied IT equipment. 16 EXHIBIT D ONSITE CENTER SET-UP/PREMISES Client shall be responsible for the following, at its sole expense: ■ Client shall provide adequate and appropriate office and clinic space for medical services. Client shall provide written specifications for the Onsite Center, induding, at a minimum, the Onsile Center size, location, and layout. • If Client has an existing Onsite Center facility, then Client shall provide Concentra full access to such facility at least sixty (60) days prior to the Anticipated Open for Business Date to inspect the premises and determine if the facility meets Concentra's specifications to perform the Services and security requirements. Client shall be solely responsible for any required updates, upgrades, replacement systems, or medical equipment as may be necessary to perform the Services. • Client shall ensure that the Onsite Center meets all applicable federal, state, and local laws, regulations, rules, and codes related to the premises, including but not limited to zoning, land use, and land development ordinances, occupancy rules, and building and construction codes. Client must also ensure that the Onsite Center meets Concentra's written specifications; ■ Client must maintain the Onsite Center in good repair and working order and in compliance with Concentra's service standards (including, but not limited to, its interior, exterior, structure, and roof) and maintained in a safe and workman like condition. Without limiting the generality of the foregoing requirement, and by way of specific example only, Client shall keep the Onsite Center free of debris, ice, snow; ■ Client shall provide utilities (including electricity, water, heat, plumbing, and air conditioning), janitorial service, and other services in conformance with the written specifications provided to Concentra by Client • In the event any hazardous substance is discovered at any time in, under, or about the Onsite Center in violation of applicable law during the Terni then, provided such hazardous substance was not introduced into the Onsite Center by Concentra, Client will, at Client's expense, remove and dispose of such hazardous substance in accordance with applicable law and shall indemnify and hold harmless Concentra from and against any action under any federal, state, or local environmental law for the same. • Failure of Client to meet any provision of this Exhibit D shall be considered a breach of the Agreement. 17 EXHIBIT E MARKETING AND COMMUNICATION TBD EXHIBIT F PERFORMANCE GUARANTEES TBD 18 EXHIBIT G INSURANCE Concentra shall maintain, throughout the Term of this Agreement, at its sole expense, professional liability insurance coverage, or adequate self-insurance, with limits of not less than one million dollars ($1,000,000) per occurrence and three million dollars ($3,000,000) annual aggregate. Where applicable, limits shall be in accordance with the Patient Compensation Fund Guidelines. Commercial General Liability Coverage: $1,000,000 per occurrence $3,000,000 general aggregate Concentra will extend Additional Insured status to Client as it relates to Services provided per written agreement. Automobile Liability Coverage: $2,000,000 combined single limit Concentra will extend Additional Insured status to Clients as it relates to Services provided per written agreement. Workers' Compensation Coverage: 1. Applicable state-mandated coverage; 2. Employer's liability coverage at the following amounts: a. Each accident $1,000,000 b. Disease (each employee): $1,000,000 c. Disease (policy limit): $1,000,000 19 EXHIBIT H ONSITE EQUIPMENT AND BUILD-OUT /DESIGN REQUIREMENTS TBD 20 EXHIBIT I SECURITY STANDARDS 1. Best Practices. a. Client shall adhere to commercially reasonable best practice standards related to information security. b. Client shall secure access to Client offices. c. Client shall provide periodic and mandatory Information Security training and awareness to its permitted employees and permitted subcontractors (colectively'Personner). d. Client shall limit access to information to the minimum necessary dataset required to accomplish the intended purpose or use. 2. Security Policy. a. Client shall develop and maintain a comprehensive Information Security Policy ('Policy'). Said Policy shall be reviewed whenever there is a material change in practices and not less than annually. b. Client shall have a designated employee or group of employees who shall maintain said Policy. c. Client shall monitor their Policy to ensure that the program described therein is operating in a manner reasonably calculated to prevent unauthorized access. 3. Access Control. a Client shall ensure that passwords are terminated upon the removal of Personnel from provision of the Services for any reason. b. Client shall nol permit access to Information via unsecured Wi-Fi IEEE802.11x wireless technology or any other unsecured wireless technology. c. Client shall appropriately secure Information or data to prevent any physical access by unauthorized users. d. Client shall control access to Information or data in a manner which prevents any access by unauthorized users. 4. Enterprise Vulnerability Management rEVM1, a. Client shall adhere to commercially reasonable best practice standards for patch management criticality ranking and patching lime frame requirements for all IT systems, switches, routers, appliances, servers, and workstation PC's. b. Client shall ensure that trusted, commercially available anti-virus software is installed, enabled, and kept current on all Client servers and PC's used in accessing, processing, transmitting, or storing, Information. c. Client shall implement trusted, commercially available, up-to-date spyware protection on all Client PC's used for accessing, processing, transmitting, or storing Information. 5. Transmission Security. a. Client shall encrypt all data, records, and files containing Information that will be transmitted wirelessly across public networks. b. Client shall require all transmissions of PHI to be secure and encrypted, including but not limited to: e-mail, web -mail, Blackberry e- mail and other mobile device e-mail, FTP, chat and instant messaging, and web services. 6. Device and Media Control. a Client shall properly dispose of any storage media containing PHI or Information, including those found in Multi -Function Devices, by purge ('Purge') or destroy ('Destroy) as those terms are defined in the National Institute of Standards and Technology ('NIST') Special Publication 80088, per all standards therein. For purposes of this section, the terms 'Multi -Function Devices' means an office machine which incorporates the functionality of multiple devices in one. Examples include a combination of some or all of the following services: printing, scanning, photocopying, faxing, and/or emaiting. b. Client shall implement encryption of any built-in or removable storage media in any Client controlled PC or other portable devices which may access, store, transmit or process Information. 21 Conten gra City of Corpus Christi, TX ♦ RFP No. 103 Employer-sponsored Wellness Clinic Technical Proposal A#tp+rhment C Certificate of Insurance March 14, 2016 Attachments AC— KL' CERTIFICATE OF LIABILITY INSURANCE DATE(MMIODIYYYY) 3/2/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. HOLDER. THIS BY THE POLICIES AUTHORIZED IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER The Graham Company The Graham Building 1 Penn Square West NCAMEACT Purcell Unit PHONE 'aril Frt)• 215-567-6300 FAX Net 215-525-0243 E-MAIL PURCELL_UNIT@grahamco.com ADDRESS* Philadelphia PA 19102- INSURER(S) AFFORDING COVERAGE NAIC 8 INSURER A:Columbia Casualty Company 31127 INSURED CONCGRO-01 Concentra Health Services, Inc. c/o Select Medical Corporation 4716 Old Gettysburg Rd. Mechanicsburg PA 17055 rnvconr-ee ..'-...r.I..... __ .... --- INSURER B:Liberty Insurance Corporation 42404 INSURER c :American Guarantee & Liability 26247 INSURER0:Liberty Mutual Fire Insurance Compa 23035 INSURER E :Allied World Assurance Company, Ltd INSURER F : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUREREVISION NUMBER: D NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR A D A 8 B C E TYPE OF INSURANCE ADUL INSD SUbk WVD POUCY NUMBER x COMMERCIAL GENERAL LIABIUTY CLAIMS -MADE n OCCUR X Professional Lia X $1 M Claim/33M Ala GEN'L AGGREGATE LIMIT APPLIES PER. X POLICY n JE T1-1 LOC OTHER: Y Y HAZ 4032244581 POUCY EFF IMM/DD/YYYYI 6/1/2015 POUCY EXP IMMIDD/YYYY) 6/1/2016 EACH OCCURRENCE OMITS DAMAGE TO RENTED PREMISES (Ea occurrence) 51,000,000 5300,000 MED EXP (Any one person) $ PERSONAL S ADV INJURY 31,000,000 GENERAL AGGREGATE 53,000,000 PRODUCTS - COMP/OP AGG 53,000,000 AUTOMOBILE LIABILITY X ANY AUTO AALLL,rOSVNED O HIRED AUTOS X UMBRELLA LIAR EXCESS UAB Y SCHEDULEDMOT-OWNED AUTOS Y AS2-631-510199.035 6/1/2015 6/1/2016 COMBINED SINGLE UMIT (Eaacdden0 $ $2,000,000 BODILY INJURY (Per person) S BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) S S S OCCUR CLAIMS•MADE DED X RETENT ON 52,000,000 WORKERS COMPENSATION AND EMPLOYERS' UABIUTY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below HMC 4032235752 6/1/2015 6/1/2016 EACH OCCURRENCE 510,000,000 AGGREGATE 510,000,000 YIN N/A Y WA7-63D-510199.015 WC2-631-510199.025 6/1/2015 6/1/2015 6/1/2016 6/1/2016 X PER ER 5 E.L. EACH ACCIDENT 51,000,000 E.L. DISEASE - EA EMPLOYEE 51,000,000 Property Excess Liability ZMD0119116-00 CO23701-001 6/1/2015 6/1/2015 611/2016 6/1/2016 E.L. DISEASE - POLICY LIMIT 51,000,000 SEE BELOW 310M Each Occurrence S10M Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS !VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more spare Is required) UMBRELLA LIABILITY COVERAGE includes Excess General Liability on an Occurrence Basis and Excess Professional Liability on a Claims Made Basis. Both Coverages are excess of a $2,000,000 Self -Insured Retention each Occurrence/Claim subject to a $10,000,000 Aggregate. PROFESSIONAL LIABILITY COVERAGE includes Case Management Services including the rendering of case management or utilization review performed by insured for others. See Attached... CERTIFICATE HOLDER CANCELLATION CITY OF CORPUS CHRISTI, TX PO BOX 9277 ATTN: RISK MANAGER CORPUS CHRISTI TX 78469-9277 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ACOREP AGENCY The Graham Company AGENCY CUSTOMER ID: CONCGRO-01 LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 POLICY NUMBER CARRIER ADDITIONAL REMARKS I NAIC CODE NAMED INSURED Concentra Health Services, Inc. c/o Select Medical Corporation 4716 Old Gettysburg Rd. Mechanicsburg PA 17055 EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE NDIANA PHYSICIAN PROFESSIONAL LIABILITY COVERAGE - Continental Casualty Company - Policy #HAZ 4032244595; Effective ./1/2015-2016 - $250,000 Each Medical Incident/$750,000 Aggregate Per Insured or Surgeon NSAS PHYSICIAN PROFESSIONAL LIABILITY COVERAGE - Continental Casualty Company - Policy #HAZ 4032244600; Effective ./1/2015-2016 - $200,000 Each Medical Incident/$600,000 Aggregate Per Insured or Surgeon OUISIANA PHYSICIAN PROFESSIONAL LIABILITY COVERAGE - Columbia Casualty Company - Policy #HAZ 4032244614; Effective •/1/2015-2016 - $100,000 Each Medical Incident/$300,000 Aggregate Per Insured or Surgeon EBRASKA PHYSICIAN PROFESSIONAL LIABILITY COVERAGE - Columbia Casualty Company - Policy #HAZ 4032244628, Effective •/1/2015-2016 - $200,000 Each Medical Incident/$600,000 Aggregate Per Insured or Surgeon ENNSYLVANIA PHYSICIAN PROFESSIONAL LIABILITY COVERAGE - Columbia Casualty Company - Policy #HAZ 4032244631; ffective 6/1/2015-2016 - $500,000 Each Medical Incident/$1,500,000 Aggregate Per Insured or Surgeon SCONSIN PHYSICIAN PROFESSIONAL LIABILITY COVERAGE - Continental Casualty Company - Policy #HAZ 4032244659; Effective •/1/2015-2016 - $1,000,000 Each Medical Incident/$3,000,000 Aggregate Per Insured or Surgeon ROPERTY COVERAGE: Risk of Physical Loss or Damage to Covered Property subject to policy terms and conditions. ORKERS COMPENSATION - Occupational Health Centers of California, A Medical Corporation - Policy #WA7-63D-510199-045; Effective: /1/2015-2016 ORKERS COMPENSATION - Occupational Health Centers of Southwest, P.A. - Policy #WA7-63D-510199-055 and C7-631-510199-065; Effective: 6/1/2015-2016 DDITIONAL WORKERS COMPENSATION POLICIES: HC of Arkansas — Policy #WC7-631-510199-075; Effective: 6/1/2015-2016 HC of Southwest (AZ/UT) — Policy #WC2-631-510199-115; Effective: 6/1/2015-2016 HC of Delaware — Policy #WC2-631-510199-105; Effective: 6/1/2015-2016 FIC of Georgia/Hawaii — Policy #WC2-631-510199-175; Effective: 6/1/2015-2016 • HC of Illinois — Policy #WC2-631-510199-195; Effective: 6/1/2015-2016 HC of Louisiana — Policy #WC2-631-510199-095; Effective: 6/1/2015-2016 HC of Michigan — Policy #WC2-631-510199-185; Effective: 6/1/2015-2016 HC of Nebraska — Policy #WC2-631-510199-145; Effective: 6/1/2015-2016 HC of New Jersey — Policy #WC2-631-510199-135; Effective: 6/1/2015-2016 HC of North Carolina — Policy #WC7-631-510199-085; Effective: 6/1/2015-2016 HC of Southwest (KS) — Policy herapy Centers of Southwest 1,1 PA (OR)3PPolicy #WC2- 3151019ctive: 9 165; Effective; 6/1/15-2016 herapy Centers of South Carolina, PA - Policy #WC2-631-510199-155; Effective; 6/1/15-2016 overage is provided for all medical professionals employed or contracted by the above Named Insured, only while working for or on behalf of he above Named Insured. E: CHS IS BIDDING ON AN RFP TO PROVIDE ONSITE MEDICAL SERVICES UNDER # 103. ERTIFICATE HOLDER IS AN ADDITIONAL INSURED ON A PRIMARY AND NON-CONTRIBUTORY BASIS ON THE GENERAL (ABILITY AND AUTOMOBILE LIABILITY COVERAGES IF REQUIRED BY WRITTEN CONTRACT. RIOR TO A LOSS AND IF REQUIRED BY WRITTEN CONTRACT, WAIVER OF SUBROGATION IS PROVIDED IN FAVOR OF THE ERTIFICATE HOLDER ON THE GENERAL LIABILITY, AUTOMOBILE LIABILITY AND WORKERS COMPENSATION COVERAGES IF ERMITTED BY STATE LAW. CORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Concentra City of Corpus Christi, TX ♦ RFP No. 103 Employer-sponsored Wellness Clinic Technical Proposal Attachment Sample Performance Guarantees RAn...{, 1 A .1111C COncen;ra6 City of Corpus Christi, TX ♦ RFP No. 103 Employer-sponsored Wellness Clinic Technical Proposal Performance Guarantees The table below outlines examples of performance guarantees we can offer the City and is provided for informational purposes only, actual performance standards and metrics will be mutually agreed upon by Concentra and the City. SAMPLE *Performance Guarantee Program * (For Informational Purposes Only) Performance Guarantee Category. 1. Clinic Utilization Operations % of eligible patient types visited clinic. % utilization = # patients visit clinic/ # eligible participants in target population 2. Patient Net Promoter Satisfaction Question from Patient Satisfaction Survey: Score (NPS) How likely would you be to recommend this worksite to your co-workers? With scale 0- 10. 3. Net Patient Experience Satisfaction Rating (NPER) 4. Wait Time Communication 5. Wait Time NPS = % Promoters (score of 9 or 10) - % Detractors (score 0-6). Question from Patient Satisfaction Survey: How satisfied were you with today's visit? With scale 0-10. NPER = % Promoters (score of 9-10) - % detractors (score 0-6). Satisfaction Patient advised of wait time, if wait time existed. Satisfaction % of patients to be seen within a certain time period Concert .Ca" City of Corpus Christi, TX r RFP No. 103 Employer-sponsored Wellness Clinic Technical Proposal Sample Report March 14, 2016 Attachments Employer Name Period for: Jan 01, 2015 - Dec 31, 2015 Agenda 3 Program Summary 4 Engagement 5 i. Eligibility 5 ii. Participation 6 iii. Visit Details 9 iv. Satisfaction 15 a. Patient Comments 17 Clinical Overview 18 i. Occupational Medicine 18 ii. Primary/Urgent Care 20 a. Risk Factors 20 b. Diagnosis 24 iii. Pharmacy 27 Wellness i. Health Management Financials i. ROI 28 28 29 29 Recommendations/Next Steps 30 This report was printed on Feb 01, 2016 Concen Lra Confidential and Proprietary lc) Concentra Inc. All rights reserved 1r Agenda Date: Feb 2, 2016 Time: 1:30 — 3:30 pm Location: Dallas, TX Attendees: Employer: Concentra: Agenda 1. Onsite Program Review 2. Clinician Recruitment 3. Wellness Programs 4. Telemedicine Employer Name Period for: Jan 01, 2015 - Dec 31, 2015 ARI Program Summary Employer Name Period for: Jan 01, 2015 - Dec 31, 2015 Program Goals The program goals for the reporting period are listed in this section. They can focus on a variety of topics from staffing needs, to increasing utilization, to adding new programs. Engagement This section provides an overview of the program successes for the reporting period, including events and initiatives that took place during the time period. Clinical Overview This section provides a summary of the clinical data and outcomes. Care Stories Included here are some patient success stories. Employer Name Period for: Jan 01, 2015 - Dec 31, 2015 Eligibility information is obtained directly from eligibility data you have provided. Depending on this data, it may include the total population, rather than site-specific sub -groups. P Current - Current period for which the report was created t. Eligibility by Gender and Age Group Prior - Same time period as the current but for the prior year Under 5 171 188 -9.0% 162 168 .3.6% 333 5 -17 593 639 -7.2% 574 621 -7.6% 1167 18.24 427 437 -2.3% 474 490 -3.3% 901 25 - 34 568 615 -7.61 639 704 -9.2% 1207 35 .44 495 515 -3.9% 458 505 -9.3% 953 45 - 54 464 491 5.51 496 523 5.21 960 55 - 64 415 426 -2.61 436 452 -3.5% 051 65+ 301 306 -1.61 300 303 -1.0% 601 Total 3434 3617 5.11 3539 3766 -6.0% 6973 25% 20% 15% 10% 5% 0% 2.5% 2.3111 )N='12.1 8.5 ` 8.2% 22.5% Con ran ,r 19.7% Eligibility by Gender and Age Group 6.8% G.1% 8.100 9.2% 7.1 6.6`, 6.7': 7.1 6.0 a (11 6. bb Eligibility by Gender and Coverage Type 20.6% O6 24.0% aec denhal . nd Pio ri t r1 (c) Cc r :entra 3n , Ail ri- hi5 r se red 6.1% 6.3 356 1260 927 1319 1020 1014 878 609 7383 4.3 1.3 7.1% .6.5% -7.4% -2.8% -8.5% 46.6% 5.3% -3.1% -1.3% 5.6% Jim L ii` Engagement Employer Name Period for: Jan 01, 2015 - Dec 31, 2015 Program participation helps measure employee engagement over time. Knowing who typically uses your onsite center, and who doesn't, helps identify programs that may need to be changed, or demographic groups that may need additional targeting effort. Participation by Gender and Age Group Male 1 Female Total Under 5-17 18 - 24 25.34 35 .44 45 -54 55 64 65+ Total 30% 20% 10°. 0% Current Prior % Change 26.8% 2 156 132 236 208 218 165 49 1166 1 143 123 233 257 261 206 54 1278 100.0', 9.1% 7.3% 1.3% -19.1 % -16.5% -19.9% 9.3% -8.8% Current 2 142 192 285 224 255 185 49 1334 Prior 0 130 131 292 230 275 229 74 1361 0.0% 9.2% 46.6% -2.4% -2.69. -7.39. -19.29. 33.8°. -2.0% Participation by Gender and Age Group T.? 4.4'- pAQ 28.5% 8.3 9A'. 8 Participation by Gender and Coverage Type 12.2% 15.2% c� a� 0 el° 10.2?. Cnncpn tra Confidential and Proorietary (c) Concentra Inc At rights reser=, Current 4 298 324 521 432 473 350 98 2500 6.6 4,- 7, 1 7.6% MOE go - Prior 1 273 254 525 487 536 435 128 2639 2.0. % Change 9.6% 300.0% 92% 27.6% -11.3% -11.8% -19.5'A -23.49: 5.3'A Employer Name Period for: Jan 01, 2015 - Dec 31, 2015 This section delivers an overview of this quarter's utilization at the onsite center. Target Population Demographics Target Population # of Participants % Participants Average Age of Participants Under5 5-17 18-24 25 - 34 35 - 44 45 - 54 55 - 64 65 + Male 3,434 1,166 34.0% 38 0.2% 13.4% 11.3% 20.2% 17.8% 18.7% 14.2% 4.2% Target Population Utilization 3,539 1,334 37.7% 37 0.1 % 10.6% 14.4% 21.4% 16.8% 19.1% 13.9% 3.7% Total 6,973 2,500 35.9% 37 0.2% 11.9% 13.0% 20.8% 17.3% 18.9% 14.0% 3.9 % Li Utilization 35.9% Non -Utilization 64.2°" Employer Name Period for: Jan 01, 2015 - Dec 31, 2015 Using the eligibility data you provided, we have summarized center utilization by office location. You can identify the locations with the highest rate of utilization. Location Employer Location Overall Total L unC n Lrai Participation by Office Location Coverage T •e Dependent Employee Pending # Participants 687 1381 432 2500 Target Po ulation 3113 2942 918 6973 Participation % 22.1% 46.9 47.1 °o 35.9% Cann .rMILrrn: 1,rc cTricellrra inc. ilrrignis reserved. n.swibs• t Emnployerr Name Period for: Jan 01, 2015 - Dec 31, 2015 Reviewing encounter patterns helps drive program refinement, center staffing, and service offerings to maximize utilization. 1000 500 0 2000 Occupational Medicine 1500 1481 Primary Care Urgent Care Wellness 1000 825 665 683 500 498 346 439 139220 45 164 185 128 147 143 220 0 [El — El c: ED El 626 631 528 180 164 185 L Encounters by Service Type Current Occupational Medicine 664 749 Primary Care Urgent Care 559 565 Wellness 426 178 190 205 186 227 0- & 0- fltk Prior Service Type Occupational Medicine Primary Care Urgent Care Wellness Physical Therapy Other Totals Total Encounters for Reporting Period 741 11.8% 2670 42.6% 2078 33.2% 774 12.4% 0 0.0% 0 0.0% Prior fl 574 1503 3654 597 Prior % 9.1% 23.8% 57.7% 9.4 °l0 0 0.0% 0 0.0% % Change 29.1% 77.6% 43.1% 29.6°.4 0 0 6263 100.0% 6328 100.0% -1.0% Encounter – An interaction between a patient and a center staff member.' There may be multiple encounters within one visit. Confidential and Proarin_tar,; (c) Concentra Inc. All rights rese ved. it Engagement 10Sit Details Employer Name Period for: Jan 01, 2015 - Dec 31, 2015 Understanding how your employees use the center helps you refine your program and service offerings to drive engagement. 1000 500 423 Visits by Service Type Current El Occupational Medicine 748 Primary Care 621 629 659 Urgent Care 526 558 563 E Wellness 172 178 184 181 0. 20 47 41 D 0- 0'L 0'3 Ob 93 D 2000 Prior Occupational Medicine 1500 1472 Primary Care Urgent Care fl Wellness 1000 819 660 679 500 491 342 434 218158 123 0 ® 30Mr 33 27 26 Service Type Occupational Medicine Primary Care Urgent Care Wellness Physical Therapy Other Totals Total Visits for Reporting Period Current # 715 2657 2070 201 Current % 12.7% 47.1% 36.7% 3.6% 0 0.0% 0 0.0% Prior # 548 1485 3630 116 Prior % 9.5% 25.7% 62.8% 2.0% 0 0.0% 0 0.0% % Change 30.5% 78.9% -43.0% 73.3% 0 0 5643 100.0% 5779 100.0% -2.4% Visit —Any number or combination of service encounters rendered to a unique patient in a calendar day. n runts _ r� rnnfirinntial anti Prnnriornn. i, -i Employer Name %' Period for: Jan 01, 2015 - Dec 31, 2015 Tracking new patients and first-time visitors to the center is an important part of measuring engagement, as it helps determine the effectiveness of your outreach programs. 2.0 1.5 1.0 0.5 0.0 1.3 160 140 120 100 80 60 40 20 0 81 Cnnrpp Ira 1.7 99 Average Visits Per Patient by Visit Type 1.8 1.4 First Time Patients 86 117 11 106 Total First Time Patients = 876 128 Confidential and Proprietary (cl Concentra Inc. All riphts reserved. 1.8 a 136 as Current Prior 123 Employer Name Period for: Jan 01, 2015 - Dec 31, 2015 Identifying trends in utilization by time and day of the week helps you establish expectations around when your employees use the center, and how staffing may need to be adjusted accordingly. 30 2i! 24.6 22.5 23.2 20 10 0 1 Day Before 8 AM Mon Tue Wed Thu Fri Sat Sun 80 60°6 40% 20% 0 °'o 70.4% Mon _. oncenrfra 4.1 0.0 0.1 0.1 3.0 0.0 0.0 Average Visits by Day of Week 28.0 25.4 17.2 17.4 17.0 18.1 1 0.0 0.0 0.0 0.0 maw •*‘ Average Visits by Day and Time 8 AM to 11:59 AM 40.9% 59.1% Tue 13.5 9.4 12.2 8.2 9.1 0.0 0.0 12 PMto5 PM 7.4 12.3 11.6 8.2 4.8 0.0 0.0 After 5 PM Visit Trends by AM and PM 0.0 1.3 1.3 0.6 0.0 0.0 0.0 Unknown Time 0.3 0.3 0.3 0.1 0.1 0.0 0.0 Current Prior Average by Da 25.3 23.2 25.4 17.2 17.0 0.0 0.0 EI AM Midnight - 11:59 am PM Noon - 11:59 pm 71.4% 48.9% 51.1% 48.6°/° 51.4°f° 28.6% 0.0% 0.0% 0.0% 0.0% Wed Thu Fri Sat Sun Confidential and Proprietary (ci Concentra Inc. All rhts reserved Enga Visit Details Employer Name Period for: Jan 01, 2015 - Dec 31, 2015 Understanding how long your employees are typically at the center helps you drive expectations with their departments and managers regarding time away from work. Employees spend much Tess time away from work when they can visit a center onsite instead of traveling to see a local clinician. Wait Time Sign -in to Check-in a _ JO 35 30 25 20 15 10 5 0. 30 0' Total Time Sign -in to Check-out GO 50 40 30 7.20 10 0 oQ 39 42 6 Average Total Visit Time and Wait Time 34 8 Average Total Time in Clinic by Visit Type 29 34 30 33 27 Ga�e. ey e Jig Total Visit Time Wait Tinie 51 111 Current Prior 5000 4599 Patient Wait Times Employer Name Period for: Jan 01, 2015 - Dec 31, 2015 4000 4010 ° 3000 2000 1000 1096 410 553 537 1 0 67 11 3 1.11108 23 5 a c •oc * Wait Time Not Applicable —This usually indicates a health coaching lunch and learn session, offsite screening, vaccination, or services provided during special events. Minutes • 0 15 16 - 30 31 45 46.60 > GO E. Wait Time Not Applicable Cumulative Wait Time by Patient — The total percentage of patients who experience a specific wait time. Wait times are typically grouped in `anges, such as 0-15 minutes. Wait Time Minutes Cumulative Wait Time by Patient Current Current # °jo Current Prior # Cumulative % Prior %Prior Cumulative 0 -15 4599 81.5% 81.5% 4010 69.4% 16 - 30 410 7.3% 88.8% 537 9.3% 31 - 45 67 1.2% 90.0% 108 1.9% 46 - 60 11 0.2% 90.1% 23 0.4% > 60 3 0.1% 90.2% 5 0.1% Wait Time Not Applicable 553 9.8% 100.0% 1096 19.0% 69.4% 78.7°'o 80.6% 80.9% 81.0% 100.0% Totals 5643 100.0% 100% 5779 100.0% 100% Employer Name Period for: Jan 01, 2015 - Dec 31, 2015 Convenience, economics, culture, quality of care, and quality of service all combine to drive employee satisfaction. Employee satisfaction is one of the most important factors in determining the success of a center. Patients with higher satisfaction scores are more likely to comply with their treatment plans, which can lead to lower absence rates and higher productivity. NPER (Net Patient Experience Rating) measures the patient's satisfaction level with his/her visit to the onsite center. Employer Location YIl Patient Satisfaction Rates by Location NPS (Net Promoter Score) measures the patient's likelihood of recommending the onsite center to another person. Overall Satisfaction Measures Period Current Survey Count 25 Wait Time Communication measures the percentage of patients reporting they were informed of a wait time upon check-in at the onsite center. NPER 97.6% 96.0% Wait Time Communication 96.0% ' r Employer Name Period for: Jan 01, 2015 - Dec 31, 2015 Wait time satisfaction measures a patient's satisfaction level with their expected wait time and collects responses into the categories of "better than expected," "acceptable," and "too long." 80% 70% 60% 50% 40% 30% 20% 10% 0% 68.O% Location Employer Location to Artran. ten Wait Time Satisfaction 28.0% Current Period Current Survey Count 25 4.0% Better Than Ex ' ected 68.0% Better Than Expected E Acceptable Too Long Acceptable 28.0% Too Long 4.0 % Confidential and Pronriotary tri rnnrvnt:A Inr All riahtc rpcprwpri Employer Name Period for: Jan 01, 2015 - Dec 31, 2015 Patient comments from the satisfaction surveys are included in this section. AV* 10411 04,�11i L! c7 Employer Nerve Period for: Jan 01, 2015 - Dec 31, 2015 Understanding the top diagnoses in your workforce can help identify areas needing change such as workplace behaviors and environmental factors. 41. Employer Name Top Diagnoses Prima Dia . nosis Injury And Poisoning - Sprains And Strains Of Joints And Adjacent Muscles Injury And Poisoning - Contusion With Intact Skin Surface Injury And Poisoning - Superficial Injury Endocrine, Nutritional And Metabolic Diseases, And Immunity Disorders - Other Metabolic Disorders And Immunity Disorders Factors Influencing Health Status And Contact With Health Services - Persons With Potential Health Hazards Related To Personal And Family History Diseases Of The Musculoskeletal System And Connective Tissue Arthropathies And Related Disorders Diseases Of The Musculoskeletal System And Connective Tissue - Dorsopathies Injury And Poisoning - Open Wound Of Upper Limb Mental Disorders - Neurotic Disorders, Personality Disorders, And Other Nonpsychotic Mental Disorders Factors Influencing Health Status And Contact With Health Services - Persons Encountering Health Services In Other Circumstances Referral Rates Referral Name Health Coach Referral Physical Therapy Referral Other Specialist Referral Orthopedic Referral Primary Care Physician Referral Others # of Partici • ants 39 % Participants 72.2% 20 37.0% 11 20.4% 9 16.7% 6 11.1% 9 16.7% Count 130 95 57 36 28 16 15 15 11 10 Employer Name Period for: Jan 01, 2015 - Dec 31, 2015 Understanding the top procedure codes used at the center can help identify risks and areas needing change such as workplace behaviors and environmental factors. Top 25 CPT Codes CPT Description 80100 - DRUG SCR QUAL MLT DRUG CLASSES CHROM EA PX 99213 - OFFICE VISIT EST EXPANDED 99204 - OFFICE VISIT NEW DETAILED 99214 -OFFICE VISIT EST DETAILED 99499. UNLIS E/M SVC 90471 - IMADM PRQ ID SUBQ.IM NJXS 1 VACCINE E0230.3 - COLD/HEAT-HOTKOLD KOMPRESS, 8 1/2X11 36415 - COLLJ VEN BLD VNPNXR 99203 - OFFICE VISIT NEW EXPANDED 90715 - TDAP VACCINE 7`GREATERTHAN YR IM 86703 - ANTIBODY HIV-1&HIV-2 SINGLE RESULT 73560 - RADEX KNE 1/2 VIEWS 87340.1 - HEPATITIS B SURFACE ANTIGEN (HBsAg) 72100 - RADEX SPI LUMBOSAC 2/3 VIEWS 80074 - ACUTE HEPATITIS PANEL 73562 - RADEX KNE 3 VIEWS 87340 - IAAD EIA HEPATITIS B SURFACE ANTIGEN 73030 - RADEX SHO COMPL MINIMUM 2 VIEWS 86706 - HEPATITIS B SURF ANTIBODY HBSAB E0230.2 - COLD;HEAT-HOT/KOLD KOMPRESS, 5X10 73600 - RADEX ANKLE 2 VIEWS 90746 - HEPATITIS B VACCINE ADULT DOSAGE INTRAMUSCULAR 80053 - COMPREHENSIVE METABOLIC PANEL 80076 - HEPATC FUNCJ PANEL 73620 - RADEX FOOT 2 VIEWS Others Total Conlcen'ra Confidential and Proprietary (c) Concentra Inc. All rights reserved Count 285 49.1% 110 18.9% 81 13.9% 62 10.7% 21 3.6% 20 3.4% 19 3.3% 18 3.1% 18 3.1% 18 3.1% 15 2.6% 11 1.9% 11 1.9°/0 10 1.7% 9 1.5% 9 1.5% 8 1.4% 7 1.2% 7 1.2% 7 1.2% 7 1.2% 6 1.0% 6 1.0% 6 1.0% G 1.0% 84 14.5% 861 100.0% Employer Name Period for: Jan 01, 2015 - Dec 31, 2015 Biometric markers are used to identify wellness programs that will yield the greatest health benefits to your employee population. On this page, we have included the biometric markers that typically have the greatest financial impact for organizations. Category Underweight Healthy Overweight Obese Morbidly Obese Total BMI Range BMI < 18.5 BMI = 18.5 - 24.9 BMI=25.0-29.9 BMI = 30.0 - 39.9 BMI 40.0 Body Mass Index (BMI) Current # 97 439 510 682 199 1927 Cohort- Patients who had a measurement recorded in the current period, who also had a measurement recorded in the prior 3 years for comparison. Category Underweight Healthy Overweight Obese Morbidly Obese Total BMI Range BMI < 18.5 BMI = 18.5 - 24.9 BMI = 25.0 - 29.9 BMI = 30.0 - 39.9 BMI 2 40.0 Health Condition Diabetes Metabolic Syndrome Hypertension Obesity Initial Visit 102 358 428 542 151 1581 Current % 5.0% 22.8% 26.5% 35.4% 10.3°', 100.0% Prior # BMI Cohorts * Initial % 6.5% 22.6 % 27.1 % 34.3% 9.6% 100.0 % 99 407 491 629 179 1805 Most Recent Visit 67 351 428 571 164 1581 Financial Impact of Selected Diagnosed Conditions Annual Estimated Medical Cost Per Person $6,649 $3,108 $2.002 $1,140 Participants Diagnosed with Condition 45 7 134 380 Prior % 5.5% 22.5% 27.2% 34.8 9.9% 100.0% Most Recent % Change % Change 4.2% 22.2% 27.1 % 36.1 % 10.4% 100.0% % Prevalence (Total Participants = 2500) 1.8% 0.3% 15.2 p r -2.0% 7.9% 3.9% 8.4% 11.2% 6.8% -2.2% -0.x% 0.0% 1.8% 0.8% 0.0% Annual Est. Cost $299,205 $21,756 $268,268 $433,200 Pri Clinical Overview '/Urgent Care - ®° Employer Name Period for: Jan 01, 2015 - Dec 31, 2015 You can use biometric markers to identify high-risk populations in your workforce, and develop targeted solutions. Category BMI Range Normal Weight BMI = 18.5 - 24.9 Overweight BMI = 25.0 - 29.9 Obese BMI >= 30.0 Impact of Obesity - Hypertension Diagnosed with Hypertension Regardless of BP Reading Count All Others (Not Diagnosed with Hypertension) BP Low/Normal .4120/80 BP Borderline 120180 - mmHg _ 139189 mmHg Count Count % BP High Risk >_ 140/90 mmHg 5 30 1.7% 98 5.7% 0.3% 296 17.2% 106 6.2% 226 13.2% 181 10.5% 219 12.8% 407 23.7% Impact of Obesity - Diabetes Diagnosed with Diabetes Regardless of Fasting Glucose Results Count Category BMI Range Normal Weight EMI= 18.5 -24.9 Overweight BMI = 25.0 -29.9 Obese BMI >=30.0 oncen Lr- Confi Fasting Glucose LowlNormal < 100 mg/dl Count % All Others (Not Diagnosed with Diabetes) Fasting Glucose Borderline 100-125 mgldl Count 20 13.7% 0 5 3.4% 22 15.1% 5 35 24.0% 45 30.8% 9 16;11 3nrt {1Yt171rtu> 0.0% 3.4% 6.2% 12 38 98 0.7% 2.2% 5.7% Fasting Glucose High Risk>125 mgldl Count 0 0 0.0% 0.0% Employer Name Period for: Jan 01, 2015 - Dec 31, 2015 In this section, you can learn more about the presence and trends of underlying factors that can lead to the diagnosis of chronic conditions within your workforce. MetS Risk Factors HDL Cholesterol Triglycerides Fasting Blood Sugar Blood Pressure Waist Circumference Factors Contributing to MetS Risk Definition Males < 40 mg/d1; Fernales < 50 mg/dl 150 mgrdl >_1001ngd1 130135 mmHg Males? 40 inches; Females? 35 inches * Cohort— Patients who had a measurement �` recorded in the current period, who also had a measurement recorded in the prior 3 years for comparison. MetS Risk Factors HDL Cholesterol Triglycerides Blood Pressure Waist Circumference Current 11 At Risk 91 73 39 386 71 Current Total Screened 192 192 185 1945 152 Current % At Risk MetS Risk Cohort * 47.4% 38.0% 21.1% 19.8% 46.7% Priori/ At Risk Prior Total Screened 49 35 11 431 30 88 90 90 1798 86 55.7% 38.9% 12.2% 24.0% 34.9% 85.7% 108.6% 254.5% •10.4% 136.7% Males < 40 mg/di; Females < 50 mg/dl >_ 150 mg/dl 130/85 mmHg Males? 40 inches; Females? 35 inches Initial Visit Initial Visit % Most Recent Visit 14 2.4% 10 1.7% 274 46.8% 9 1.5% MetS Risk Profile 15 15 312 12 2.6% 2.6% 53.3% 2.1% Low (0-1 Risk Factors) 627 Medium (2 Risk Factors) 17 in High (3-5 Risk Factors) 56 0.24' 0.9 % 0.5°U Employer Name Period for: Jan 01, 2015 - Dec 31, 2015 Tracking quality measures to ensure compliance with evidence -based guidelines helps with early identification of conditions that can negatively impact not only claims costs, but also productivity measures or presenteeism and absenteeism. Our clinicians utilize national standards for disease monitoring and preventive screenings to track patient compliance with appropriate health screenings. /Hypertension Compliance indicates that patients 18 years or older with a diagnosis of hypertension, who have been seen for at least 2 office visits, have had their blood pressure recorded at each visit. Diabetic BP Measurement Compliance indicates the percentage of patients 18-75 years of age with diabetes (type 1 and type 2), whose most recent blood pressure reading was <140/90 mm Hg during the measurement year "Smoking Cessation Compliance indicates the percentage of patients 18 years of age or older who were current smokers or tobacco users, and who received advice to quit during the measurement year. Cnm Iiance Compliant Non Compliant Total Hypertension 214 93.0% 16 7.0% 230 100.0% Diabetic BP Measurement Com ' Iiance Compliant Non Compliant Total Count Smoking Cessation Com '`fiance Compliant Non Compliant Total Count Percent 23 69.7% 10 30.3% 33 100.0% Percent 142 78.0% 40 22.0% 182 100.0% Employer Name Period for: Jan 01, 2015 - Dec 31, 2015 As part of effectively measuring your employees' health, we track how often your employees are diagnosed with specific conditions. Tracking these conditions helps guide health management decisions. 60% 50% 40% 30% 20% 10% 0% Employer Name Top Diagnoses t r -ma . Jia iosrs z_ Q Endocrine, Nutritional And Metabolic Diseases, And Immunity Disorders - Other Metabolic Disorders And Immunity Disorders Diseases Of The Respiratory System - Acute Respiratory Infections Symptoms, Signs, And III -Defined Conditions Symptoms Factors Influencing Health Status And Contact With Health Services - Persons Encountering Health Services In Other Circumstances Diseases Of The Nervous System And Sense Organs - Diseases Of The Ear And Mastoid Process Mental Disorders - Neurotic Disorders, Personality Disorders, And Other Nonpsychotic Mental Disorders Diseases Of The Respiratory System - Other Diseases Of Upper Respiratory Tract Infectious And Parasitic Diseases - Other Bacterial Diseases Diseases Of The Musculoskeletal System And Connective Tissue - Rheumatism, Excluding The Back Diseases Of The Circulatory System - Hypertensive Disease 53.8°.. 30.99, Employer Name Top High Cost Conditions 19.1'S 8.3% 6.1'. 5.G% I ,.fount l 1347 1089 572 520 330 291 268 255 254 226 ©y`�i otAa 4s, r° goy o° `�5 a o� ov Q�� cc as >��� 5� cs-b 1 Cnn e f Ll! I7 n.„,—?tarr (c) Concentra Inc. All wed. Employer Name Period for: Jan 01, 2015 - Dec 31, 2015 Top 25 CPT Codes CPT Description Count )9214 - OFFICE VISIT EST DETAILED 3217 69.7% 39213 OFFICE VISIT EST EXPANDED 852 18.5% 17880 - IAADIAD00 STREPTOCOCCUS GROUP A 812 17.6% 16415. COLLJ VEN BLD VNPNXR 496 10.7% 15025 - BLOOD COUNT COMPLETE AUTO&AUTO DIFRNTL WBC COUNT 410 8.9% 10053 - COMPREHENSIVE METABOLIC PANEL 404 8.8% 11002 URNLS DIP STICK'TABLET RGNT NON -AUTO W 0 MICRSCP 329 7.1% 14443 - THYROID STIMULATING HORMONE TSH 272 5.9% 0061 - LIPID PANEL 237 5.1% 4439 THYROXINE FREE 234 5.1% 9204 - OFFICE VISIT NEW DETAILED 234 5.1% 7804 - IAADIAD00 INFLUENZA 209 4.5% 7804 - Influenza 209 4.5% 1020 - RADEX CH 2 VIEWS FRNT&LAT 205 4.4% 7088 - CULTURE BCT ISOL&PRSMPTV ID ISOLATE EA URINE 167 3.6% 6372 - THERAPEUTIC PROPHYLACTIC/DX INJECTION SUBQ/IM 130 2.8% 4640 - PRESSURIZED/NONPRESSURIZED INHALATION TREATMENT 108 2.3% :0230.3 - COLD/HEAT-HOT/KOLD KOMPRESS, 8 112X11 99 2.1% 3000 - ECG ROUTINE ECG W/LEAST 12 LDS W/I&R 96 2.1% 1003 - URNLS DIP STICKITABLET RGNT AUTO W 0 MICROSCOPY 96 2.1% 7086 - CULTURE BACTERIAL QUANTTATIVE COLONY COUNT URINE 89 1.9% 2947 - GLUC QUAN BLD 85 1.8% 3036 - HEMOGLOBIN GLYCOSYLATED A1C 85 1.8% 5018 - BLOOD COUNT HEMOGLOBIN 82 1.8% 7609 - ALBUTEROL, INHALATION SOLUTION. COM 81 1.8% )thers 1381 29.9% -otal 10619 100.0% nnf•rinn!i-,r +�• JL ,i Clinical Overview Employer Name Concen�a Referral Rates Referral Name Health Coach Referral Primary Care Physician Referral Orthopedic Referral Other Specialist Referral Gastroenterology Referral Others /1 of Partici • ants Period for: Jan 01, 2015 - Dec 31, 2015 634 % Participants 71.8% 125 14.2% 70 7.9% 63 7.1% 63 7.1% 317 35.9% Confidential and Proprietary (c) Concentra Inc All rights reserved Employer Name Period for: Jan 01, 2015 - Dec 31, 2015 Our clinicians prescribe generic drugs rather than brand name drugs when possible to help control pharmacy costs, while still ensuring quality Concentra Pharmacy Utilization Confidential and Proprietary {c} Concentra Inc AH rights reserved n Brand Generic lir WeIIr Employer Name Health Manab ., h:;ti Period for: Jan 01, 2015 - Dec 31, 2015 Health coaches work with your employees as educators and motivators, They provide workplace health promotion, health coaching, and educational seminars that encourage your employees to fully engage with their health. Employees can choose to consult with coaches in person or by phone. 60 40 20 100% 80°0 60% 4O% 20% 0' 10 25.0% 25.0% Conce n a 37 18.3% Encounters by Gender 6 0- 6.7% 27 11 Health Coach Session Type 22.5% 38.3% 16.7% 54 4 12.5% 14.2% >tary (c) Concentra Inc. All nghts reserved 25 Group Individual trW Financials ROI Analysis Employer Name Period for: Jan 01, 2015 - Dec 31, 2015 This section provides an analysis of costs and estimated or actual savings to determine the ROI. Our ROI methodology includes both cost avoidance and productivity impacts. If claims data is not provided, assumptions are made based on industry data. Investment You 1 Year 2 Year 3 Year 4 You 5 51.rtup Clan 50 tiIA NIA NIA KfA MA111410PsIlAtamMrxtm:matCosta ar0 50 58 50 50 Acela Opo pang Cesta 5774,307 $707,536 5831,462 5846,106 1871,489 TotdEepenses 5774,307 5797,536 5821,462 5846306 $871,489 Est mate 15aviat . Year 1 Vail 2 Yaw 3 Year 4 Yex 1 Coal avoiddrmta 1r um PCP wits mautuiad In Sha ulm.ula mad'cvlLao las a5LIS rnpaedtoLha armraervitasat $116,192 $127,812 5140,393 5154,65: 5170.117 mask:[ Lust+. lust avoidance, h uta apaulyt wets Laptutad in the an. ailaeaatlicelmita ascoal:radtot'.esane =Mars at 14,016 58,318 $9,700 $10,670 511,736 rna'ket umati. Call a uidamo, hum E8 visits tootutad hi Uma await* ma[lul tram of Lump+ ud to Cha acme satvlias at 55,816 $6,398 57,037 57,741 58,515 nlooiat Latta. Cast aruliamKv hunt lab visits arptu rd in tlx utm•siial madul Ludas us Lamp+tai to Cha Uttar srlvitna at $41,272 545,399 549,939 $54,933 $60,427 matiat Lush_ Coat wuidammeu Ir um utitamll ca a vial V cart• rod hi the un -vita Comical craw as carroatad Cu ehr watt 5134,092 592,507 5101,752 5111,927 5123,120 aatvkas d Inaiiat Lusts. Cost ovuedartea hum didads alucathrm valla trots:all in Ilia unalta madkal canto m Lumptad Its 1ha lama $134,400 5134,560 5177,714 $214,406 55235,066 smokes d Inaliat Lusts. Cunt r,vldommce hum valuta sompala.11 m valla uptuted u alma anaita umlikat Lestor as 4C.. to 583,785 5102,102 5117,416 5135,030 $155,.285 the lana aalvitaa d market Coati_ Qat avoidance hum irwipetiossal Imadah vhha canna eel thea[ sr* manta =Hart es caupuicd to 522,240 $24,464 576,910 529,601 532,562 Cher lana aatvkas d tna:kat wars. Coal savings 4t um plase:my utlEhniuu 1 mei hotlm dltati dispanahpl as wool es & mmat k Luavatasun real 560,016 566,017 572,619 $79,88] $87,360 twine dolivaty arversio,L Cult saviayta hum akver tcriant, aastanhltt a 3 /rut dirtatanna ha haalmatd limn Iut cast jut, and (limas 5234,310 5257,743 5283,515 5311,867 $343,053 visit Cast seal -eta a uta Claim la:Justaall thwutli, Inulth Itnplumarnen Ito conk mos 001 iiield:nlk syne&uma. $27,603 $� 5130,68D $143.748 $1511,123 Total estimated miring'. 5822.139 5980,852 51,117,907 51.244,456 51,385.873 tmpto,er Kafurm on t8Yes[mtitt Year 1 Year 2 'Ow 3 Year 4 Yen 5 Med savin;s. 547,832 5183,316 $296,445 5398,349 $514,384 Rana st an mvaattnant lath: "sumpawd to L001 1.06 L23 1.36 1.47 1.59 c € s e -.c rra 2" I S -Year 8018, Savings Total Employer 01rea 5avitgs 51,440,326 ROI 1.33 Menthes Direct Saving 50 • r �sec:ohomendationsiNext Ste§ Employer Name Period for: Jan 01, 2015 - Dec 31, 2015 Recommendations Highlighted here are opportunities and suggestions to improve the effectiveness of the onsites and the programs and services. They can focus on outcomes, increasing efficiencies, adding programs, changing staffing and center hours to better address employee needs. Next Steps This section outlines next steps and their timing. City of Corpus Christi, TX • RFP No. 103 Employer-sponsored Wellness Clinic Technical Proposal p 4 !'rent F Sample Communication Materials On-site Clinic Campaign Options MONTH YEAR Table of Contents ca t 0 4- 0 N U) 0 0 U 0 4— 0 4— _NY to fi C as V fN/1 Q Q) 3 = O Ern Cl) E 'rn O N 0 C 4- a) a) o 0, a) aQ . C . N O � E0 E3 > U J O N O 0 0 E 0 4— N a) 16 w 0 C. a) 03 Cr O • N Ta c c a E N a a) 0 C .c a) • E to o >, 0 z. a) a) c 'i0 C� o a Value of communication materials ss services that are E E a) U O • A N as U U Y L O lav Y`8 u� 0 .°c 3 0 V ` CC O 0 'N C •G cC ai O '5 • O . O • C u) U a O tc CO O -G c= N N O L O c N N O O C co O N O'Op O'L Q) �- U O 0 O E) C co d L 0" d) > 2. 0. E O >, t6 Q 0 4) a a c •1. 73 O G -D 4- 4) a N O 0. N 0. d) Convey affordable access to health care using the on-site clinic Campaign A: Life never stops co c c LL cif m°52 § � $o= c 2 15 / ui 0Cii ���� o c co- k k 2 c E C § c c o \ E o .J E eL § rD 0 (DW 2 c - 7 o o > >, 0� 6� o 7 : @ @ k 0 @ ■ X2) 13 13 c2m� ■ 3 m 2 k® v m m p k C c § 2 2 / 7 .ED. .4) @ E @ c E� @ \ CL 2 S .a) @ .0 @ E @ 13X-22._ °= 2 �_.57 -1-d k Q — Q' . N — 2 .g cu e E Ci. 2 0 0> § @ � o cu c 3 2 mƒ £7 >2 @ 0 cuk e co a)_ ■ 0 2 � k15 § Campaign A: Life never stops f\� ;1H {\ ! 0!! "im 8H1 /': HH a/ i|}! ;!:' T. AILIAL } { l vhc m / co R �.o .- Wwcoo - E ■ O §q£ >, ¢ 000 O Eo O oE °o0- c g k� .) / 2 E D'aE2 U 0 oCL cn - : k§0 ■ w. 0 CC • R S 1— - a) ▪ � � t Rtkc C.)k"0_ D . 02 • ° E • o wE r k 2 / u±ate Uo-� IgE /k0 k 0 / .a £ 222Q) S c / ��- . E °) . m 0.0 ka) o0 Co 49. 0 0. § a /w LEw — S - ( 0 • � • 0 k 0. 9222?§ 2=uo • Q) 3 /co � @ % c Q CC fes§ o o \ III o) 7 c 3 o }1!| R $ $ 2 § o 0. h'i ! LL 5 ° o 7 @ _ 2 7i 3k2� @/�� / @ o $ o 1 ~� K x, (3.4).1"113 ! 0% a 2 % 0. §' a) 1�f ( 2o£_ °o= . I}} /> a§% d c c® as §. > ■ c o e 2 O = c » @ o « \ c G ' 3 0// 4 2-° k® 2 / k ° ° c LU E�ff3f��o 0 I § g . Campaign A: Life never stops Open house materials co alas o ;c_ Q• U CO) a) 16 1Z .— E E oo-c)(o Ec,,. • o '0 as 0) O 0 No N N UU v) 0) c a) U a) a) L c rz a) Q O c +. E U 0� iii iitji :1i'i1! i1;t1 w G ✓ • Ii11i !jillijiiiiillii fi"if Is II ;1111 iii lliii� °) w 1111: .111E rn o . • 1;11 1 1;1l117f' if'11 1 c a`) c °) N • �tjj ii ; ijjjij;i!i i'jj a l`ll c v 03 >, O U)i o N i .111111 ij giiiiillii '1,1!'11 = O ` -e a) `—' o - Q., =?1111: ti! E.ii1i:11ii: +:;111; E 0_ ..le,„ (0 0 ill c. } i ! 11'1ili1llii! 11111 1,'111 D (n N `) �. ca c rn ti i l!'1i I!!'t ilifllr ;'11'1 11Ii1 2 c c o c c ) a`) aoi E 1111 i 1:1111'1; li i'1 oO �u _ .11111 ?1111111ttii; lid: °1111) W moo Q) a O .Q O O �T a) 9. EL C) QU o -U 01)CUCU 00.00• • Em, .c_. a) >0 Ca) O (0 a)m W o _c W EO CU (0c o) (moo a 0o O L O=`o.�' cc -- (0 Z o,� -p (0 woo o = N a) 3 0) o 7 — >+ (0 a) (0c. L 0 U Q. (0 = 'c (0 0 0) O ._ E L o.I 0 O '= Q LL co • • L 0 Campaign A: Life never stops Open house materials 2 7 a, s _ 0 c ID L 2 o m LLJ =O U A 3 43 to oc a) a) > >. o o) a) o c N • J >. > C j CO Z a) N � a) N L- C t' 2m C .0 N en 0o2oa) 111 QC ala) 0 N- m N = O C) C .O C -O fn a) U C cp a) E C ." O — a a) .,.. O — „ti .ie- E12 co ..o • . Campaign A: Life never stops Open house materials 'E 7 o u) E e o %m 2 _k _ CL c = 2- as co cc E 'i a « : e 3� kf. f/f D E 2 @= 2 0@£ 3=@ «m— 55= LL» 7 R o c ± m @ ■ o as / § f % § E § ƒ =2 aa� k5cc 2� a2�.02al�k T §> E o 8 E k 22 o 5 Ew < 7 . . • c go £ .c ■ E E o[ea 2 2 @ « 2 i- . e o O of $ LL @ W> cu ±°v °S& E§ U\f $ ƒ'-2 kb$ 0. c o c 0 ocu P R2 a 2 Lit! § -jag o a /@. i 8 Campaign A: Life never stops Filthy Lifestyles !: J `8 411 0 z W J tU a•v.v_ U c c CJ) E U E� W o J `1 C ,cLJJ 3 0 0-� Z c _ N 'O J 0 N W_ a N I? 0 U to N m C 3 a) N 313 (6 0 (UCC a) a) 030o G G 0 0 4) •cawE 0.6 0 0 N V N Le Ce • d to the needs 0. 0.co N O N 0 c To c — U a O 0 •cu af0al o Op o. tyV N C 0 c U d) 0 ca 4) to > 0) c f0 `0. O E L 0 O O O 0 <t 0. 0 03 sa - N Q" C c0 'Nas E .a • U C = w O0 co in cf)C U C 00 inti) V 0 u) '- m .� 4 Q_ p. p- - C V N L. O C O u. Q. N =- 'a = t.- O X 7) c0 >+ C O W .E .a .o o -v Campaign B: Be well 11• .11; 0) G) c 'p L N t •0 C 0 I L -- U _ o Ili o rn 3 c .c �° 0V Gc? O •O c W L C E - O C C O {i.t i .i 1 J O G) N •c O CO N 1I.'. 1sS;f ti:. tilt iii o �'a U U O }:. ??l`t .S 'iii y ';'> V z _c C c cu ... c i1tjt:: !illi l:�i O U f0 C O •o O i- il• y iy l,f 1 O !ii yi;i yi ;I 1 1! ,1: f{y.t O �p G) = p G) +i ti11? yis? '+i1 {ilei I1 {_ 0 E E to O s 3 St1; :i,ir 'sf 1:1:i j;(f;,117o c`C C c p) c t+1 1 1 iii 1•1:l i1 .. C O c I•� ;,C' t!c:.;.:r:; :?.i .0 O o N u) 0 E'p to f ;1?t iih i{f'{ jtI`s{ 'i ci Q rn a` G) a U c j; i'tif 1` i 1= C O {)11l; GOj C O G) p O 1i �i 11111 !1I:t ADI ilii: i—C gE VcIn jj= I,i;: Q p czo ;ja{! ti_3? Z E O =- .'c.. N N VC y to Lu o o. N O C p C .= G) N = C- 9) O O w c 0 = E J .a I1-' O W U _!0 = U . . . N Concernars ` Campaign B: Be co co co E a O 0. 03 YIsm Q, 115 0CU I- LL , III Y , aw U ° o 2 c " -E m_ c u) U -v Eo 1./.1 (/) c • •..°•Q 00. p�w o Vc •0 > CO c' ZWo� cwa)o° • _; ,', O= 0 mss v, ju ai 1y Oo � •a.o woo ° u Q w Q O o al 'Si of17:13 CCZ 75, ,o o CN 63 W O = p"7 co o m v Q jtO OAititU$ C C •- z u, Q NCL a+ '- C •C1 to u �;yeti. •L T a E tom,. 0 tC �tf�f't s 1144 v° 1144:4 f _ kali#�3��it sifsi� 0 o c Q w ° V o .c � .c .5 y g c- ° i1 j Campaign B: Be well se materials a)` yam.. 0 t l s s. : s. s.; m 0 0 .0 ›. ,— ,.;;: iI.� iiiiiit„fit: 1t t v o 0 �- 0 c I- I. _o ll;i !: !f f, i'lft ii;l : V o > m o o. rli. . ;)isi1 C o U t r! i(1: ili.ti lilt!) j ` Q li. , iit i {:i '1 {i{.:{ al•.i W a) a) a) _c t i lti �ttlf': i=; j �ftff} �Itif! 0 (2 _c co o .n a) . ;fit }t,;� r; i ;):,i ii;ltiii' c w E o R ef11 iibi ,Il fls�f ltfij O O` (Ts Q N O E N to ii ii it i )) l;ii .; ;:,. a is coo o E >ai, 1. t., �fi}i � � 4) =O t1 a1- .c ,c E c — .1 si) co iv' •.5 0 ” ozi c -o > a) v c �. c o i cl- coO c,S Oo. E. c t� 1111 is ' i:!ill it • ; s' sli 11 ii ii iii, a :? sc cL_cC i 11 as m al .c •c is ' , 1 yliq c o c Wo •c,O c _ac Amt a) o)c a)-0 E.DO O as oi-0EZE— (1E c CO0=0 E E ) E"a0'0o a 0 o 2 `. .a0) 0 -ca E a8(6 U 42 W g Oao v) }tnc� 0 oEn o —) asoo (0 0 0 >. co coo I; o" '� rn E a) OO `~c oc >assto a)_ W o E •J »r * s rn m W Eo yc o. U) co a w 0) o N Ooo orn m ' co EQ - N E 2 Q 7.N � '� � o N o Z o o .,,,a' t a3 E o_ ih W VO 0+' E a)N (ci-N" fa a) c• w CD C _ 0340,415 co Q) 0 o ca= — a) " m E c E0 (4 O O O .c o 0 0 U 2 g EL a=V �mF—cna0 L- o 9[F Campaign B: Be well Open house materials cn 0 0 m2 k Rk - ° > o LLI " F-0 o (T) "5 - 2 « $ % Z 7CU g 0 Q E $ f 2® 17 o c m $ tom§ §02 O 03 c L$\@ E2 g�_o ��/�@§27 0) EkgE2 77/\3@a e = . LO Concen- ra Campaign B: Be well .•A H k 0 @4 0 -k o� �� 0.c$ 22k �al CD C Z ■ ■ 0 # o E III £ a a) •£ 2 E O g 15 o lo w E u) cl.- 2 z £ E k - ° 2 « » = o ° ta z. 00 2k � mkou-== 3k2 0 ° ■ 0 2 �k �/� 2w£ cC 5 £ ■ o O a_2 a) 2 ± 2 0 0 ■ Lu 7c • � k§ CD kc ƒ eco -£R cmc ��k�Rc -- CUL- [lD �°wk-82 o . Campaign B: Be well $ ƒ§§ Q S#G ,..| |/ M1 1| , A l I \ cr ) L _ -a 0 ..J§2E m Irp 0 mR#o W _ 2 £ @ 6CD w , - > 2v 0 Z w 5 ) 2 © o 0 in 250* 111 /0.1,-; .0(0 0 2f k 0 § £ k $ k12 co u) k c E 0 - arC \E0 . E § o' 0 0 k Aƒ k P-4 Q2 - Health assessment (Biametric screening) 0 LL 0 co 0 >_ 0 a) �N t o� >s ca c. 7 `o .co ii ai.c O0)i Ori) •5., � V c .c 0 co> a) a) 6— CL c co "0 0 O) a) c cn C 'C O a_ -0 fa Q. •N �+ 2 E> C >° 2 (1) .... C U E N O a) O N t4 a) .c 1 U 0) N Q.. = N a. u- 0) ((0 WU C U A E L c -c j it c (0 . `) c O a) a) N O :..., = '03 SI--) L R) • O a `- •t-' (6 a Rj O L= N v E 0 0 = c 1- (0 (v m a) A 0 (D .c a) —0 CO Concentra- Concentra' City of Corpus Christi, TX • RFP No. 103 Employer-sponsored Wellness Clinic Technical Proposal Attachment G Concentra Financials Concentra Business of Humana Inc. Combined Financial Statements With Independent Auditors' Report For the Years Ended December 31, 2014 and 2013 pwc Independent Auditor's Report To Management and the Board of Directors of Humana Inc.: We have audited the accompanying financial statements of the Concentra Business of Humana Inc., which comprise the balance sheets as of December 31, 2014 and 2013, and the related statements of operations and comprehensive income, of cash flows, and of redeemable noncontrolling interests and invested equity for the years then ended. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express an opinion on the financial statements based on our audits. We conducted our audits in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on our judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, we consider internal control relevant to the Company's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Company's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Opinion In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the Concentra Business of Humana Inc. at December 31, 2014 and 2013, and the results of its operations and its cash flows for the years then ended in accordance with accounting principles generally accepted in the United States of America. March 16, 2015 PricewaterhouseCoopers LLP, 500 West Main Street, Ste.1800, Louisville, KY 40202-2941 T: (502) 589 6100, F: (502) 585 7875, www.pwc.com/us Concentra Business of Humana Inc. Combined Balance Sheets (in thousands) December 31, 2014 2013 Assets Current assets: Cash and cash equivalents $ 4,866 $ 5,717 Accounts receivable, net 114,240 118,474 Inventory and other current assets 17,084 19,743 Prepaid expenses 8,243 7,847 Total current assets 144,433 151,781 Property and equipment, net 195,186 187,124 Goodwill and other intangible assets, net 667,743 684,713 Insurance recoverable 36,047 38,595 Other assets 2,312 2,503 Total assets $ 1,045,721 $ 1,064,716 Liabilities and Invested Equity Current liabilities: Accrued compensation 48,511 56,235 Accrued expenses 32,342 39,013 Accounts payable 13,906 4,475 Current portion of professional, general and workers' compensation reserve 8,032 6,754 Total current liabilities 102,791 106,477 Deferred income taxes Professional, general and workers' compensation reserve Long-term deferred rent Other liabilities 63,141 37,693 15,329 4,283 79,438 40,737 15,782 4,216 Total liabilities 223,237 246,650 Noncontrolling interests - redeemable 28,116 28,189 Commitments and contingencies Invested Equity Net Parent Investment 789,304 784,884 Noncontrolling interests - nonredeemable 5,064 4,993 Total invested equity 794,368 789,877 Total liabilities and invested equity $ 1,045,721 $ 1,064,716 The accompanying notes are an integral part of these combined financial statements. 2 Concentra Business of Humana Inc. Combined Statements of Operations and Comprehensive Income (in thousands) Patient services revenue, net Capitated revenue Total net revenues Cost of services Gross profit General and administrative expenses Amortization of intangibles Loss on sale of assets Operating income Income tax expense Income from continuing operations Gain/(Loss) from discontinued operations, net of income taxes Net income Net income attributable to noncontrolling interests Net income attributable to the Company Other comprehensive income Comprehensive income attributable to the Company Years Ended December 31, 2014 2013 $ 931,923 $ 921,830 66,278 58,707 998,201 980,537 826,326 835,731 171,875 125,749 16,889 241 28,996 4,278 24,718 145 24,863 4,716 144,806 113,534 18,297 1,030 11,945 5,429 6,516 (312) 6,204 3,027 $ 20,147 $ 3,177 $ 20,147 $ 3,177 The accompanying notes are an integral part of these combined financial statements. 3 Concentra Business of Humana Inc. Combined Statements of Cash Flows (in thousands) Years Ended December 31, 2014 2013 Operating activities: Net income $ 24,863 $ 6,204 Adjustments to reconcile net income to net cash provided by operating activities: Depreciation and amortization of property and equipment 35,409 36,192 Amortization of intangibles 16,889 18,595 Provision for bad debt 16,379 17,986 Stock -based compensation 3,627 630 Loss on sale or disposal of assets 241 1,030 Deferred income tax (benefit) provision (14,150) 2,990 Changes in assets and liabilities, net of effect of businesses acquired and dispositions: Accounts receivable (12,145) (16,088) Prepaid expenses and other assets 3,688 (9,021) Accounts payable and accrued expenses (4,633) 20,416 Net cash provided by operating activities 70,168 78,934 Investing activities: Purchases of property and equipment (46,564) (60,669) Acquisitions, net of cash acquired - (5,790) Proceeds from the sale of assets 27 1,606 Net cash used in investing activities (46,537) (64,853) Financing activities: Capital lease repayment (410) (1,629) Distributions to noncontrolling interests (4,718) (3,161) Net Transfers to Parent (19,354) (9,559) Net cash used in financing activities (24,482) (14,349) Decrease in cash and cash equivalents (851) (268) Cash and cash equivalents, beginning of year 5,717 5,985 Cash and cash equivalents, end of year $ 4,866 $ 5,717 Supplemental disclosure of cash flow information: Income taxes paid, net $ $ Liabilities and debt assumed in acquisitions $ $ 183 Non-cash investing and financing activities: Property and equipment acquired through accounts payable and accruals $ 5,033 $ 7,883 The accompanying notes are an integral part of these combined financial statements. 4 o- 11.1 d w N d c ca N d L d c 0) 2 O V 0 z d .0 to d .0 N O CO c 4.9 73 C C E 00 a m 0C Nonredeemable 4a CA CI) (0 O F- O O M LO r` M (O 0 CO N. CO LO 0) N- e- v M -c,"3" tO 0 CO (0O O r` co co tO r• (0 Co to ' ' �-- r• r` ;r oo rn r• t` N CO O N. el - 00 CO CO 0) 0) e- M O O co co 0) 0) ' ' 0)) O~) ' -47 N L) CO CO CO Redeemable 00 tO (0 ' N N N N Balance, December 31, 2012 a) 0 Z a) w a) C U CA c c o rn c c CU 0 (0 E0c 0 0 0 0 0 0 .0 @ CO Z O 0 0 c 0) C , c c o 0. 0 O c U 0 0 a) 0) coas0 co .o (0 (0 0) 0 U 0 C C Z Z 0) o 00 N Balance, December 31, 2013 O M CO N - C'6 M (1) (0 w M 0) (l) c 0)v o a`�i o >. 67) N C o C. N. 0) p O c c U 0 0 0 0 c a) a) NC LI O.0 O UC t6 (0 o C fl O N •0 i 0 (0 CO N y o E E N O COL6 n C C O ri; to .. t Z 0 Z Z CO 00 Balance, December 31, 2014 Concentra' City of Corpus Christi, TX ♦ RFP No. 103 Employer-sponsored Wellness Clinic Technical Proposal Attachment H Leadership Team Qualifications 1457 NATCI-IEZ LOOP - COVINGTON, LA 70433 PHONE 713-542-6251 • TRANK20 a \ISIVCO\I KRIS TRONCOSO CAREER FOCUS With more than 15 years with the same company, I am a sales executive with a proven track record. A record demonstrating a consistent ability to accept and excel at greater responsibilities, create quality solutions for clients, develop relationships quickly, close business, effectively manage current business, negotiate pricing and successfully lead a sales organization. PROFESSIONAL EXPERIENCE February 2012 - present Concentra Medical Centers (national) Asst. Vice President, National Sales • Concentra Medical Centers is the nation's largest provider of occupational medicine/urgent care/wellness with 300+ medical centers and 200+ worksite medical clinics in 40 states • Executive, senior member of the elite sales team responsible for large national accounts • Sell urgent care medical treatment, workers compensation injury treatment, worksite medical clinics for employer locations, non -injury services - such as drug testing, physical examinations, OSHA- & DOT - mandated medical testing to employers, municipalities, workers' compensation insurance carriers, insurance brokers, consultants and third party administrators • Received the prestigious 2013 Humana President's Council award for highest sales growth over prior year for the elite sales team (+22%) - National Account Salesperson of the Year for 2013. • Domestic US travel comprises 30-40% of the position May 2009 —February 2012 Concentra Medical Centers (national) Asst. Vice President, Broker & National Sales • Hand-picked by Sr. VP of Sales to one of two high-profile corporate positions with insurance broker sales responsibilities throughout the Western half of the US • Sold worksite medical clinics for employer locations, in addition to wellness programs including Health Risk Assessments (HRA), Biometric screening services and vaccinations to insurance brokers, benefit consultants, employers, municipalities & third party administrators • Grew gross revenue by 400% over the first three years • All sales and leads are generated through relationships built by networking in the insurance broker, risk management, workers' compensation, environmental/safety/health, human resources and benefits industries, as well as cold calling. • Addition of 18 national employers to current workload in February 2012 to increase occupational medicine revenue and visits • Domestic US travel comprises 30-40% of the position • Concentra was acquired by Humana in December 2010 January 2008 — May 2009 Concentra Medical Centers (national) National Account ,Executive • Promoted to one of five high-profile corporate positions with sales responsibilities for 50+ Fortune 500 employers throughout the US, and their subsequent visit growth, revenue growth & revenue retention • Sold urgent care medical treatment, workers compensation injury treatment, wellness programs including Health Risk Assessments (HRA) and Biometric testing, non -injury services - such as drug testing, physical examinations, OSHA- & DOT -mandated medical testing and vaccinations to insurance brokers, employers, municipalities, workers' compensation insurance carriers & third party administrators ■ Successfully exceeded annual goal of $1.5 million increase in book of business • National sales leader in new product lines of Urgent Care sales and I-Iealth Improvement Programs, including Health Risk Assessments, Biometric Testing and Health Coaching. • Domestic US travel comprises 50-60% of the position July 2004 — January 2008 Concentra Medical Centers (TX & LA.) Area Sales Manager ■ Direct oversight of 15 sales representatives, as well as the visit growth, revenue growth & revenue retention of 15 occupational medicine clinics throughout Houston, New Orleans & Baton Rouge ■ Promoted to manage additional territory of New Orleans & Baton Rouge, LA in January 2006 ■ Houston market grew to $27.4 million from $20 million (37% increase) in gross revenue over my tenure • Houston market - 2006 • Largest injury & non -injury visit growth in the nation is 6.7% injury visit growth, 11.7% physicals visit growth & 14.5% drug screen visit growth vs. 2005 • 19.7% gross revenue growth vs. 2005 • Houston market - 2005 • -2.5% injury visit growth, 10.4% physicals visit growth & 7.7% drug screen visit growth vs. 2004 ■ 13.8% gross revenue growth vs. 2004 ■ Houston market — 2004 ■ 3.2% injury visit growth, 10.9% physicals visit growth & 8.4% drug screen visit growth vs. 2003 ■ 3.5% gross revenue growth vs. 2003 ■ Worked as one part of an Area Leadership Team, along with the Regional Medical Director, Area Physical Therapy Director and Director of Operations to manage, set policy/procedure and develop customer service standards for our markets (approx. $38 million in gross revenue combined) • Successfully transitioned 200+ customers of a $5 million clinic acquisition into the Concentra system ■ Relocated to Houston, TX to accept the position March 1999 — July 2004 Concentra Medical Centers New Orleans, LA) Team Leader of Sales /Health Services Manager ■ Responsible for business -to -business sales efforts of four occupational medicine clinics located in New Orleans, LA with more than $6 million in gross revenue annually ■ Surpassed weekly sales call minimum goals of 75 cold calls, which included 12 appointments, 7 new client closes and 28 maintenance calls for five consecutive years ■ Met all monthly goals of 12 new client utilization of the clinics (ranking #2 out of 230 reps nationally) for new revenue generated (approx. $500K) ■ Promoted to Team Leader of Sales for Louisiana territory in August 2000 — expanding sales leadership role to assist Area Sales Manager in managing and training Health Services Managers in the market January 1998 — March 1999 Purple & Gold Magazine (Baton Rouge, LA) Assistant Editor • Responsible for covering Louisiana State University and SEC athletics for Pnrple et Gold Magaijne, as well as writing feature stories, beat writing, editorial content & layout I. Promoted our weekly publication through weekly radio, television and public speaking engagements, thereby doubling subscription numbers & tripling circulation numbers for P&G Communications Inc. CONCENTRA AWARDS EARNED • 2013: National Salesperson of the Year (+22% growth); Humana's President Council member • 2004-2012: Concentra did not have recognition or award programs for Sales Managers, National Account Executives or Executives. • 2003: Health Services Manager of the Year — South Region (#1 regionally & 1 of only 5 reps nationally), Market of the Year — South EDUCATION Region (1 of only 5 territories nationally), Highest New Revenue Generated (#2 out of 230 reps nationally), HSM of the 2nd Quarter for Highest First Use Revenue, Sales Award of Excellence (SAE) for entire year • 2002: Highest Revenue Growth in Louisiana, Sales Award of Excellence for entire year • 2001: Sales Award of Excellence for 1st & 2nd Quarters (4 of 30 reps regionally), Client Wish List Usage Winner for South Region (#1 of 30 reps regionally), National Background Check Contest Runner -Up (#2 of 230 reps nationally) • 2000: National Silver Award for exceeding weekly sales goals for the entire year (11 of 230 reps nationally), National Leads Award for providing national business opportunities (6 of 230 reps nationally), Top Sales Performance — 15' Quarter, Outstanding Leadership Award — 151 & 2nd Quarters 1992-1997 Louisiana State University Baton Rouge, LA Bachelor of Arts in Mass Communication iv/ a Public Relations concentration ■ Minors: Speech Communication & History PROFESSIONAL ORGANIZATIONS (PAST & PRESENT) Port Louis Owners Association (Townhome Assoc.) Board Member (2008- 11), President of Delta Safety Society (2003-2004), 1st VP (2001-2002), 2nd VP (2000), Risk & Insurance Managers Society (RIMS), Associated Builders & Contractors' Programs & Activities Committee, American Society of Safety Engineers, Louisiana Association of Self -Insured Employers, Louisiana Association of Business & Industry, Louisiana Claims Association, New Orleans Claims Association, Jefferson Chamber of Commerce, and Jefferson Young Leaders Junior Chamber 'Jaycees) Charter Member INTERESTS & ACTIVITIES (PAST & PRESENT) Family-owned catering business with the New Orleans Jazz & Heritage Festival (30 yrs.), Co-owner of Fleur de Lis Development Inc. land developers, LSU football season ticket holder, Sand Volleyball recreational leagues REFERENCES AVAILABLE (ALL DIRECT SUPERVISORS) • Christi Coleman (former Vice President of National Sales, Concentra Medical Centers — Dallas, TX) — (817) 748-1208 • Renee Cowan-Aguiare (former Area Sales Manager, Concentra Medical Centers - New Orleans, LA) — (615) 390-2190 • David Mikula (former Vice President of Sales, Concentra Medical Centers — corporate office) — (214) 335-2441 Christine Royal 7 586-817-1610 Cell 8845 Galloway Ct Sylvania, Ohio 43560 Chris roval@concentra.com Professional Profile Seeking an opportunity to advance my career utilizing my 18 years of experience in occupational medicine, Urgent Care and quality improvement. I would like to draw on my experience in the quality improvement arena to assist developing a quality improvement department in the primary care business line. Professional Experience Concentra. Bingham Farms, MI 05/2012 -Present National Director Quality Improvement & implementation Field Operations • Direct oversight and management of Zone 011 Directors • Responsible for creating, piloting, implementing and compliance monitoring of operational improvement programs, initiatives and processes that will result in increased efficiency, cost reduction, improved customer service in coordination with other team and zone leaders. • Identify current operational processes and procedures and assess for improvement opportunities using continuous quality improvement methodologies • Work collaboratively with National, Zone, Area and Market leadership to identify and understand operational challenges that may require modification. • Maintain consistent and fluid communication with organizational leadership regarding center/Field findings, concerns and ideas relative to operational improvement ideas as well as providing consistent feedback relative to center/market compliance. • Field representative and operational voice in the management and oversight of new and existing initiatives that effect center operations Concentra, Bingham Farms, MI 2008-2012 Midwest Zone Director Quality Improvement & implementation Field Operations • Responsible for creating, piloting, implementing and compliance monitoring of operational improvement programs, initiatives and processes that will result in increased efficiency, cost reduction, improved customer service in coordination with other team and zone leaders. • Identify current operational processes and procedures and assess for improvement opportunities. • Worked directly with Quality Improvement & implementation team to streamline or alter processes to allow for improved efficiency, effectiveness and customer service. • Worked collaboratively with Zone, Area and Market leadership to understand operational challenges that may require modification. • Maintain consistent and fluid communication with Zone, Area and Market leadership regarding center/field findings, concerns and ideas relative to operational improvement ideas as well as providing consistent feedback relative to center/market compliance. • Field representative and operational voice in the management and oversight of new and existing initiatives that effect center operations. • Worked closely with all leadership at the center/area/zone levels, providing oversight and reinforcement of accountability and field compliance with projects, initiatives and implementation initiatives. • Identify best practices across organization and develop methodology for accelerating adoption across all entities. • Project manage center acquisitions, consolidations, closures, and denovos in concert with area and zone leadership. • Coordinate with Training Department to effectively roll out all new initiatives, programs, processes that effect center operations. • Coordinate internal non financial audits in centers in zone of responsibility. • Audit internal processes and procedures to further support compliance and efficiencies gained by respective operational programs and initiatives. • Christine Royal. 586-817-1610 CeII• chris_royal@concentra.com Page 2 of 2 Concentra, Bingham Farms, MI 2007-2008 Midwest Zone Urgent Care Manager • Work closely with all leadership at the center/area/zone levels to implement Urgent Care in Occ Med centers • Nationally Trained front line colleagues on new practice management systems that supported Urgent Care practice. • Worked closely with center level leaders to implement new Urgent care • Acted as Urgent Care resource for center/area/zone level leadership • Worked closely with Urgent Care CBO to ensure that maximum reimbursement was obtained for Urgent care services. Concentra, Bingham Farms, MI 2005-2007 Assistant Area Operations Director • Ensured compliance with all operational policies, procedures, and training programs, in all assigned Centers. • Assisted in monitoring operational and financial performance of all assigned Centers as defined in the budgetary process. • Reviewed and analyzes operating statements on a monthly basis to ensure center objectives are met. • Reviewed center operating systems and available operational reports to ensure ongoing process improvement. • Provided support to Center Administrators and support staff for compliance with regulations in various functions and processes in accordance with current company and/or other regulatory requirements. • Monitored, evaluated and recommended changes to procedures and policies to enhance service. • Coordinated all operational initiatives with all center leadership team members to ensure adequate support of Concentra's clinical processes. • Assisted Director of Operations in preparing and maintaining annual budgets for assigned centers. • Coordinated involvement of center leadership teams in the budget process in conjunction with other market leadership team members. • Interviewed, hired, counseled and disciplined according to established policies and in conjunction with the Human Resources department. • Facilitated the implementation of and ensures adherence to all corporate policies, procedures and initiatives. • Assisted the Center Administrator with the hiring, training and development of all support staff. • Hired, trained, and developed all Center Administrators for assigned centers. • Assisted Center and Market Leadership team members with resolution of client issues. Concentra Medical Centers, Atlanta, GA 4/2000-2005 (Novacare acquisition) Center Administrator Oversee daily operations of the center • Monitor patient flow • Account management • Customer service calls with clients • Daily cash deposits • Reconcile daily visit reports • Audit daily charges • Payroll • Accounts payable • Medical case closure • Financial/salary analysis • Monitor supply orders and inventory • Financial/Salary Analysis • Christine Royal• 586-817-1610 Cella chris royal@concentra.com Page 2 of 2 NovaCare, Atlanta, GA 06/98-4/2000 (Atlantic Health Group Acquisition) Center Administrator • Oversee daily operations of the center • Monitor patient flow • Account management • Customer service calls with clients • Daily cash deposits • Reconcile daily visit reports • Audit daily charges • Payroll • Accounts payable • Medical case closure • Financial/salary analysis Monitor supply orders and inventory Financial/Salary Analysis Atlantic Health Group, Atlanta, GA 4/95-6/98 (Company Acquired by NovaCare) Program Specialist Responsibilities: • Designed work hardening programs for patients • Performed HPE's • Performed FCE's Education University of Toledo, Toledo, Ohio BS Exercise Science/Concentration in Kinesiotherapy 03-95 References References are available upon request. 2025 Cherrywood Drive LaGrange, KY 40031 • 502-396-5561 • brandvmitche11000gmail.com Brandy Mitchell Background and Skills My goal is to establish full time employment in the healthcare field where my knowledge, skills and education can be utilized to benefit my employer as well as provide an opportunity for learning and growth. Practice Operations • Experience with managing operations and strategy for large multi-spedalty, multi -site and onsite physician practices. • Evaluate KPI's and trends to provide solutions to dose any performance gaps. • Overall responsibility for the routine business and clinical functions through administrative and clinical staff and services to ensure maximum utilization of resources and the efficient delivery of services. • Ensure practices are appropriately staffed to meet the needs of patients, physicians and clients. • Develop and oversee implementation and administration of internal practice policies and procedures. Fiscal Management • Management and budget of FTEs and operational expenses to ensure sound fiscal operations of the practices. • Lead financial and operational performance of assigned area. • Analyze finandal and practice activity reports. Perform financial analysis of P&L, plan corrective strategy and execute. • Assist in marketing and expansion related initiatives. Develop short and long term plans for revenue growth. • Identify practice/business development opportunities to increase market share. Leadership/People Development • Establish work procedures and standards to improve effidency and effectiveness of each practice. Ability to gain "buy in" from support teams. • Monitor and document performance of team members and site leaders. • Reward and discipline team members. • Create team member retention strategy. • Lead team on maximizing the customer experience. • Success in working with cross -functional teams. Experience 11/11 -Present Concentra Louisville, KY Director, Strategic Onsite Accounts • Strategic client support for high profile onsite accounts Area Operations Director, Onsite Accounts • Operational and strategic client support for Louisville market • Frequently selected as SME for various stretch projects • Moved to this role upon the spedfic request of key clients asking to have my focus. Frequently requested by clients to present on their behalf to their leadership regarding program strategy. Regional Worksite Director, Midwest Zone • Operational oversight of 40 onsite centers with various staffing models and services • Negotiate dient contracts, fiscal management, maintain client relationships • Telemedicine implementation and responsibility • Strategic partner of assigned clients for growth and expansion Center Operations Director, Humana Health & Well-being Center • Implemented successful clinical processes, staffing model and strategic programs 10/09-11/11 502-396-5561 •brandymitchelloQCagmail.com Brandy Mitchell University of Louisville Physicians -Department of Louisville, KY Medicine Practice Operations Director • Operational and fiscal responsibility for multi -specialty and multi -site practices: Primary Care, Rheumatology, Pulmonary & Sleep Medidne, Endocrinology, Cardiology, Gastroenterology, Infectious Disease as well as ancillary testing labs: Echo/Stress Lab, Pulmonary Function Lab, and GI Motility Lab. • Successfully manage support staff and support 80+ clinicians within primary care and 6 subspecialty groups 1/09-10/09 The Physician Group, JHSMH Louisville, KY Practice Manager • Press Ganey customer satisfaction scores from 75% to 93% • Team member satisfaction scores from 32% to 85% • Transitioned 2 orthopedic private practice groups with 9 total locations to employed network successfully 4/07-1/09 Clinic Manager • Developed marketing strategies to promote services of occupational medicine center • Oversight of both dinic and onsite locations in the assigned area • Revised staff structure to obtain better effidency BaptistWorx, BCHS LaGrange, KY Education Ashford University Online Program Bachelor of Arts, Healthcare Administration • Integrated leaming program reflecting the realities of the healthcare system. Explores topics such as: health administration, regulation and finandng, health care planning and health policy. Xavier University Associate of Science, Radiologic Technology • Clinical education was completed at Good Samaritan Hospital. Dixie Heights High School International Baccalaureate Program • Rigorous college prep program with a variety of accelerated courses designed to create a well-rounded student as well as reward dedicated students with completing college curriculum early. • College level course requirements were completed at Thomas More College. Cincinnati, OH Edgewood, KY Certifications • Strategic Organizational Leadership Certification- SOLC Management and Strategy Institute • Project Management Qualified-PMQ Management and Strategy Institute Laura Sanchez 223 Continental San Antonio, TX 78228 210-378-3079, lsgetnini612@ vahoo.com ***Experienced LEADER*** EXECUTIVE SUMMARY Dynamic, professional seeking to leverage 15+ years of extensive experience in the entire gamut of operations management, human resources management and customer service. Keen leadership skills and management abilities, as well as excellent problem solving, team building, and decision-making skills. o Key areas of expertise e •Ability to read, write and speak Spanish. •Extensive experience in multi -site management across the nation with a successful proven track record with "tum - around" situations in team performance & culture. "LEAD BY EXAMPLE" management style. •Strong work ethic who continuously promotes a positive environment. •Clearly understands and has extensive experience in a "sales through service" environments, call -center environments and fast -paced environments. •Ability to provide quality management by demonstrating commitment and enthusiasm to exceed client expectations and ensure service level agreements are clearly understood. •Ability to build commitment and leadership to establish a professional atmosphere of trust and support. •Ability to set a model for employees that reflect the highest ethics, integrity and standards of excellence. •Ability to manage diversity and demonstrate commitment to company efforts to achieve a diverse workforce. •Ability to direct, plan, supervise, coordinate and evaluate the work of subordinate personnel in an effective manner •Ability to establish and maintain effective working relationships with departmental managers, administrative staff, referral sources and the general public. CAREER PATH Regional Director of Operations 2012 -present Bestica, Inc. (Nationwide) •Report directly to the President/CEO and serve as the interim in his absence. Manage the day to day operations of our local corporate office in addition to our staff located at our satellite offices across the nation with a focus on the systems and procedures required to accomplish the company's mission and goals. Establish and implement departmental goals, standard operating procedures, policies and process improvements to maximize efficiency, improve profitability and increase productivity. Formulate policies, managing daily operational activities and planning use of materials and human resources toward maximum productivity while determining needs, reducing costs and analyzing areas that require improvement. Manage and maintain company compliance and policies as well as the company certifications to ensure that an active and compliant status is maintained. Responsible for all functions relating to Human Resources such as recruiting, performance management, employee development & training, compensation, benefits, payroll and performance. •Manage the entire lifecycle of our commercial and government customers. Foster customer loyalty through high- quality interactions at each step. Responsible for resolving any customer issues or concerns timely to ensure customer retention and satisfaction. Manage and increase the effectiveness and efficiency of support services (HR, IT, accounting, vendor management, etc.) through improvements to each function as well as coordination and communication between support and business functions. Assist in hiring, training and setting goals and metrics for the team while ensuring accountability by conducting meetings weekly, monthly and quarterly to perform account reviews. Assist in the supervision of our staff and provide on-going feedback and recommendations to the team relating to their performance. Establish performance goals, monitor performance, promote positive energy and support all departments to meet goals. •Regularly assess how our organization's sales, marketing and service departments work together to deliver seamless customer service. Continuously work with our team to understand, define and refine our customer base. Gather customer feedback, analyze it and design specific practices to put into place so that customers benefit while profits improve. •Oversee monthly and quarterly assessments and forecasts of organization's financial performance against budget, financial and operational goals. Assist the CEO in developing long-range forecasts and maintaining long-range financial plans. Oversee short and long-term financial and managerial reporting to include monthly, quarterly and annual reports. Direct and assist in annual budget creation and process planning for the organization's annual budget with the CEO. •Develop and manage contractor, vendor and government contracts in its entirety to ensure compliance. Manage vendor accounts to include accounts payable/receivable while also providing ongoing support by visiting key clients as needed. Manage and maintain current business relationships as well as assisting in developing and capturing new business to ensure continued growth. Extensive interface with clients to ensure client satisfaction. Key areas: operations management, customer service, all HR functions, vendor management, contracts management, business development both in the commercial & government sectors, accounts payable/receivable and safety and compliance. Travel as needed. Branch Manager III 2009 — 2012 Apria Healthcare Services (San Antonio, TX/Austin, TX/Victoria, TX) •Manage all aspects of healthcare/clinical & business operations in a clinical setting of high volume multi -site locations to include patient care management ranging from infant children to geriatric patients, branch management, staff management, and revenue cycle management. Manage client care organization to include any new or existing clinical programs to accommodate our patients & clients' needs. Responsible for planning & developing the entire branch's operational structure policies and procedures. Responsible for all departments of the branch to include clinical, customer service, logistics/fleet management, facility management, safety & compliance, as well as P&L responsibility for each branch to support the growth and development of the branch. Facilitate ongoing maintenance & repairs of each site's equipment and facility with frequent communication/follow up with all vendors. •Support the branch's financial management by frequently reviewing financial reports, managing par levels and inventory control, payroll completion and billing. Manage and oversee the ongoing functions of the branch while also providing sales support by collaborating with the sales team to identify & pursue new business opportunities. Direct, coordinate and administer the overall development of the branch while ensuring sales and margin targets are met. Responsible for a staff consisting of customer service specialists, respiratory therapists, clinical liaisons, patient service technicians, delivery technicians, supervisors, managers and account executives. Actively participate in procurement of external business while maintaining relationships with existing customers for continuation of repeat business and/or referrals for new business. •Ensure proper staff and branch compliance with federal and state regulations. Achieve all annual core product goals to ensure profitability of product mix. Ensure all regulatory requirements are met and compliant to ensure that audits/inspections are passed. Develop a competent, committed and confident workforce that consistently meets or exceeds performance expectations. Ensure that an excellent customer experience is delivered consistently to include high quality patient care. •Responsible for the onboarding process: hiring, terminating, assessing and managing performance, developing, training and managing branch employees. Effectively communicate the company's standards of practice and measure performance accordingly. Responsible for coordinating patient emergencies outside of normal work hours while minimizing any form of premium overtime pay. Accurately manage submission of payroll for non -exempts. Supervise and manage issues and concerns involving employees, patients, doctor's offices, hospitals & referral sources. Travel as needed. Area Operations Manager 2007 — 2009 Pitney Bowes Management Services (San Antonio, TX/ Austin, TX) •Responsible for the day to day operations of multi -unit departments in several sites. Provide onsite support services for the customer in a hospital environment which include materials management, facilities management, forms management, mail -room operations, inventory control and reprographic services for a large hospital system (4 hospitals) and for a large reputable insurance company (4 sites). •Coordinate and manage the maintenance of fleet vehicles for each site as well as facilitate ongoing maintenance & repairs of each site's equipment and facility with frequent communication/follow up with all vendors. Maintain constant contact with vendors to ensure contract compliance, proper billing and timely execution of orders. Sit as co- chair, recorder and point of contact for the Forms Committee as well as manage and maintain the minutes of monthly meetings. Plan, organize, manage and direct activities and/or tasks related to the overall operation and objectives of each site. Provide ongoing analysis and evaluation of services provided as well as employee performance to establish activities aimed at continuous process improvement. •Ensure that policies, procedures and guidelines are met while maintaining contact with the administrative and medical staff including physicians to ensure compliance. Maintain a high level of client contact, develop site personnel and maintain a cost effective and profitable site operation. Provide leadership, direction and motivation to all team members while providing quality service and ensuring customer satisfaction. Responsible for the financial budget of each site while continuously seeking new business opportunities. •Responsible for the onboarding process: Interview, select, hire and train new personnel; evaluate work performance of subordinate personnel and recommend personnel actions such as merit increases and promotions; resolve disciplinary matters and counsel with staff as necessary. Schedule employees' workload, maintain attendance and evaluation reports on all staff •Assist with a variety of special projects. Closely monitor and evaluate staff performance through observation and daily performance reports. Solve complex billing issues for the customer as well as vendors. Implement, enforce and maintain established departmental policies, procedures and objectives. Review performance in area of supervision in relation to established goals; assist in implementing changes to affect continual improvement in services provided. Responsible for the administering, directing and coordinating all operational, administrative, financial, personnel, clerical and purchasing activities of multi -sites. Maintain the highest levels of customer satisfaction while providing world class service. Travel as needed. Regional Director of Operations 1995 — 2007 Freeze Frame, L.L.C. (Nationwide) -Extensive experience in fast paced, multi -site operations management requiring high quality guest experience with financial performance accountability. Responsible for the entire process from opening a new location to closing a location. Manage multi -sites in different locations across the nation with over 250 direct and indirect reports with high volume sales at each location. -Manage daily, weekly and monthly budgets, sales reports, payroll, inventory and schedules for all locations. Maintained and ensured high levels of customer satisfaction while exceeding goals relating to sales, profitability and operating costs. Managed and maintained merchandise and inventory for each site by ensuring that proper levels of inventory were provided to each site. Maintained high levels of contact with customers as well as vendors to ensure timely arrivals of merchandise/inventory. Worked with outside organizations and provided managerial & logistical support as needed. -Manage and lead the recruitment process for multi -sites. Interview, hire, train, develop, discipline, mentor, coach and motivate all new and existing staff members including managers and supervisors. Perform monthly evaluations on each team member with possibilities of promotions and merit increases. Instruct, educate and guide new and existing managers with HR company policies, procedures and methods of practice including benefits. Managed & evaluated regional performance through sales, operating cost, inventory shrink, labor cost and other data analysis. •Responsible for contract administration, event coordination and activities of all services performed. Responsible for planning and managing multi -sites from the ground up which included ensuring an adequate location as well as all aspects of facilities management (Le. repairs, maintenance, electrician, plumbing, etc.). Assisted in ensuring that each site met standards by inspecting and surveying areas. Responsible for ensuring that all sites were properly maintained and enhanced where needed. •Responsible for alt areas and aspects of customer services as well as any loss prevention, customer or employee issues. Ensuring that quality service is provided while maintaining customer service at its highest standards. Responsible for making certain that sales met and/or exceeded budget while maintaining labor and costs below budget. Responsible for the timely collection of any owed balances from customers. Expert in re -building problematic sites to ensure and maintain a successful operation. Overall, manage, lead, guide and maintain each site along with its employees. Heavy travel. COMPUTER SKILLS -Microsoft• Office/Outlook/Excel/Power Point •Lotus Notes •Taleo •ACIS •Radix(EMR) •Meditech •Sharepoint •Quickbooks & PayCycle •Order Pro •Content Manager (EMR) EDUCATION •High School Diploma o Associates in Applied Science Rainbow Hills Baptist School, San Antonio, TX San Antonio College, San Antonio, TX •Six Sigma Green Belt Training o Bachelor's Degree- pursuing •PHR Certification — In process REFERENCES Available upon request David P. Wasserman, DO 1927 Lohman's Crossing, Suite200 Austin, TX 78734 512-263-1988 docdpw@gmail.com Summary ofQualifications • Physician in private practice for 10 years. • Board certified in Family Practice 1999 and recertification 2007. • Proven skills in medical diagnosis, care planning and preventive health maintenance. • Solid experience in business operations, including personnel management, contract negotiations, cost management and budgeting. Professional Experience Concentra Urgent Care • PRN physician • 2012 - Center Medical Director — Round Rock • 2013 - Promoted to Assistant Medical Director — Austin and Waco • 2015 - Promoted to Director of Medical Operations — Central, South, and West TX February 2011 - Present Family Practitioner / Urgent Care April 2007 -Present Lake Travis Medical Center • Sole owner/operator of urgent and family care private practice. Focus on the immediate and ongoing health careneeds ofthepeople in theLakeway area. Family and Urgent Care Physician Contractor March 2004 -April 2007 David P Wasserman, DO, PA • Established a new professional association for the purpose ofmaking myself available as an independent contractor. • Secured full-time contract employment as an independent physician, providing excellent medical care in several urgent care centers in the Austin area. • Focused on learning the business operations of an urgent care medical practice. Medical Director of Quality Round Rock Medical Center, Round Rock, Texas • Participate in reviews of hospital policies and procedures. March 2004 -October 2004 • Work with established quality management teams; liaise between committees on quality -related issues. Occupational Medicine Physician St. David's Occupational Health Clinic, Austin, Texas • Evaluated and treated patients suffering with job-related health issues. July 2002 —December 2003 • Developed plan of care for each patient, focusing on returning patient to work as quickly as possible. • Performed pre-employment physical examinations, drug screens, and immunizations. Associate Clinical Professor March 2000 -Present University ofNorth Texas Health Science Center, Fort Worth, Texas • Mentor 2""- through 4" --year medical students in primary care in a clinical environment. • Focus teaching on efficient medical history taking, problem -oriented diagnosis, treatment and follow-up care. Family Practitioner July 1999 -March 2004 Cornerwood Family Medicine Associates, Austin, Texas • Established and operated 2 -physician practice, growing patient base to over 6000. • Directed 12 -person staff in daily operations. • Renegotiated contracts with insurers, achieving significant increases in reimbursement rates. • Full staff privileges at Round Rock Medical Center, Round Rock, Texas, and St. David's Medical Center, Austin, Texas Licensure and Certification • State of Indiana, Unrestricted, 1997 • State of Texas, Unrestricted, 1999 • ACOFP Board Certification, 1999 Education Degrees University of North Texas, Fort Worth Texas, D.O. University of Dallas, Irving Texas, B.A. in Psychology Post -Graduate Training Westview Hospital, Indianapolis, Indiana Family practice residency. Served as Chief Resident 1998-1999. Indiana University Medical Center, Indianapolis, Indiana PGY-2, Physical Medicine and Rehabilitation Memorial Hospital, Johnson City,New York General rotating internship June 1995 June 1983 1997-1999 1996 -1997 1995-1996 Committee Work Credentials Committee, Round Rock Medical Center • Member for 3 years, Committee Chair for I year. • Reviewed physician and allied health applications for initial appointment and reappointment for staff privileges. Successfully prepared for and completed JCAHO review. Bylaws Committee, Round Rock Medical Center • Member for 2 years. • Worked to reformat and update hospital bylaws as they pertain to the physicians and support staff. Medical Executive Committee, Round Rock Medical Center • Member for 2 years. Active in membership to review all physician related committee workings including sanctions on critical issues that violated hospital policies and bylaws. Physician Oncology Education Program, Texas Medical Associations • Member for 2 years. • Assisted in the development in educational materials for primary care physicians concerning cancer prevention and early detection. References available upon request 1 4 ra j�osx+z- i «•crnw,vx ..+twvc•a�.� d -wwro»� a a • Ls -ssr TEXAS MEDICAL BOARD IDENTIFICATION CARD LICENSEIPERMIT NUMBER EXPIRATION DATE 1(7413 02/28/2017 DAVID P WASSERMAN, DO 117 LOUIS HENNA BLVD # 200 ROUND ROCK TX 78664-7343 PHYSICIAN FULL PERMIT TEXAS MEDICAL BOARD P.O. BOX 2029 • AUSTIN, TEXAS 78768-2029 PHYSICIAN FULL PERMIT LICENSE/PERMIT NUMBER 1(7413 DAVID P WASSERMAN, DO 117 LOUIS HENNA BLVD # 200 ROUND ROCK TX 78664-73438617 EXPIRATION DATE 02/28/2017 THIS CERTIFIES THAT THE LICENSEEIPERMIT HOLDER NAMED AND NUMBERED HEREON HAS PROVIDED THIS BOARD THE INFORMATION REQUIRED AND HAS PAID THE FEE FOR REGISTRATION FOR THE PERIOD INDICATED ABOVE PLEASE KEEP THIS BOARD NOTIFIED OF CHANGE OF ADDRESS pd r.r3 s:SSm+?'S 1Y?nt 5�ix?SYS�'r%S x,ti iue}Y.zzz.z:9t s y tiS rrv. rrvv•ry�• t i+.i �uxv��.5+'Srs`S���u���::;ti..✓r•r:4� �.,,>.r��5,.kk.',s�:•+}ii4.�+':•h; S El 1 S 4 S• `r_ tY Y-•* TEXAS CONTROLLED SUBSTANCES REGISTRATION CERTIFICATE TEXAS DEPARTMENT OF PUBLIC SAFETY fi3 REGULATORY SERVICES DIVISION, LICENSING AND REGISTRATION SERVICE Po i CONTROLLED SUBSTANCES REGISTRATION, PO Box 4087, AUSTIN, TEXAS 78773 DPVy,S REGISTRATION NUMBER DATE EXPIRED FEE PAID P9 R0110199 P9 .S` SCHEDULES 02/28/2017 YES BUSINESS ACTIVITY DATE ISSUED THE TEXAS CONTROLLED SUBSTANCES ACT, CHAPTER 481 OF THE HEALTH4.4wf ANO SAFETY CODE, PROVIDES THAT THE TEXAS DEPARTMENT OF PUBLIC ti; SAFETY TION OR MAT A w. CONTROLLED SUBSTANCES REGIY DENY A STRATION MAY BED SUBSTANCES SEUSPE OE OR REVOKED • 2, 2N, 3, 3N, 4, 5 PRACTITIONER 13 01/23!2015' 0 REGISTERED NAME AND ADDRESS A�i7 4.1 DAVID P WASSERMAN, DO �^q<�%V �v �j Sil 117 B LOUIS HENNA BLVD STE 200 `i�rl ROUND ROCK, TX 78664, fi F} t..:THIS REGISTRATION IS NOT TRANSFERABLE ON CHANGE OF OWNERSHIP, iq fi CONTROL, LOCATION, OR BUSINESS ACTIVITY AND NOT VALID AFTER THE fi� NAR•7!�9 .(}6.10Q) CERTIFICATE MUST BE READILY RETRIEVABLE AT ALL TIMES 9.1 EXPIRATION DATE. Aa4. v{.Ct.2(,K�.s.n,KyK � 4.t`•i.Ct4~ µ�`.lJ.�.� 4t'�y C�.C� 1'�'1SYyY. �}, y�q'y y� J ,y Jj `�'1� ) 4l`{ i�• tn.y{.{y%b•� 4'R1�.I.G.ChS4b..Ki..�i: i{h V A. %K�il»K .•V Cy'µ�� iii. `µC.itC,1,4y 4i4w! K �ti4 t4 �-Cfi.'CttitM-{.yt e fry"tir1%vxdrT: Sr:.,-,' Sr.SX.fi.:1;f4.�7.r�3r13�:ti-2.3`�SiM`.,37-Z3rS:0vr..'' 71:3 ni } TEXAS DEPARTMENT OF PUBLIC SAFETY gDPS REGISTRATION NUMBER DATE EXPIRED R0110199 02/28/2017 SCHEDULES fi 2, 2N, 3, 3N, 4, 5 PREGISTERED NAME AND ADDRESS A DAVIDP WASSERMAN, DO 2 O 117 B LOUIS HENNA BLVD STE 200 tl `' O ROUND ROCK, TX 78664 f; s„ .E.iii"Ea-."?..�".`'tiVt're::iv.4�?,itL1;Ze:.•."8.'g)illi<2.'t''iY•...'.Z8-.'yt.."t`.'{`^t''F....B 4 MAY -07-2013 12:19 CONCENTRA 5122559645 P.001 Concentra April 30, 2013 David P. Wasserman, DO 117-5 Louis Henna Boulevard Suite 200 Round Rock, TX 78664 Dear David P. Wasserman, DO: Our records indicate that the following certificate or license wlll expire odthe dateJndicatedh�low License Type State License # Expiration Date - I DEA Certificate TX BW5881417 05/31/2013 Please fax us a copy of your renewal certificate and/or license to 214-775-4515 so that we may update your records. Please note that proof of renewal must be received in the credentialing department on or before the expiration date noted above. Thank you for your prompt attention to this request. Very truly yours, ,loan Vara/feet Credentialing Services Department MAY -07-2013 12:19 CONCENTRA 6122559645 P.002 WASSERMAN, DAVID P CONCENTRA 117E LOUIS HENNA BLVD STE 20D . ROUND ROCK, TX 78664-0000-000 1 h1111,111111111111111111111 II 11111111111. III. I1 11.111111 DEA REGISTRATION THIS REGISTRATION FEE NUMBER EXPIRES • PAID BW5881417 05-31-2016 $731 SCHEDULES BUStNESSAMOY ISSUE DATE 2,2N, PRACTITIONER 04-18-2013 3,3N,4.5, WASSERMAN, DAVID PDO CONCENTRA 1176 LOUIS HENNA BLVD . STE 200 ROUND ROCK, TX 78664-0000 CONTROLLED SUBSTANCE REGISTRATION CERTIFICATE UNITED STATES DEPARTMENT OF JUSTICE DRUG ENFORCEMENT ADMINISTRATION WASHINGTON D.C. 20537 Sections 304 and 1008 (21 USC 824 and 958) of the Controlled Substances Act of 1970, as amended, provide that the.Attorney Genera! may revoke or suspend a registration to manufacture. distribute, dispenoe, import or export a controlled substance. THIS CERTIFICATE IS NOT TRANSFERABLE ON CHANGE OF OWNERSHIP, CONTROL, LOCATION, OR BUSINESS &CTIIA Y, AND 1T 15 NOT VALID AFTER THE EXPIRATION DATE. DEA REGISTRATION NUMBER CONTROLLED SUBSTANCE REGISTRATION CERTIFICATE UNITED STATES DEPARTMENT OF JUSTICE DRUG ENFORCEMENT ADMINISTRATION WASHINGTON D.C. 20537 THIS REGISTRATION EXPIRES FEE PAID BW5881417 05-31-2016 $731 SCHEDULES BUSINESS ACTMrY ISSUE DATE 2,2N, 3,3N,4,5, PRACTITIONER 04-18-2013 WASSERMAN, DAVID P DO CONCENTRA 117B LOUIS HENNA BLVD STE 200 ROUND ROCK, TX 78664-0000 Sections 304 and 1008 (21 USC 824 and 858) of the Controlled: Substances Act of 1970, as amended. provide that•the Attorney General may revoke or: suspend a registration to manufacture, distribute,) dispense, import or export a conteoned substance. THIS CERTIFICATE IS NOT TRANSFERABLE ON CHANGE OF OWNERSHIP, CONTROL LOCATION. OR BUSINESS ACTIVITY, AND IT IS NOT VALID AFTER THE EXPIRATION DATE. I TOTAT. P.0(12 Concentra City of Corpus Christi, TX • RFP No. 103 Employer-sponsored Wellness Clinic Technical Proposal Attachment 1 Sample Invoice Concentra Tax Id: Account: Invoice: Bill To: Date Balance: $64028.31 INVOICE Occupational Health Centers Remit To: of Ohio, P.A., Co. PO Box 31420 Cleveland, OH 44131-0420 (888) 476-0460 Invoice Date: 10/31/2015 - 10/31/2015 Date Printed: 02/04/2016 Location: PLEASE RETURN THIS PORTION WITH YOUR REMITTANCE. Name ! SSN / Charge Charge Pmts / PO Number Birth date Description Amount Adjmnts 10/31/2015 10/31/2015 10/31/2015 CS -Laboratory Fees 5.00 CS -Printing 646.64 CS -Physician Oversight 7910.36 50.25 hrs @ $157.42 10/31/2015 CS -Nurse Practitioner 13525.60 Quantity @ 176 10/31/2015 CS -Physical Therapist 9201.17 116.50 hrs @ $78.98 10/31/2015 CS -Nurse Manager 9255.84 Quantity @ 176 10/31/2015 EMT Day, 10/31/2015 EMT Day, 10/31/2015 EMT Night, 10/31/2015 EMT Night, CS -Over Time Pay 2161.05 58.47 hrs @ $36.96 CS -Emergency Medical Technician 11022.95 447.36 hrs @ $24.64 CS -Over Time Pay 1100.62 20.18 hrs @ $54.54 CS -Emergency Medical Technician 9199.08 Quantity @ 253 Balance Due: $64028.31 Remit To: Account: Inv Date: ANEEO Employer Occupational Health Centers of Ohio, P.A., Co. 10/31/2015 - 10/31/2015 We appreciate your business. For your convenience we accept all major credit cards. Please reference the invoice number when remitting payment. Please contact our Central Business Office at 888-476-0460 for additional information. PAYMENT DUE UPON RECEIPT Page: 1/1 City of Corpus Christi, TX ♦ RFP No. 103 Employer-sponsored Wellness Clinic Technical Proposal Attachment Client Case Studies 4.11 c a) o w 11025 CD -Q IZ) CLD O V3 .-5 o CU 4-• 6 Lil v) 2 c 6 --., ,__ ., -> a) i .44o a,... CO CL) cu o a® u in0 = • E o 0 -c E W Q a-) 3 N N Od N3 o aDO al 41 o to -O `j OC° ,z' °cT 0 d D O a a. c ` vlto 3 g w u a N , 0 Q., vNi ` N O N'> 3 c a". • a a' "C E° a c c c G O 2 a- " CU > 30 c N ; a, L • O • = O N a E g N °:3ac ccv EC�w O. L O as N 7 0 C_ U E u i+ Q E y O ei N O C N °1 X ... a1 10 C tn i i+ • v .� O 'V QJ U 0 O y .O O V • vs 0 G� ° • O V O a, N • OJ 0 3 El T • ° O C N O° Q. N U O O. ° 7` y C E a d 3 _N H� C N m G y • c v, L oV d 3° 1-• u O O 3 a� y 01 C C • N O -r .}r c C a m o E p o c li N o L �`a m _N - a N J Q d NO .0 O C C O y+ O Q! t �+- a t- E c c c = c a c oa, o y.ccr yoTa3 to Ni N 3 C �./ n• -o o m O a ami p v. O Cd V a1 d 7� y j 0 i 0 d t o n° �, 3 u u u 0 y o q(1--3) Concentra WW1' iwuy. 1 uulwine Pli tiu OUVI•'111111L'111 Financial impact Business relationship ■ Primary core fl Urgent care yC 0 d . c C C C 0 vi , y j G V 0 0 Op N v a, > O r N N w° i er ,, -4- 0 o o a, ar c uo `a, ° ` C. 0 .c o cc •N a, O tiL r 0 .° ..`'.. C -, 2 C 3 3 o al O V V °1 ° U m C07 y> •N O C r d ar T :a •) C G '> QL 0° 0 0 ° C .'c ° C �, G CL E .O c 6 . p E v •> N O N o a, c. 0 ..r, y c o 0 0 .- *- N E c ° -0 _c a o 2 ° Er n .-L ar E.' C E &,' .Ln E o 3 0 0 t .. ° .0 c r as u E C C .O > 0 3 p C `� ° o > o v tan o f ° u c a,-0 z 1 au,� >L v o 0 i L�tG Eo�r ¢'0 ,-a .-e 2 w� Ec ower costs for urgent core E 'o O V u O '0 E c u C O 'o a S o o. O O O N VI VI U LI o U 3 3 3 0 0 0 ower total claim costs 0 0 0 0 v, 0 03 an J N N Utilization of services " t hove been n '1n •- N C O a) O O N C O C A N ... 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C C u.0 U N p L p C N O 73'; 0 O 'O CEi/ ca. 0c:'v0 >, 3E CJ C. 3 C� O > C O ° >, a > ° o y c y' o'' " E ai E E o u° v+ u vi o - a >. a .O U C i > 2 `J O N N •0 O u L U O O j O 0 O G 0 G L @ L N a N Cl a° 0 r i c o n a r v er u 0 J N O 0 Lc al a, C o c E Eos �,yas o o v .c- 0 E O U u Q. 0 CL ° N C U r0 C 01 Q! G c L a.r C O E O Cl .- WR- N U al O 10 al o, o O O el a, 0'pp. -° N .D ai U O r. Qt 0°°• L T OCn p ° r d 'L C ° O, J N _ 0 p, G ° Chi 3 s v ° m y v •3 °G 0'` i tel O 0 o N O T d N d E a L o M • QJ T eeJi as o] 0 E w > m >_ 0 >,U c r v E n. o 0 c, 0 c, v CD � i E E o 0 QN w° v �' z o a w w u° t�f City of Dallas Table 1. City of Dallas Dallas is the third-largest city in Texas and the ninth -largest city in the U.S., and provides community services for approximately 1.3 million residents. Business Needs Quality medical care for employees Cost-effective. on-site medical services for all employees Reduction of workforce health care costs fevtlon r:omnanv rtiltiire arrninr1 hPtter health nractir.es Business Problem The City of Dallas oversees transportation services, economic development, police, fire and rescue services, code enforcement, public utility services, and much more. As one of the fastest growing cities in the nation, and the epicenter for multiple national and international businesses, managing all the needs of Dallas, TX requires a Targe workforce. With more than 12,500 employees, covering the health of the workforce while managing the tight constrains of a city budget meant looking for more innovative ways to maintain coverage while reducing costs. Leaders at the City of Dallas decided upon an on-site health care facility that is centrally -located and geared toward providing basic medical services, as well as health programs that would help improve the overall health and productivity of employees. City leaders identified a series of objectives for its on-site health clinic, as shown in Table 1. 1. Improve access to quality health and wellness services Provide convenient means to get preventive and urgent care 2. services 3. Improve the overall health of participants 4. Promote the City of Dallas' wellness program Provide health care to employees not currently enrolled under 5. the City's current plan 6. Reduce employee absenteeism 7. Support the City's mission to promote a caring culture 8. Reduce the City's overall health care spending "Once we get our employees into one of Concenira's facilities, we know they are receiving great care and are on the path to a quick recovery." "Concentra has been an excellent provider and valued partner in helping the City of Dallas improve the health of its employees, and lowering the cost of the City of Dallas' health care expenses. — David Gibson Buck Consulting Urgen 24% II N LISIA) City of Dallas Our Solution To help bring this center to reality, City officials selected Concentra to build, operate and staff the worksite center. Concentra's 15 community-based medical centers located throughout the Dallas -Fort Worth area offer additional resources to care for the city's employees, dependents, and retirees. Implemented in 2009, the Health and Wellness center at Dallas City Hall offers a variety of acute and urgent injury and illness care, health screening services, diagnostic testing, and preventive health services to improve the health and well- being of employees. Wellness services include disease prevention programs, health promotion and counseling, and employee health education. As part of the City's total plan design to reduce costs, providers at the center also write generic prescriptions for patients, as needed. Our Results Utilization numbers for the clinic have shown fairly consistent growth during the first year, including utilization of primary care, wellness, and urgent care services. On average, the clinic averages 25 patient visits per day, with the majority of services provided at a reduced rate for non -covered employees and no cost to employees enrolled in the City's health plan. Nearly 55 percent of visits are primary care, with wellness programs accounting for 20 percent of visits, and 12 percent for urgent care. The City's health plan, which is designed to increase the use of generic prescriptions, saw utilization of close to 63 percent. In comparison, 75 percent of prescriptions written through the clinic were for generics — creating an increase in the use of generic drugs by 12 percent. For two years prior to the implementation of the clinic, the City had seen its group health costs remain flat due to strategic cost reduction measures. Following the implementation of the clinic, total group health costs per plan members were reduced by nearly seven percent. Through various cost saving elements, including the Concentra Health and Wellness Center, the City saved $7.5M on against original plan estimates. First year cost savings related to the clinic alone, including additional gains in productivity as a result of the center, were $128,000. Additionally, first year co -pay savings for employees were more than $87,000. What's Next Given these first year trends, projected second year savings are estimated at $415,000. Based on the first-year savings, high utilization of services by employees, and enhancement of services, the City of Dallas and Concentra will be developing a clinic -based pharmacy benefit for employees in the second year. In addition Concentra will continue to provide wellness seminars to promote both individual educational needs, as well as increase clinic use. Concentra° Case Study: Mountaire Corporation Program Overview Location Millsboro, DE Industry Food processing Scope of Services Primary care, urgent care, biometric testing, immunizations, preventive exams, injury treatment, physical exams Eligible Participants 4,000 Hours of Operation Extended hours, Monday through Friday • Monday through Thursday: 8 a.m. — 7 p.m. • Friday, 8 a.m. — 5 p.m. Staffing Model • 1 Full-time Nurse Practitioner (40 hours per week) • 1 Part-time Nurse Practitioner (8 hours per week) • 1 Full-time Nurse Manager (40 hours per week) • 2 Full-time Medical Assistants (40 hours per week per Medical Assistant) • 1 PRN Nurse Practitioner • 2 PRN Medical Assistants • Physician oversight (two days per month) Highlights • Partnered with the client to develop a video series to display in the employee lunchroom that educates employees on the on-site services options, highlights the costs and conveniences of using the facility, and introduces them to various on-site staff members • Provide educational seminars to employees and dependents at no charge that address topics relating to the employer health plan's cost drivers (i.e., hypertension, diabetes, etc.) • On-site personnel perform mandatory biometric screenings during an employee's first use of the onsite's primary care/urgent care offering; as a result of the screening, the participants receive teachable moments (know your numbers) and/or are scheduled for follow-up appointments to elaborate on health education/management • Host "blitz days" for sports/school physicals in which the provider performs these exams all day, every 30 minutes • Offer chronic condition management services for the diabetic population to improve well-being Outcomes • 52% penetration in 2015 • 96% patient experience rating • 96.1% net promoter score • 99% wait time communication score • 97% generic medication prescribing • Produced a positive return on investment for the employer Program Description. We have managed and operated this client's onsite since 2010 where we serve a multi -cultural workforce and offer an extensive list of services that includes urgent care, preventive care, occupational health, and wellness. During our engagement, we have taken strides to streamline our staffing model and processes to best serve the needs of the eligible population through the enhanced care delivery available through the onsite. Examples of our efforts include: • Adjusting staff levels and hours of operation to support utilization increase and improve patient flow ■ Adding a nurse manager to assist in the daily operations and increase employee engagement • Regularly integrating with community partners to offer a broader range of services Success Stories. These efforts, along with ongoing collaboration between on-site staff, designated operational and clinical resources, and client leadership have resulted in positive outcomes for our patients as demonstrated by the following care stories: Patient 1 Male, 52 years old Diabetes is finally under control after struggling for years • 18 pounds lost • A1C level has dropped to 6.3 • Patient "feels like a million bucks" and has more energy Patient 2 • • • • Female, 53 years old Quit smoking after 36 years Asthma, bronchitis, and high blood pressure are resolved Patient "feels like a new person" and tells co-workers how much better she feels in hopes that she can inspire others Patient 3 • Male, 63 years old • Arrived at the onsite blind in one eye • On-site staff referred him to a specialist and following surgery patient is seeing clearly • Patient diagnosed with diabetes • As a result of ongoing support and counseling of on-site staff, the patient is now compliant and making positive choices • Quit smoking after almost 40 years Patient 4 • Male, 45 years old • Treated at the onsite for occupational health but based on medical history, was advised by on-site staff to see a cardiologist, follow up with his PCP, and consider a sleep study • Patient states, "You all probably saved my life. I don't know if I would still be here if I hadn't come here that day" Patient 5 • Male, 55 years old • Hypertensive driver sent for sleep study and is using Continuous Positive Airway Pressure (CPAP) therapy daily Patient states, "I am 100 times better and my whole outlook has changed" Patient 6 • Male, 64years old • Diagnosed with diabetes but is now compliant • More than 30 pounds lost • Quit smoking • Chronic bronchitis has been eliminated City of Corpus Christi, TX o RFP No. 103 Employer-sponsored Wellness Clinic Technical Proposal Executive Summary Executive Summary Viverae® is Concentra's fully integrated, comprehensive wellness partner that has been providing best in class wellness programming for leading companies across the country. Concentra and Viverae believe it is absolutely essential that the City of Corpus Christi's on-site clinic services be fully integrated with your health and wellness programming. Through our shared experience, integrating wellness within the on-site clinics creates a high impact program that improves the health of employees while significantly decreasing overall health care costs and is one of the most efficient uses of the City's budgeted health care dollars. In addition to the obvious financial advantage, but perhaps of equal importance, is the ability of this model to capture a larger portion of your population. Considering what Concentra and Viverae know about clients with similar demographics to Corpus Christi, it is essential to maximize each clinic visit. For example, if an employee visits the clinic for an occupational Injury/illness and the provider identifies high blood pressure, treating both conditions (though under different pathways) will ultimately lead to positive health outcomes. Concentra and Viverae also realize that some medical issues elongate the treatment time for occupational injuries (i.e., obesity can exacerbate a low back injury). Viverae's integrated wellness programs place a heavy emphasis on personal engagement. We at Viverae feel the key to helping move people from extrinsic to intrinsic motivation, or "owning" their own health, is in providing them with many different engagement options. We offer tools around total wellbeing (fitness, nutrition, weight management, financial, behavioral, etc.) and believe in providing each individual with the personal choice to work on the topics most relevant to them. Also, our programs create a positive social experience where motivation is not an individual endeavor and year-round participation is encouraged. Our wellness portal technology has been designed by and is wholly owned by Viverae. Every line of code was written by their in-house programmers. Consequently, we are able to design a custom program from the ground up to meet the specific needs of the City. The MyViveraei° member site features easy, one -click access for all content and features smart, branching technology which only brings forward content relevant to each individual. It includes personal care plan management, custom challenges, personalized video content and seamless integration with over 130 apps and devices. The program includes an evidence -based, proprietary Health Risk Assessment (HRA) that has been designed and is regularly updated by Viverae's in-house clinical team led by Medical Director, Dr. Boyd Lyles and Chief Clinical Officer, Dr. Jeff Brizzolara. Viverae has received Health Information Product (HIP) certification in two areas - Health Appraisal and Encouraging Wellness and Prevention by the National Committee for Quality Assurance (NCQA). We also offer biometric screening events that are completely staffed and managed by Viverae employees. Viverae handles all aspects of each event; communication, registration, coordination, flow, supplies, and set-up. Wireless tablet technology is utilized so each employee has instant access to their results (in the case of finger stick). These events are extremely efficient, with most employees completing the entire process in 15 minutes. In 2015, our average rating from screening participants was 94% or "very satisfied." Biometric data is also accepted via physician forms or third -party data feeds. Health Coaching has proven to be extremely effective when designed correctly Consequently, Viverae offers comprehensive lifestyle coaching through the Viverae Health Center. This telephonic outreach offers both unlimited inbound and targeted outreach coaching based on a member's health score. All Health Coaches hold degrees, are certified, and have professional experience in weight management, tobacco cessation, stress management, nutrition, physical activity, family wellness, and goal setting. Viverae's best -in -class, fully integrated Disease Management program experiences 8 to 10 times the engagement of traditional chronic care/disease management programs. This translates into medical and pharmacy cost savings for City sponsored health plan. This program is unique in that it manages an industry leading 22 conditions and utilizes all of the data points collected on members from our proprietary services (portal, screenings, health assessment, lifestyle coaching) in addition to medical and pharmacy claims. Since Viverae does not outsource any services, therefore, and are able to identify more members with chronic conditions earlier in the process and get them engaged in the program. Additionally, Viverae supports clients in designing an incentive structure that rewards members for being compliant with their conditions. This particular approach has been very successful in driving behavior change. Lastly, since this technology is completely integrated, Viverae offers some of the most sophisticated reporting capabilities you will find in the industry. Aggregate statistics, year - over -year comparison reports, participation statistics, incentive tracking and much more are available to you 24-7 through our Metrics on Demand feature. Back-office access lets the City not only view this data, but also create boardroom ready reports with ease. The City will hear more about Viverae's philosophy and see some of the things that make our integrated technology special within this submission and the attached demo. Viverae appreciates the chance to showcase our total population health solution to the City, and would welcome the opportunity to fully engage your employees in their own health. 10670 N. Central Expwy. Suite 700, Dallas. TX 75231 • 214-827-4400 • viverae.com 2016 Viverae. Inc. All riahts reserved. City of Corpus Christi, TX ♦ RFP No. 103 Employer-sponsored Wellness Clinic Technical Proposal Learning Library Overview March 14, 2016 Attachments MyVIverael, members enjoy a va;iely of educational resources uniquely designed to assist and enrich their health goals. Available through our Learning Library, these procrants can be accessed on multiple platforms 24 hours a day. Discover engaging Webinars, Online Courses. and Targeted Programs complete with interactive supplemental material. Explore essential infonnation cn a number of health topics including diet. exercise, and claly, motivation. Webinars Each month MyViverae introduces a new WEbinar and corresponding newsletter highlighting relevant health topics. Tlrese concise, entertaining programs are designed to both enlighten and inspire engagement, Each Webinar is followed by a supplemental quiz to promote ntotivation and basic comprehension. Explore practical health topics for evenyclaylife encompassing home; ;cork, and leisure pursuits. Online Courses =ft •Explore Online Courses designed to provide an educational overview ur r common a'eas of health and wellness. Each to•otgrarn is approximately 10 minutes in length and features a supplemental quiz. handouts, and worksneets Brat enhance the course experience. Certain courses are recommended based on a member's individual health report. Online Courses include: How to Start Making Changes. Changing daily habits can yield long-term health benefits. Change is difficult but not impossible, especially if you learn to adopt cognitive and behavioral skills. Readiness to chancre can be a deciding factor in determining where to start. 161414 lr. 1, -Pllyl Ervory_ ,UILC 74V. till Agb. I/ f7L]+ ! 11-e. tom Online Courses ... continued Blood Pressure: Healthy Habits Controlling blood pressure is important for health and longevity. High blood pressure is associated with serious health problems, including heart disease, stroke, kidney disease, and blindness. You can maintain normal blood pressure with lifestyle changes including healthy eating, physical activity, and sustaining a healthy weight. Physical Activity: Getting Going Regular physical activity produces many short-term and long-term health benefits. Physical activity does not have to be strenuous or done all at once. Reducing sedentary activities and increasing steps taken per day are good initial goals. Physical Activity: Keeping at It Making physical activity a priority is important for long-term success. Engaging in a variety of physical activities is key to enhancing fitness and preventing boredom. The primary types of physical fitness are cardiorespiratory fitness. muscular strength and endurance, and balance and flexibility. Healthy Eating: What is a Healthy Diet? Eating a variety of nutritious foods daily promotes good health. Understanding balanced nutrition can help you choose foods that meet nutrient needs, support an active life, and reduce the risk of chronic disease. Healthy Eating: Mindful & Portion Control To achieve and maintain goals for weight loss and better health, it's important to learn the difference between needing and wanting food. Triggers, including behaviors, feelings, thoughts and attitudes, and one's environment. can make it hard to make healthy food choices. Practicing portion control for every meal is important to avoid eating too much from any one food group. Weight Loss: Diet and Physical Activity Body Mass Index (BMI) is a ratio of weight to height. Weight management is a matter of calorie balance Expending more energy (calories) than you take in is the key to losing weight There is no "one size fits all" approach to diet and physical activity for weight loss. Preventing Diabetes Diabetes mellitus is a disease characterized by a lack of insulin or the inability to utilize insulin effectively. Health problems in long-term diabetics include cardiovascular disease, capillary damage, renal failure, neuropathy, blindness, and loss of limbs. Lifestyle factors that improve blood glucose and insulin levels include increasing physical activity, decreasing body fat (if needed), and consuming a healthy diet Lipids: Managing Your Risk Abnormal blood cholesterol levels are a major risk factor, and elevated blood triglycerides are a contributing factor, for coronary heart disease (CHD), the most common type of cardiovascular disease (CVD) Cholesterol is produced by the liver and obtained from the diet. Genetics, cliet, physical activity, percentage of body fat and distribution, stress, age, gentler, and other unknown factors determine blood cholesterol and triglyceride levels. Dietary modifications, increased physical activity, and smoking cessation can often improve blood cholesterol and triglyceride levels so that medications are not needed. 10570 N Canr,a1 Fxnwv RI !lip 700 57;1 =°4d-FL17-41,1110 A tdl anrRn corn Online Courses ...continued Stress Management Techniques Stress negatively affects health and quality of life. Learning practical coping methods and problem solving skills can help you manage the stress associated with everyday hassles as well as major life events. Physical activity and healthy eating can help you better cope with stress, and protect you from the negative health effects of stress. Tobacco: Are You Ready to Quit? Tobacco use is prevalent in both youth and adults, and is a significant public health problem. Tobacco use is harmful to your health and increases your risk for a variety of diseases, including cancer and heart disease. All forms of tobacco— cigarettes, cigars, pipe tobacco, and smokeless tobacco—leave associated health risks. There is no such thing as safe tobacco. Quitting is hard but not impossible, especially if you use medical, behavioral, and environmental strategies to help you. Life Satisfaction: My Plan to Take Control Life satisfaction includes one's assessment of personal and professional competence and well-being. Positive self- image elfimage and high self-esteem are associated viith good health and a positive life outlook. Identifying how satisfied you are with different life areas can help you see where and how to make life changes. Setting and achieving meaningful personal goals can help increase your life satisfaction. TargetedPrograms four lessons each) MyViverae's Targeted Programs feature a series of videos focusing on individual lifestyles to !yelp foster healthy changes. Each pr ngram consists of four consecutive weekly online sessions accompanied by educational handouts and si ipplementary quizzes. Targeted Program topics include Breaking Free From Tobacco This program is designed to encourage lifestyle habits that support tobacco cessation. The focus is on the understanding and developing of basic tobacco cessation principles. Members set personal goals and learn practical skills for behavior change. Reaching Your Healthy Weight This program is designed to both support and inspire practical weight management The emphasis is on Tong -term behavior changes in diet and exercise. Members set realistic goals based on their individual health and lifestyle needs. Focusing on Your Heart Develop a better understanding of heart health principles for a variety of lifestyle and health needs. This course highlights important dietary changes and exercises (including cardio fitness). It emphasizes essential nutrition goals as well as practical food preparation for healthier eating. Tackling Your Stress This program is designed to encourage lifestyle habits that support mindfulness and stress management. It focuses on reducing stress-related health risks and offers practical solutions for everyday well-being. 10670 N. Central Expwy.. Suite 700, Dallas, TX 75231 e 214-827-4400 • viverae.com 2016 OVvcrac. Inc All ROIL Rrcncd 0715066_PRO_LcarnLth Targeted Programs ...continued Taking Control of Your Diabetes Explore the essentials of diabetes management for improved health and daily living. This program emphasizes the role of diet, exercise, and motivation in diabetes management. It offers medical and lifestyle tips to reduce the risk of complications from diabetes. Strengthening Your Bones and Muscles Ensure you age gracefully (and actively) with a healthy musculoskeletal system. This program imparts skills for proper body mechanics. Emphasis is on practical diet and nutrition essentials for better musculoskeletal function. It is uniquely designed to fit individual health and lifestyle needs. Supporting Your Healthy Pregnancy This program is designed to encourage a healthy pregnancy for both mother and baby. The focus is on proper nutrition and easy, practical menu ideas. It offers exercise and daily physical activity tips for maximum health throughout the pregnancy. Building Your Exercise Routine Learn neve exercise and motivational skills for reaching fitness goals. This program focuses on the learning, and continued practice, of exercise techniques. It is designed to facilitate personal fitness goals in any environment. Food For Life Develop and maintain healthy eating habits for e lifetime. This program imparts a better understanding of healthy portion principles. Il offers tips on improving food, snack. and meal choices on an everyday basis. 10670 N. Central Expwy., Suite 700. Dallas, TX 75231 • 214-827-4400 • viverae.com 2016z' VNema. Inc AI Rght-, Reserved 0715666_PRO_LeamL,b Concen Lra City of Corpus Christi, TX ♦ RFP No. 103 Employer-sponsored Wellness Clinic Technical Proposal 2016 Health Topics Calendar Each month, My;/iverae' features a new Webinar and Newsletter that focuses on one of three topics: nutrilioi 4 fitness, or lifestyle. Slay Up to tate on '..stat topics are coming up in 201E using this calendar. NUTRITION Webinar. New Year — New Eating Resolutions Newsletter: Quick and Healthy Eating Tips LIFESTYLE Webinar. How slouch Seep Do You Really Need Newsletter: Steep Deprivation and Stress FITNESS WebInar: Get to Stepping— Track Activity with a Pedometer Newsletter. Walking Off the Weight LIFESTYLE Webinar. Why It's Important to Take Time Off Newsletter: Do You Know How to Cope withJob Stress? FITNESS Webinar: 5 Ways Out of an Exercise Rut Newsletter: Finding the Right Athletic Shoe LIFESTYLE Webinar. How to Manage Everyday Anxiety Newsletter: Managing Stress — You Aren't Alone NUTRITION Web inar 5 Tips for HeaIuiy Grocery Shopping Newsletter. Easing Healthy n a Hurry NUTRITION Webinar: 5 Mind•Over•Matter Tricks to Help you Curb Calories Newsletter: Hoy: Much Do You Know About Portion Size? NUTRITION Webinar. How Pick Produce Newsletter. Fruits and Vegetables — When to Go Organic NUTRITION Webinar. 5 Way's to Reinforce Good Eating Habits Newsletter:8 Keys to Weight Loss Success LIFESTYLE Webinar: Risks and Signs af Gurn Disease Newsletter. Don't Fear the Dentist — How to Find One FITNESS Webinar. 5 Ways to Boost Workout Motivation Newsletter: Making Fitness a Healthy Habil 1 ., �'e�t•i '� '• - 7-1 .' IF :OS VrrtraRrnt Al Faris Pcarwei 041515 _COJ.Mrt„cal 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: 2016-21248 Date Filed: 03/03/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Concentra Health Services, Inc. Addison, 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. 103 Employer-Sponsored Wellness Clinic 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 Ai, 1 I1 %� ^ kisi, aiirtof a EBONY EURSEL DANIEL Expires October 29.2017 *October swear, or affirm, under p- nalty of perjury, � at th above disclosure is true anorrect. ' ' ' ' 4 Kei n NewtO resident and Chief Executive Officer Sign. re of authorized agent of con business entity AFFIX NOTARY STAMP / SEAL ABOVE sti 4 .Nt} j{^t Y� }� ,y�� Sworn+ and subscribed before me, by the said ?lerS 1� " 2Yt, this the 'S.+ day off + �'L M -to Of 20 1 6 , to certify which, witness my hand and seal of office. Of f l ak- b (4% �k beticyrnat 9Paval( Signature of sSGcsa: administering oath Printed e ofadministering oath Title of oadministering oath Nate IVO f lr a9 Nat441 Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.312 Attachment C: Fee Schedule City of Corpus Christi Estimated Program Costs Start-up Costs Network Installation Data Feed One Time One Time One Time One Time One Time Fee Fee Fee Fee Fee $10,500 $7,000 Technology/Software Licenses $16,000 Implementation Fee $26,000 TOTAL START-UP COSTS $59,500 $0 $0 $0 $0 Labor Costs Year One Year Two Year Three Year Four Year Five Physician Oversight - 0.16 FTE $66,560 $69,888 $73,382 $77,051 $80,904 Nurse Practitioner/APN -1.6 FTE $259,000 $271,950 $285,548 $299,825 $314,816 Medical Assistant - 2 FTE $111,000 $116,550 $122,378 $128,497 $134,922 TOTAL LABOR COSTS $436,560 $458,388 $481,308 $505,373 $530,642 Ongoing Fees Year One Year Two Year Three Year Four Year Five Network Connectivity $8,300 $8,715 $9,151 $9,609 $10,089 Equipment Lease $4,000 $4,200 $4,410 $4,631 $4,863 Technology Fee $16,000 $16,800 $17,640 $18,522 $19,448 Management Fee $80,500 $84,525 $88,751 $93,189 $97,848 TOTAL ONGOING FIXED FEES $108,800 $114,240 $119,952 $125,951 $132,248 Estimated Pass-through Costs Year One Year Two Year Three Year Four Year Five Estimated Medical Supplies $25,000 $25,750 $26,523 $27,319 $28,139 Estimated Laboratory $66,000 $67,980 $70,019 $72,120 $74,284 Estimated Office $12,000 $12,360 $12,731 $13,113 $13,506 Supplies/Admin/Travel/Other TOTAL PASSTHROUGH COSTS $103,000 $106,090 $109,273 $112,552 $115,929 ESTIMATED ANNUAL COSTS $707,860 $678,718 $710,533 $743,876 $778,819 Optional Disease Management and $5.60 $5.60 $5.60 $5.60 $5.60 Wellness Programming (Viverae) - PEPM 213 Attachment D: Insurance Requirements INSURANCE REQUIREMENTS I. PROPOSER'S LIABILITY INSURANCE A. Proposer must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Proposer must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Proposer must furnish to the City's Risk Manager and Director of Human Resources, one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation by endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Proposers 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate MEDICAL PROFESSIONAL LIABILITY including: Coverage provided shall cover all physicians, nurses, assistants, officers, directors, employees and agents 1. Medical Malpractice 2. Errors and Omissions $1,000,000 per claim / $2,000,000 aggregate (Defense costs not included in 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 an Insured AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit 215 WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Proposer 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, Proposer 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 Proposer will be promptly met. An All States Endorsement shall be required if Proposer is not domiciled in the State of Texas. B. Proposer shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Proposer'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. Proposer 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 Proposer or as requested by the City. Proposer 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. Proposer 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; 216 • 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, Proposer shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Proposer'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 Proposer'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 Proposer to stop work hereunder, and/or withhold any payment(s) which become due to Proposer hereunder until Proposer demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Proposer may be held responsible for payments of damages to persons or property resulting from Proposer's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Proposers 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 Human Resources. Employer Sponsored Wellness Clinic Services Agreement 2/11/2016 ds Risk Management 217 AGENDA MEMORANDUM Future Item for the City Council Meeting of April 12, 2016 Action Item for the City Council Meeting of April 19, 2016 DATE: TO: Ronald L. Olson, City Manager March 18, 2016 FROM: Alyssa M. Barrera, Business Liaison — City Manager's Office AlyssaB@cctexas.com (361) 826-3356 Second Amended Interlocal Agreement with Del Mar College District for Tax Increment Reinvestment Zone Three. CAPTION: Resolution authorizing the City Manager to execute a Second Amended Interlocal Cooperation Agreement with Del Mar College District relating to the participation of the City and Del Mar College District in Reinvestment Zone Three, City of Corpus Christi, Texas. PURPOSE: The purpose of this item is to codify Del Mar College Board of Regents action to extend participation in TIRZ #3 until 2028. BACKGROUND AND FINDINGS: On December 16, 2008, the City of Corpus Christi approved an Ordinance creating Tax Increment Financing District Three. In 2009, Del Mar College District and Nueces County joined the City in funding TIRZ #3. Nueces County's commitment was through 2028, and Del Mar's was through 2018. Through recent re -activation of the TIRZ, it became evident that Del Mar's participation through 2028 would be necessary for accomplishing revitalization. The long-term partnership of the City, County and Del Mar College gives our community a competitive position to attract investment in our greater downtown area. On March 8, 2016, Del Mar's Board of Regents motioned to extend their participation in the Zone. ALTERNATIVES: None OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: N/A 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): N/A Comments: RECOMMENDATION: Staff recommends approval of the resolution LIST OF SUPPORTING DOCUMENTS: Resolution — Del Mar College Second Amended Interlocal Agreement for TIRZ #3 Second Amended Interlocal Agreement — Del Mar College District - TIRZ #3 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDED INTERLOCAL COOPERATION AGREEMENT WITH DEL MAR COLLEGE DISTRICT RELATING TO THE PARTICIPATION OF THE CITY AND DEL MAR COLLEGE DISTRICT IN REINVESTMENT ZONE THREE, CITY OF CORPUS CHRISTI, TEXAS NOW THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager is authorized to execute an amended interlocal cooperation agreement with Del Mar College District relating to the participation of the City and Del Mar College District in Reinvestment Zone Three, City of Corpus Christi, Texas. SECTION 2. The City Manager is authorized to make editorial and non -substantive modifications and execute amendments to the interlocal cooperation agreement without the further approval of the City Council that do not require the appropriation of additional funds or exceed the City Manager's authority to amend contracts, including, but not limited to, time extensions, modifications to schedule, or modifications in scope of work that will be undertaken by Reinvestment Zone Three, City of Corpus Christi, Texas. Adopted this the day of , 2016. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Corpus Christi, Texas Page 1 of 2 Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Page 2 of 2 SECOND AMENDED INTERLOCAL AGREEMENT DEL MAR COLLEGE DISTRICT — TAX INCREMENT REINVESTMENT ZONE #3 This Interlocal Agreement ("Agreement") is made between the City of Corpus Christi (the "City"), a municipal corporation and home -rule city of the State of Texas, acting by and through its governing body, the City Council, and Del Mar College District ("Del Mar"), a political subdivision of the State of Texas, acting by and through its governing body, the Board of Regents. This Agreement is made under Chapter 791, Texas Government Code, and Chapter 311, Texas Tax Code, for the participation of the City and Del Mar in Reinvestment Zone Three, City of Corpus Christi, Texas ("Reinvestment Zone"). Whereas, an original interlocal agreement ("Original Agreement") was entered into by and between the City and Del Mar and approved by the City Council by Resolution No. 028421 on November 17, 2009. Whereas, such agreement was amended on March 20, 2012 and approved by the City Council by Ordinance No. 029403 on March 27, 2012. Whereas, the purpose of this Second Amended Interlocal Agreement is to extend the period of time during which Del Mar's Tax Increment Participation will be contributed into the Tax Increment Fund. The parties hereby agree as follows: Section 1. DEFINITIONS. (a) As used in this Agreement, the following terms have the meanings set out below. "Agreement" means this agreement between the City and Del Mar. "Agreement Term" is defined in Section 4. "Captured Appraised Value" has the meaning ascribed by Chapter 311, Texas Tax Code. "City" is defined in the preamble of this agreement, "City's Tax Increment Participation" means an amount of the City's ad valorem tax levy on the Captured Appraised Value, which the City agrees to contribute to the Reinvestment Zone under Sections 3 and 4 of this Agreement. "Del Mar" is defined in the preamble of this agreement. "Del Mar's Tax Increment Participation" means an amount of the ad valorem taxes levied by Del Mar, acting through its Board of Regents, on the Captured Appraised Value, which Del Mar agrees to contribute to the Reinvestment Zone under Sections 3 and 4 of this Agreement. "Creation Ordinance" means Ordinance No. 027996, adopted by the City Council of the City on second reading at its December 16, 2008, meeting, as amended by Ordinance No. 029403, adopted by the City Council at its March 27, 2012, meeting. "Plan" means the project plan and reinvestment zone financing plan for the Reinvestment Zone, which are adopted by the board of directors of the Reinvestment Zone and approved by the City Council of the City. "Reinvestment Zone" means Reinvestment Zone Three, City of Corpus Christi, Texas, created by the Creation Ordinance, incorporated herein by reference. "Reinvestment Zone Area" means the area of the City included in the Reinvestment Zone as described in the Creation Ordinance. "Tax Increment" has the meaning ascribed by Chapter 311, Texas Tax Code. "Tax Increment Fund" means the tax increment fund created by the City in the City Treasury for the Reinvestment Zone. (b) Terms in this agreement not otherwise defined have the meanings ascribed to them by Chapter 311, Texas Tax Code. Section 2. PURPOSE FOR PARTICIPATING IN THE ZONE. The City and Del Mar desire to participate in the Reinvestment Zone for the purposes of development in the Reinvestment Zone Area under the Plan, for their mutual benefit and the benefit of their citizens. Section 3. OBLIGATIONS OF THE CITY AND DEL MAR. (a) Tax Increment Participation. For and in consideration of the agreements of the parties set forth in this Agreement, the City and Del Mar agree to participate in the Reinvestment Zone by each contributing into the Tax Increment Fund one hundred percent (100%) of its Tax Increment each year during the term of this Agreement on the Captured Appraised Value of real property within the Reinvestment Zone. The current tax rates of the City and Del Mar are subject to change and the respective Tax Increment Participation pledged in this Agreement shall change to the extent of any change in their tax rates. (b) Payment Dates. The City and Del Mar may not be obliged to pay their respective Tax Increment Participation from other City or Del Mar tax revenues or until the City or Del Mar Tax Increment Participation is actually collected. The obligation to pay the City or Del Mar Tax increment Participation commences as taxes representing the City or Del Mar tax increment are collected for the City or Del Mar and payment shall be due fifteen (15) days after collection. Section 4. TERM OF AGREEMENT. (a) This Agreement becomes effective as of the date of the final signature to this Agreement, and remains in effect through the earlier of (i) December 31, 2028, or (ii) the date on which the Plan has been fully implemented and all Project Costs (as defined in 3110.02, Texas Tax Code, and as may be further limited in the Plan), bonds, notes, or other obligations secured by or payable from, in whole or in part, Tax Increment (referred to in this Agreement as "obligations"), and interest on the obligations payable from Tax Increment collected on the Captured Appraised Value of the real property within the Reinvestment Zone have been paid in full. (b) The first payment of Tax increment by the City under this Agreement is based upon the tax increment base for the property within the Zone being determined as of January 1, 2008, and the payment shall be based upon those taxes as levied in the year 2008. The first payment of Tax Increment by Def Mar under this Agreement is based upon the tax increment base for the property within the Zone being determined as of January 1, 2009, and the payment shall be based upon those taxes as levied in the year 2009. The last payment of Tax increment by Del Mar under this Agreement is for those taxes levied in the year 2028. (c) if the project to be undertaken under the Plan is not undertaken, is discontinued, or is terminated, all monies remaining in the Tax Increment Fund, after satisfaction of lawful claims, must be paid to the participating taxing units in proportion to their respective share of the total amount of tax increments derived from taxable real property in the Zone that were deposited in the Tax Increment Fund during the Fund's existence. In no event shall payment of monies to the participating taxing units exceed ninety (90) days. Section 5. ANNUAL REPORT. On or before the 90th day following the end of the fiscal year of the City, the governing body of the City shall submit to the chief executive officer of each taxing unit that levies property taxes on real property in a reinvestment zone created by the City, including Del Mar, a report on the status of the zone. The contents of the report must contain all information required under section 311.016 of the Texas Tax Code. Section 6. MISCELLANEOUS. (a) Implementation. The City Manager and President of Del Mar are authorized and directed to take all steps necessary or convenient to implement this Agreement. (b) Warranty. This Agreement has been officially authorized by the governing body of the City and Del Mar, and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective party to this Agreement. (c) Expending Funds. Any payment made by the City or Del Mar for any of the costs or expenses that either incurs under this Agreement must be made out of current revenues available to the paying party as required by the Interfocal Cooperation Act. (d) Severability, If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the provision shall be stricken, and all other provisions of this Agreement which can operate independently of such stricken provision shall continue to have full force and effect. (e) Non -Waiver. Failure of any party to this Agreement to insist on the strict performance of any of the agreements in this Agreement or to exercise any rights or remedies accruing under this Agreement upon default or failure of performance may not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation under this Agreement, or to exercise any right or remedy occurring as a result of any future default or failure of performance. (f) (g) Immunity Not Waived. Nothing in this Agreement is intended, nor may it be deemed, to waive any governmental, official, or other immunity or defense of any of the Parties or their officers, employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement. Notices. Any notice, invoice, order or other correspondence required to be sent under this Agreement shall be sent by first-class U.S. mail addressed to: Del Mar College Dr. Mark Escamilla President Del Mar College 101 Baldwin Corpus Christi, Texas 78404 City Ronald L. Olson City Manager City of Corpus Christi 1201 Leopard P.O. Box 9277 Corpus Christi, Texas 78469-9277 (h) Entire Agreement. This Agreement merges the prior negotiations and understandings of the parties to this Agreement and embodies the entire agreement of the parties, and there are no other agreements, assurances, conditions, covenants (express or implied), or other terms with respect to the covenants, whether written or verbal, antecedent, or contemporaneous, with the execution of this Agreement. (i) Amendments or Counterparts. This Agreement may not be amended except by written Agreement approved by the governing bodies of the parties. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original all of which shall constitute but one and the same instrument. (j) Successors. This Agreement binds and benefits the parties and their legal successors. This Agreement does not create any personal liability on the part of any officer or agent of the City or Reinvestment Zone or any officer, agent, or employee of Del Mar_ (k) Modifications. No officer or employee of any of the parties may waive or otherwise modify the terms in this Agreement, without the express action of the governing body of the Party. (I) Captions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. (m) Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas and by all municipal ordinances and codes of the City of Corpus Christi and Nueces County, Texas. Venue shall be in Nueces County, Texas. IN WITNESS OF THIS AGREEMENT, the City and Del Mar have made and executed this Agreement in multiple copies, each of which is an original. CITY OF CORPUS CHRISTI Ronald L. Olson City Manager Date: ee-ev ...) ATTEST/SEAL: APPROVED AS TO FORM: Rebecca Huerta Aimee Alcorn -Reed City Secretary Assistant City Attorney Date: For City Attorney DEL MAR COLLEGE DISTRICT L2' rk Escamilla, Ph.D resident Date: THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on / l ,G.rC, 2016, by Mark Escamilla, Ph.D, for Del Mar College, a political subdivision of the State of Texas, on behalf of the college district. Notary Public State of Texas DELIA 6. PERE Notary Public, State al Texas My Commission Expires 12/10/2018 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of April 12, 2016 Second Reading for the City Council Meeting of April 19, 2016 DATE: March 22, 2016 TO: Ronald L. Olson, City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 2918, 2922, 2926 and 2930 Highland Avenue CAPTION: Case No. 0216-02 Julio C. and Minerva E. Reyna and Jose Luis Rodriquez and Maria Juliana Luna: A change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -6" Single -Family 6 District. The property is described as being Lot Nos. 23-B, 24-B, 25-B and 25, Block 6, Montrose Park, located near the northeast corner of Highland Avenue and Duncan Street. PURPOSE: The purpose of this item is to rezone the property to allow single-family uses. RECOMMENDATION: Planning Commission and Staff Recommendation: Approval of the change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -6" Single -Family 6 District. Vote Results: For: Unanimous Against: 0 Absent: 3 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicants are requesting a rezoning from the "CN -1" Neighborhood Commercial District to the "RS -6" Single -Family 6 District to bring existing residential uses into conformity and to allow future single-family uses. The subject properties have been zoned "CN -1" Neighborhood Commercial District since prior to 1965. At the time the properties were zoned, residential uses were permitted in the "CN -1" District. Upon adoption of the Unified Development Code in 2011, the residential uses became nonconforming as single-family uses are no longer permitted in the "CN -1" District. It is staff's opinion that changing the Future Land Use Map to reflect the existing land uses is appropriate and that the proposed rezoning would not negatively impact the surrounding properties. An "RS -6" Single -Family 6 District is compatible given the existing land uses and the longevity of those uses on the subject properties and the immediate vicinity. A rezoning to the "RS -6" Single -Family 6 District will not have a negative impact as it will establish the existing residential uses as permitted uses outright as opposed to existing as a nonconforming use subject to the constraints of a nonconforming use, such as not being able to reconstruct the dwelling if it is destroyed by natural causes. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Westside Area Development Plan (ADP). The proposed rezoning to the "RS -6" Single -Family 6 District is not consistent with Future Land Use Map, however, consideration for changing the Future Land Use Map is warranted. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Julio C. and Minerva E. Reyna and Jose Luis Rodriguez and Maria Juliana Luna ("Owners"), by changing the UDC Zoning Map in reference to Lot Nos. 23-B, 24-B, 25-B and 25, Block 6, Montrose Park, from the "CN -1" Neighborhood Commercial District to the "RS -6" Single -Family 6 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Julio C. and Minerva E. Reyna and Jose Luis Rodriguez and Maria Juliana Luna ("Owners"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 9, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "RS -6" Single -Family 6 District, and on Tuesday, April 12, 2016, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Julio C. and Minerva E. Reyna and Jose Luis Rodriguez and Maria Juliana Luna ("Owners"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lot Nos. 23-B, 24-B, 25-B and 25, Block 6, Montrose Park, located near the northeast corner of Highland Avenue and Duncan Street (the "Property"), from the "CN -1" Neighborhood Commercial District to the "RS -6" Single -Family 6 District (Zoning Map No. 047043), as shown in Exhibit "A". Exhibit A, which is a map of the property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. The City's Future Land Use Map, an element of the Comprehensive Plan, is amended to designate the Property for low density residential land uses. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance_0216-02 Julio and Minerva Reyna Page 2 of 2 1 RS -6 00 M 00 ti R'S PE 00 ti a 00 00 ti ti 00 N N —CHIPPEWA ST ,til V/ LU 0 J 0 N DCGs2 00 N - ESPINOSA ST N 00 N —SOD a SABINAS S 00 M N 0 4 Z W m r W 00 800 ,Feet 00 N 00 n c O 00 ti n ti Vl NI Z J W 00 N 00 00 Date Created: 2/10/2016 Prepared By: JeremyM Dsparti eI t of Development Services CASE: 0216-02 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home LEOPARD SUBJECT �► PROPERTY MORGAN 0 0 41, 1 LOCATION MAP City of Corpus Christi Exhibit "A" Aerial Overview Aerial PLANNING COMMISSION FINAL REPORT Case No. 0216-02 HTE No. 16-10000004 Planning Commission Hearing Date: March 9, 2016 Applicant & Legal Description Applicant/Owner: Julio and Minerva Reyna and Jose Luis Rodriguez and Maria Juliana Luna Legal Description/Location: Lot Nos. 23-B, 24-B, 25-B and 25, Block 6, Montrose Park, located near the northeast corner of Highland Avenue and Duncan Street. Zoning Request From: "CN -1" Neighborhood Commercial District To: "RS -6" Single -Family 6 District Area: 0.56 acres Purpose of Request: To bring existing residential use into conformity and to allow future single-family uses. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "CN -1" Neighborhood Commercial Low Density Residential and Vacant Commercial North "RS -6" Single -Family 6 Low Density Residential Low Density Residential South "CN -1" Neighborhood Commercial Commercial Commercial East "RS -6" Single -Family 6 Low Density Residential Low Density Residential West "CN -1" Neighborhood Commercial Vacant Commercial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Westside Area Development Plan. The Future Land Use Map shows the property is planned for commercial uses. The proposed rezoning to the "RS -6" Single -Family 6 District is not consistent with the adopted Future Land Use Map. Map No.:047043 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 210 feet of street frontage along Highland Avenue, which is a local residential street. The property is located near the northeast corner of Highland Avenue and Duncan Street. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Highland Avenue Local Residential 50' ROW 28' paved 60' ROW 28' paved N/A Staff Summary: Requested Zoning: The applicants are requesting a rezoning from the "CN -1" Neighborhood Commercial District to the "RS -6" Single -Family 6 District. Development Plan: Two single-family dwellings exist on the subject properties and one of the landowners hopes to build a new single-family dwelling on Lot 23B. The applicants are requesting the rezoning to establish the existing residential uses as a permitted use outright, in lieu of, continuing the use as a nonconforming use with the inherent constraints of a nonconforming use. Such constraints pertain to the ability to expand the square footage of existing structures or to repair or replace such structures if more than 50% of the structure is damaged. The property owners of Lots 23-B, 24-B and 25-B also seeks the rezoning for the purpose of bringing the property into compliance with respect to residential development requirements pertaining to accessory structures. The applicants have multiple storage containers on the subject lots which they seek to replace with sheds for storage of personal household goods. The applicants note an intention to replat two of the subject lots into one lot pursuant to approval of the zoning in order to conform with Unified Development Code (U.D.C.) as it pertains to the requirement that accessory structures be located on the same lot as the primary structure. It is important to note that permitting of unpermitted structures is required and such will be reviewed in accordance with U.D.C. and applicable construction code requirements. Existing Land Uses & Zoning: The subject property is zoned "CN -1" Neighborhood Commercial District and consists of four lots with a low density residential use on two of the four. To the north of the subject property are low density uses zoned "RS -6" Single - Family 6. A boarded up commercial use exists to the south in the "CN -1" Neighborhood Commercial District. To the east, still in the "CN -1" Neighborhood Commercial District, is vacant land and to the west in the "RS -6" Single -Family 6 District are low density residential uses. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is comprised of four platted lots. Comprehensive Plan & Area Development Plan Consistency: The Future Land Use Map designates the subject lots as suitable for Commercial Uses. The subject property Planning Commission Final Report Page 3 is located within the boundaries of the Westside Area Development Plan (ADP). The proposed rezoning to the "RS -6" Single -Family 6 District is not consistent with Future Land Use Map, however, consideration for changing the Future Land Use Map is warranted. The subject properties have been zoned "CN -1" Neighborhood Commercial District since prior to 1965. At the time the properties were zoned, residential uses were permitted in the "CN -1" District. Upon adoption of the U.D.C. in 2011, the residential uses became nonconforming as residential uses are no longer permitted in the "CN -1" District. It is plausible to conclude that the Future Land Use Map designated the subject properties for commercial uses based on the zoning designation of the properties and not based on the existing land uses. An analysis of existing land uses of the subject properties and other properties in the immediate vicinity indicates that it may be more appropriate to change the Future Land Use map to reflect the existing uses. Department Comments: • Changing the Future Land Use Map to reflect the existing land uses is appropriate. • It is staff's opinion that the proposed rezoning would not negatively impact the surrounding properties. • An "RS -6" Single -Family 6 District is appropriate given the existing land uses and the longevity of those uses on the subject properties and the immediate vicinity. • A rezoning to the "RS -6" Single -Family 6 District will establish the existing residential uses as permitted uses outright as opposed to existing as a nonconforming use subject to the constraints of a nonconforming use, such as not being able to reconstruct the dwelling if it is destroyed by natural causes. • The rezoning is applicable to the designation of the properties and does not constitute approval of any unpermitted structures on the subject properties. o Subsequent application processes and review will determine the permitting requirements thereof. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -6" Single -Family 6 District. Vote: For: 6 Against: 0 Absent: 2 Planning Commission Final Report Page 4 Public Notification Number of Notices Mailed — 44 within 200 -foot notification area 4 outside notification area As of March 22, 2016: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 1 inside notification area — 0 outside notification area Totaling 1.03% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Application 3. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\0216-02 Julio and Minerva Reyna\Council Documents\Report for CC.docx 1 RS -6 h M e N 1 00 N 4 N V11 'GGs2 CN A1C RUTH ST 1 N N —CHIPPEWA ST h N RrM-3 y�M a " " J� P 10 41 33 *1St RS -T as 1,4:7 30 8PR3DEJECT OPERTYm N 041 > -ESPINOSA ST N 00 N —SOD a O (II�ww Vl Z 1-1 VCO VI O M N ,°•.1 O H m • 800 Feet h VERBENA ST BUFORD AVE 61 00 M O N N O 00 N ti h N r N (n 07 —J W ti ti ti O 00 N h Date Created: 2/10/2016 Prepared By: JeremyM Dsparti eI t of Development Services CASE: 0216-02 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition LEOPARD SUBJECT PROPERTY MORGAN k0'94 4 rS6 / 1N 1 LOCATION MAP City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 926-3240 Located at 2406 Leopard Street en REZONING APPLICATION Case No.: 0216-02 PC Hearing Date: Feb. 24, 2016 Map No.: Proj.Mgr: Hearing Location: City Hall. Council Chambers, 1201 Leopard Street Hearing Time: 5:30 P.M. "A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. • INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. Applicant Julio and Minerva Reyna Contact Person : Minerva Reyna mailing Address:2922 Highland Ave. City: Cor us Christi Sta•e• TX ZIP: 78405 Phone: ( 361 )443-0473 E -m Cell: (same) Property Owner(s): Julio C. Reyna, Minerva E. Reyna, Jose Luh Rodriguez, and Marla Juliana Luna Contact Person :Minerva Reyna Mailing Address: 2922 Highland Ave & 2918 Highland Ave. city:Corpus Christi State:TX zip: 78405 Phone: (361 )443-0473 E-mail: Cell: ( same ) Subject Property Address. 2922 Highland Ave & 2918 Highland Ave. Area of Request (SF/acres): apProx. 24,394 SF Current Zoning Use. CN -1 Zone / Single -Family Use proposed Zoning use. RS -6 Zone / Single -Family Use 12 -Digit Nunes County Tax ID: - Subdivision Name: Montrose Park Legal Description if not platted. Na Block: 6 23B, 24B, 25B, 25 Lot(s): Submittal Requirements, ❑ Early Assistance Meeting Date Held , with City Staff ❑ Land Use Statement IN Disclosure of Interest 0 Copy of Warranty Deed IF APPLICABLE ❑ Peak Hour Trip Form (if request is inconsistent with Future Land Use Plan) 0 Site Plan for PUD or Special Permit 0 Metes & Bounds Description with exhibit if property indudes un -platted land (sealed by RPLS) ❑ Lien Holder Authorization 0 Appointment of Agent Form if landowner is not signing this form certify that I have provided the City of Corpus Christi with a complete application for review, that I am authorized to initiate this rezoning as or on behalf of the Property Owner(s), and the information provided is accurate. Owner or Agent's Signature Jose Luis Rodriguez / Maria Juliana Luna Owner or Agent's Printed Name Applicant's Signature n/a Applicant's Printed Name Office Use Only: Date Received: 7-12 -Z1 ( Received By; lifitakoth ADP: + Sign Fee = Total Fee L) Rezoning Fee: + PUD Fee No. Signs Required $10fsign Sign Poing Date: KIDEVELOPMENTSVCSLSHAREDY.AND DEVELOPMENTIAPPUCATION FORMS EZONINGIZONING APPUCATION 2015.DOC Form Revised 5/1212015 Gocp$ yR 'Orel r'>+ ,.Jy , TB52 Development Services Dept. P O Box 9277 Corpus Christi Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street REZONING APPLICATION 0 H D tv Case No.: PC Hearing Hearing Hearing "A MAXIMUM " INCOMPLETE 0I 16-0,2 Map No.: 047043 Date: Feb. 24, 2016 Proj.Mgr: Location: City Hall. Council Chambers, 1201 Leopard Street Time: 5:30 p.m. ARE SCHEDULED PER HEARING. BE ACCEPTED. OF FIVE REZONINGS CASES APPLICATIONS WILL NOT 1. Applicant: Mailing Address. City: Lam? -�Leop((.� l�4- P4VY\DArkil-R-Up& .. Contact Person : rn: Ruirh--0,_ Kt lVl L State:WA1P: 7 ci q VS—Phone: ( -36 () T 7" 0( L3 E-mail: Cell: ( Ye, !) 11(-GC/ U 2. Property Mailing City: {{ Owner(s): -lit 4A) cc---11 111ttNwvATRI i Contact Person : TIA 111.0.0-1C. Address: Cr ]Wrr State: ZIP. Phone: ( ) E-mail. Cell: ( ) 3. Subject Current 12-Digit Subdivision Legal Description Property Address: a.a� fi' ark sue f,ase Ade Ur 6b 4-,9(15 6,f‘, 4 j Area of Request (SF/acres): Zoning & Use: Ud i 1' II'ADA� Proposed Zoning & Use: 1-11Q�1 Nueces County Tax ID: - - R51 6 �q ,� c Name: f V _ S �4 kJ_ t as.1j at� '! l) Block: i' Lot(s):2t e1.3.3 6 if not platted: ! 4. Submittal L arly Land IF APPLICABLE: ❑ Peak ❑ Metes Requirements: Assistance Meeting: Date Held Use Statement 0/Disclosure of Hour Trip Form (if request is inconsistent & Bounds Description with exhibit if property of Agent Form if landowner is not ~�d ; with City Staff css -5 14-uvra4923 Interest /Copy of Warranty with Future Land Use Plan) includes un-platted land (sealed signing this form Deed ■ Site Plan for PUD or Special Permit by RPLS) • Lien Holder Authorization • Appointment I certify that I have provided the City n behalf as on of Corpus Christi with a complete application for review; that I am authorized to initiate this rezoning of the Property Owner(s); and the information provided is accurate. Owner or Agent's Signature I Applicant's Signature Owner or Agent's Printed Name Applicant's Office Use Rezoning Fee: No. Signs Required lPriinted,Name Only: Date Received: t (i'i 21)1(.0 Received By: t1` / ADP: WS 1 107 50 + PUD Fee i 0 + Sign Fee 10.00 = Total Fee 1117.50 1 © $10/sign Sign Posting Date: 10.00 K 1DEVELOPMENTSVCSISHARED1LAND DEVELOPMENTtAPPLICATION FORM5IREZONINGIZONING APPLICATION 2015 DOC Form Revised 5/12/2015 NAME: N P° DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". STREET: CITY: ZIP: FIRM is:OCorporation °Partnership °Sole Owner °Association ()Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name lk„ Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name NN" 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". Nam Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to �- t of o • us Christi, Texas as changes occur. Certifying Person: i `110'0 pt— (Pri Signature of Certifying Person: Title: Date: K, IDEVELOPMENTSVC55SHARED1LAND DEVELOPMENTIAPFLICATION FORh+54REZONINGIDISCLOSURE OF INTERE3 TS STATEMENT 5 12 2_15 DCC NAME: DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". Jose Luis Rodriguez and Maria Juliana Luna STREET: 2918 Highland Ave CITY: COrpUs Christi LP: 78405 FIRM is:OCorporation @Partnership @Sole Owner @Association @Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership In the above named "firm". Name Job Title and City Department (if known) in- 2. State the names of each 'official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title 3. State the names of each "board member" of the City of Corpus Christi having an 'ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee JA ` cy 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant CERTIFICATE I 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: Jose Luis Rodriguez & Maria Juliana Luna Title: Property Owners (Print Name) ,),),7 Signature of Certifying Person:A 05e -Li 11 S odirSt)7Z— Date: KIDEVELOPMENTSVCSISHAREDtAND DEVELOPMENTV4PPLICATION FORMSIREZONINGIDISCLOSURE OF INTERESTS STATEMENT_S.12.2015.DOC LAND USE STATEMENT 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed buildings)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. 3c( 2. Identify the existing land uses adjoining the area of request: North-SrS6%LOI�/n South - East West - _ orlurriatiedk0 gi;\IA &(9 iVesaeh� C 4USERSITANYAR.0001DESKTOP4DAILY USEIANNIKALLAND USE STATEMENT FOR ZONING DOC Land Use Statement To the Corpus Christi City Council members, I Minerva Reyna and my Husband Julio Reyna have resided at 2922 Highland Ave for 22 years and have just recently been notified that our residence is considered commercial property. Also, we have been made aware by code enforcement that our two lots adjacent to our home (MontRose Park Block 6 Lot 24B and 23B) are also commercial property and therefore cannot have any type of storage units, containers, travel trailers, or vehicles parked in our lots. It has also been brought to our attention that since our house is considered commercial property, if anything is to happen to our home such as a fire, flood, storm damage, or any other type of damage we are not allowed to rebuild or repair our home that we have been living in for 22 years. Due to no knowledge of rules of where storage units can be placed on one's property, we have had a storage unit on our property for 10 years. The (8x40) unit which after 10 years has been damaged due to weather, was replaced 1.5 years ago with another unit (12x32). The (8x40) unit is going to be removed from the property soon. The (12x32) unit is anchored down and in great condition. Upon receiving a notice to an infraction of code #105.1(8) Building Permit required due to the issue of the land being on commercial property, my husband and I started the process for rezoning of 2922 Highland Ave(Lot25B), Lot 24B, and Lot23B to Residential property. After we get our Residential property status approved, we ask for your consideration for the re -platting of 2922 Highland Ave(Lot25B) and Lot 24B in order to keep my storage unit next door to my home. Thank you for your time and consideration in this matter. Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades. cue tienen la intention de asistir a esta junta v oue reeuieren sery"cion especiales. se les suplica oue den aviso 48 horas antes de Ia Junta I;amando al departamento de servicios de desarrollo. al numero (361) 826-3240. If you wish to address the Commission during the meeting and your Eng,ish is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante is junta v su inches es limitada. favor de hamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 hares antes de la junta para solicitar un ss . - exile Ia unta. I aw i—�mti -- — ri2016CITY PLANNING COMMISSION MAR PUBLIC HEARING NOTICE DEVELOPMENT SERVICES I Rezoning Case No. 0216-02 SPECIAL. SERVICES Julio C.Inerva E. Reyna and Jose Luis Rodriguez and Maria Juliana Luna have petitioned the City of Corpus Christi to consider a change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -6" Single Family 6 District, resulting in a change to the Future Land Use Map from commercial to low density residential uses. The property to be rezoned is described as: Lot Nos. 23-B, 24-B, 25-B and Lot 25, Block 6, Montrose Park, located near the northeast corner of Highland Avenue and Duncan Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification andor Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, March 9. 2016 during one of the Planning Commission's regular meetings, which begins at 5:30 p.m.. in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in-person, by telephone call or by letter. Printed Name: Address: 30 -3 3 ±.1„.c4 City/State: 0 ( ) IN FAVOR (t4IN OPPOSITION Phone: s. REASON: lV5irte5S arum SEE MAP ON REVERSE SIDE Property Owner ID 20 HTE# 13-10000036 0"17.1 �5 / Signature Case No 1113-02 Project Manager: Annika Gunning City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 .. 1 __ • — 1 - ,. \ . r, .." k , , ... • . '.• ''. \ , , -..----- • ' "..-.--1 L^ •-•—• ' — — 1-.1 ''' ,• ,a' \ , s \ ..• — - s, - I ' , • L 1•.- _ : '. g ,_.,.1 ..__-....._ v , ' .' \ f. $ •'. T F i —I Z..-" , ., -.. \ 7 , 4 • ' I \ ', s• - ,c) .• .• , v. ' 20 532400050110 SAENZ GILBERTO ET AL 3034 BUFORD CORPUS CHRISTI, TX 78405 • N FOs-1. ttorg.4"0• 0.1=4".Efli=a• ®lilI1Y 11.(1W1.5 02 1M $ 00.486 000 4287110 FE B 26 2016 MAILED FROM ZIP CODE 78412 RUTH ST N 4 N 11 v ‘‘, If • -.. I R S - CHIPPEVVA ST " u - E 1 j u < II-, w , ..1 . SUBJECT ----OROPERTY T- - --; / •i- - i L , - k ..- I ,i . 1 .> - - " , ...r , -' 1 I . 1 •I'F'Vl = I .' , - C N - if' . 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CemmeiCla 0.1 swan, C0.1111.11 -C-1 03 12.2•41204,1 mme,c: CP•S PR F.6.- 01er .1. -EP 11 sweat P•rs • L1311 !MUM -al 444 ti• yott,u.: • 4.1-.0111.1-1131, 0.4.1144 445 .11 1 1:t.tlmII, 10 167.6 3,17.1./••171 ly 6 443-1 44 3;r -44m 1S RS 1, .1,11 443 11 Snca-S•m 11.15 Rf Fe Ii.e-11.11E61•17 443 H so...T.107MP SP Snac.4 Pr1,111 R. PC211•3o41a" 444411.011 1.30 R\14 lain 1.11.1 SUBJECT PROPERTY 7 .4.--7.1". e I f LOCATION MAP = Ciry of Corpus Chrtso AGENDA MEMORANDUM First Reading Item for the City Council Meeting of April 12, 2016 Second Reading Item for the City Council Meeting of April 19, 2016 DATE: TO: March 22, 2016 Ronald L. Olson, City Manager FROM: Stacie Talbert, Interim Director StacieT@cctexas.com 361-826-3464 Appropriation for Utility Bill Donations for the Arts & Cultural Commission (ACC) CAPTION: Ordinance appropriating $4,290.08 in City utility customer donations in General Fund No. 1020 for use by programs coordinated through the City Arts and Cultural Commission and amending the FY2016 Operating Budget adopted by Ordinance No. 030620 to increase expenditures by $4,290.08. PURPOSE: To appropriate funds collected from utility customer as donations to the Arts and Cultural Alliance. BACKGROUND AND FINDINGS: The City of Corpus Christi - due to anticipated budgeted shortfalls in the Hotel Occupancy Tax - reduced arts and cultural funding during FY 2010-2011. The City met with the arts and cultural groups before the budget was approved and developed a fundraising mechanism that has a potential to grow and replace that funding. The "Check Yes for Arts and Culture Campaign" gives City of Corpus Christi utility bill customers the opportunity to add a small monthly donation to their bill to directly support the arts. The funding received thus far is applied to the operational and programming support for the following organizations: The City of Corpus Christi Arts and Cultural Commission, the South Texas Botanical Gardens and Nature Center, Harbor Playhouse, the Art Center of Corpus Christi, Corpus Christi Symphony Orchestra, the Texas Jazz Festival, the Antonio E. Garcia Arts and Education Center, Instituto de Cultura Hispanica, the Asian Cultures Museum. The nine organizations formed the Arts and Culture Alliance ("ACA"). Per the Memo of Understanding with the City of Corpus Christi, the funds received through this initiative are allocated equally to the individual arts and cultural groups under this program. ALTERNATIVES: Do not appropriate funds. OTHER CONSIDERATIONS: Funding for the City's arts programs CONFORMITY TO CITY POLICY: Revenue must be appropriated before it can be expended. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered/ Expended Amount This item $4,290.08 $4,290.08 BALANCE $4,290.08 $4,290.08 Fund(s): General Fund Comments: none RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Summary of utility funds Page 1 of 2 Ordinance appropriating $4,290.08 in City utility customer donations in General Fund No. 1020 for use by programs coordinated through the City Arts and Cultural Commission and amending the FY2016 Operating Budget adopted by Ordinance No. 030620 to increase expenditures by $4,290.08. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That $4,290.08 is appropriated in City utility customer donations in General Fund No. 1020 for use by programs coordinated through the City Arts and Cultural Commission. Attest: City of Corpus Christi Rebecca Huerta City Secretary Nelda Martinez Mayor Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Attachment A Arts & Cultural Alliance Utility Bill Allocation Summary FY2014 FY2015 Other arts' organizations 19,347.64 14,981.45 Arts & Cultural Commission 2,417.32 1,872.77 Total arts allocation 21,764.96 16,854.22 Total to Appropriate 4,290.09 AGENDA MEMORANDUM First Reading Item for the City Council Meeting of April 12, 2016 Second Reading Item for the City Council Meeting of April 19, 2016 DATE: TO: Ronald L. Olson, City Manager March 25, 2016 FROM: Stacie Talbert Anaya, Interim Director StacieT@cctexas.com 361-826-3460 Annual Ordinance for Select Parks and Recreation Grants CAPTION: Ordinance authorizing the City Manager or designee to execute documents to apply for and accept grants from the Area Agency on Aging of the Coastal Bend for the Elderly Nutrition Program, Corporation for National and Community Service for the RSVP (Retired and Senior Volunteer Program) and the Senior Companion Program, and grants from the Texas Department of Agriculture for the Summer Food Service Program, Afterschool Snack Program, and Texan's Feeding Texans program and upon receipt, to appropriate funds in the no. 1067 Park Grants Fund for said city programs. PURPOSE: To streamline the approval and appropriation process for these long-standing Parks and Recreation grant programs. BACKGROUND AND FINDINGS: For many years, the City has applied for and received grants with the Area Agency on Aging of the Coastal Bend for the Elderly Nutrition Program, the Corporation for National and Community Service for the RSVP and Senior Companion Programs, as well as the Texas Department of Agriculture for the Texan's Feeding Texans, Summer Food Service and Afterschool Snack Programs. ALTERNATIVES: Do not approve this ordinance. OTHER CONSIDERATIONS: This ordinance will reduce the number of agenda items from up to fifteen to one, provided any grant amendments meet the proposed ordinance requirements. CONFORMITY TO CITY POLICY: Council approves and appropriates grant applications and awards. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: none RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance ORDINANCE AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE DOCUMENTS TO APPLY FOR AND ACCEPT GRANTS FROM THE AREA AGENCY ON AGING OF THE COASTAL BEND FOR THE ELDERLY NUTRITION PROGRAM, CORPORATION FOR NATIONAL AND COMMUNITY SERVICE FOR THE RSVP (RETIRED AND SENIOR VOLUNTEER PROGRAM) AND THE SENIOR COMPANION PROGRAM, AND GRANTS FROM THE TEXAS DEPARTMENT OF AGRICULTURE FOR THE SUMMER FOOD SERVICE PROGRAM, AFTERSCHOOL SNACK PROGRAM, AND TEXANS FEEDING TEXANS PROGRAM AND UPON RECEIPT, TO APPROPRIATE FUNDS IN THE NO. 1067 PARK GRANTS FUND FOR SAID CITY PROGRAMS. Whereas, the City has for many years applied for and received grants from the Area Agency on Aging of the Coastal Bend for the Elderly Nutrition Program, the Corporation for National and Community Service for the RSVP Program and the Senior Companion Program, and also Texas Department of Agriculture for the Summer Food Service Program, Afterschool Snack Program, and Texans feeding Texans Program; Whereas, the City Council desires to streamline the approval and appropriation process for these grant applications; Whereas, the purpose of this ordinance is to address the following standard procedures related to these grants subject to verification by the Department of Finance that any required City matching funds and in-kind funding have been budgeted and appropriated in the Parks Department budget for such purpose: 1) approve the submission of grant applications, 2) grant authority to accept the award to the City Manager or designee, 3) grant authority to accept changes in award amount 4) establish the accounting fund/org number; and, 5) appropriate the grant funds, if awarded. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City Manager or designee is authorized to submit applications each fiscal year for and execute documents to accept grants with the Area Agency on Aging of the Coastal Bend for the Elderly Nutrition Program, the Corporation for National and Community Service for the RSVP Program and the Senior Companion Program, and also Texas Department of Agriculture for the Summer Food Service Program, Afterschool Snack Program, and Texans feeding Texans Program. This authorization is subject to verification by the Department of Finance that any required City matching funds and in-kind funding, if any, are appropriated in the Parks department budget for such purpose. Section 2. Each fiscal year, should funding be awarded, upon execution of the grant agreements, that the grant funds awarded by the Area Agency on Aging of the Coastal Bend for the Elderly Nutrition Program, shall be deemed appropriated in the No. 1067 Parks Grants Fund for the Elderly Nutrition Program and said funds may be spent by the Parks Department for their intended purposes upon receipt of funding. Section 3. Each fiscal year, should funding be awarded, upon execution of the grant agreements, that the grant funds awarded by the Corporation for National and Community Service for the RSVP Program shall be deemed appropriated in the No. 1067 Parks Grants Fund for the RSVP Program and said funds may be spent by the Parks Department for their intended purposes upon receipt of funding. Section 4. Each fiscal year, should funding be awarded, upon execution of the grant agreements, that the grant funds awarded by the Corporation for National and Community Service for the Senior Companion Program shall be deemed appropriated in the No. 1067 Parks Grants Fund for the Senior Companion Program and said funds may be spent by the Parks Department for their intended purposes upon receipt of funding. Section 5. Each fiscal year, should funding be awarded, upon execution of the grant agreements, that the grant funds from the Texas Department of Agriculture for the Summer Food Service Program shall be deemed appropriated in the No. 1067 Parks Grant Fund for the Summer Food Service Program and said funds may be spent by the Parks Department for their intended purposes upon receipt of funding Section 6. Each fiscal year, should funding be awarded, upon execution of the grant agreements, that the grant funds from the Texas Department of Agriculture for the Afterschool Snack Program shall be deemed appropriated in the No. 1067 Parks Grant Fund for the Afterschool Snack Program and said funds may be spent by the Parks Department for their intended purposes upon receipt of funding Section 7. Each fiscal year, should funding be awarded, upon execution of the grant agreements, that the grant funds from the Texas Department of Agriculture for the Texans feeding Texans Program shall be deemed appropriated in the No. 1067 Parks Grant Fund for the Texans Feeding Texans Program and said funds may be spent by the Parks Department for their intended purposes upon receipt of funding Section 8. That the City Manager is authorized to establish necessary grant accounts for the appropriation, segregation, and expenditure of grant funds received by the Area Agency on Aging of the Coastal Bend for the Elderly Nutrition Program. The accounting fund/org numbers for these grants are as follows: 1067-8108_ (insert fiscal year). Section 9. That the City Manager is authorized to establish necessary grant accounts for the appropriation, segregation, and expenditure of grant funds received by the Corporation for National and Community Service for the RSVP Program and the Senior Companion Program. The accounting fund/org numbers for these grants are as follows: 1067-8110_ (insert fiscal year), 1067-81096_ (insert fiscal year). Section 10. That the City Manager is authorized to establish necessary grant accounts for the appropriation, segregation, and expenditure of grant funds received by the Texas Department of Agriculture for the Summer Food Service, Afterschool Snack and Texans Feeding Texans Programs. The accounting fund/org numbers for this grant is as follows: 1067-8092_ (insert fiscal year), 1067-8094_ (insert fiscal year), 1067-8109_ (insert fiscal year). Section 11. That the City Manager is authorized to execute contract amendments pertaining to these funds in the following instances: a) carry-over funds, when ascertained and approved by the funding agency through a revised notice of award; b) amendments which will provide supplemental grant funds in amount not to exceed 20% of the original grant; c) reimbursement increases of administration funds for each participant served; d) amendments to comply with applicable State of Federal laws and regulations; and e) amendments which do not change the essential purpose of the grant. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016,by the following vote: Nelda Martinez Brian Rosas Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM First Reading for the City Council Meeting April 12, 2016 Second Reading for the City Council Meeting April 19, 2016 DATE: March 21, 2016 TO: Ronald L. Olson, City Manager RonO@cctexas.com (361)826-3220 THRU: Mark Van Vleck, Assistant City Manager MarkVV@cctexas.com (361)826-3082 Daniel McGinn, A.I.C.P, Interim Director, Development Services DanielMc@cctexas.com (361)826-3595 FROM: Raymond Chong, P.E., PTOE, PTP, STP, City Traffic Engineer Raymond C@cxtexas.com (361)826-3552 Proposed Urban Transportation Plan Amendment - Deletion of the Extension of First National Boulevard between Compton Road and Graham Road CAPTION: Ordinance amending the Urban Transportation Plan Map, of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, by deletion of the extension of First National Boulevard; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. PURPOSE: The purpose of a C1 Minor Residential Collector is to provide internal neighborhood circulation and property access for residents. BACKGROUND / FINDINGS: Gulf Coast Marine requests the deletion of the extension of First National Boulevard, between Compton Road and Graham Road, from the City's Urban Transportation Plan (UTP) map in Mobility CC. First National Boulevard is designated as a proposed C1 Minor Residential Collector (60 feet right-of-way). Gulf Coast Marine, property owner, proposes to plat approximately 37 acres of undeveloped land for both residential (single-family homes) and commercial (boat storage) uses. This tract is located south of First National Boulevard between Compton Road and Graham Road in Flour Bluff. A drainage ditch bisects it. The portion of the tract, that abuts Compton Road and is north of the drainage ditch, is approximately 20.6 acres and is zoned CG -2 (Commercial) or RE (Residential Estate). The portion of the tract that abuts Graham Road, which is south of the drainage ditch, is zoned RE (Residential Estate). First National Boulevard first appeared on Corpus Christi Urban Transportation Plan 1963-1964 as a proposed collector between South Padre Island Drive (SH 358) and Graham Road. The proposed collector still exists on the currently adopted 2010 UTP map. At this time, First National Boulevard is built from the South Padre Island Drive (SPID) SH 358 frontage road to Compton Road. The remaining segment of First National Boulevard, which terminates at Graham Road, is approximately a quarter mile in length. This remaining segment is contained entirely within the tract. The proposed UTP amendment is to delete the portion of First National Boulevard between Compton Road and Graham Road. This would result in First National Boulevard ending as a tee -intersection with Compton Road. Gulf Coast Marine contends this segment of First National Boulevard is not required, does not preserve orderly traffic flow in the area and will not cause any adverse traffic impacts. Gulf Coast Marine engaged Maldonado -Burkett Intelligent Transportation Systems, LLP (MBITS) to conduct a Traffic Impact Analysis (TIA). The goal of the TIA was to determine, with ultimate build out, if First National Boulevard could be deleted without having any adverse traffic impacts to adjacent streets and intersections. Their report concluded the new development would have no adverse traffic impacts to existing street system. Trip generation data for the proposed boat storage is expected to generate six (6) AM peak hour trips and six (6) PM peak hour trips. The proposed residential development is expected to generate eight (8) AM peak hour trips and ten (10) PM peak hour trips. Surrounding intersections were analyzed to determine existing and projected Levels of Service (LOS). The City of Corpus Christi Unified Development Code (UDC) requires new and existing intersections to function at a LOS D or better. Findings of the TIA were that intersections analyzed were functioning at a LOS D or better except for the STOP controlled intersections at Graham Road at Flour Bluff Drive and Graham Road at Waldron Road. Both intersections currently function at a LOS E and are projected to remain at a LOS E. Staff's findings are the extension of First National Boulevard between Compton Road and Graham Road is impractical and not needed to enhance mobility in the area. Deleting this segment is justified due to the projected low traffic volumes and minimal amount of additional peak hour trips generated by the development. The deletion of this segment is not expected to have an adverse traffic impacts on the existing street system. ALTERNATIVES: Denial of the proposed Urban Transportation Plan Amendment. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The amendment process conforms to City Policy. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Transportation Advisory Commission, Planning Commission, Street Operations, Development Services, and 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): Comments: None RECOMMENDATION: Staff recommends approval of the proposed Urban Transportation Amendment for deletion of the extension of First National Boulevard between Compton Road and Graham Road. LIST OF SUPPORTING DOCUMENTS: Presentation Ordinance with Attachment Ordinance amending the Urban Transportation Plan Map, of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, by deletion of the extension of First National Boulevard; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. WHEREAS, the Gulf Coast Marine a, property owner requests deletion of extension of First National Boulevard as an amendment to the Corpus Christi Urban Transportation Plan map, a transportation element of Mobility CC element of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS, City Transportation Advisory Commission held a meeting on Monday, November 23, 2016, regarding amendment for the Urban Transportation Plan map WHEREAS, the Planning Commission held a public hearing on Wednesday, February 10, 2016 regarding amendment to the Urban Transportation Plan Map of Mobility CC, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that these amendments would best serve the public health, necessity, and convenience, and the general welfare of the City of Corpus Christi and its citizens; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The Corpus Christi Urban Transportation Plan map of MobilityCC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, Texas (the "Comprehensive Plan"), is amended by deleting extension of First National Boulevard, between Compton Road and Graham Road on Exhibit "A," which is attached to this ordinance and incorporated into this ordinance by reference as if fully set out in its entirety. Section 2. To the extent the amendments made by this ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendment made by this ordinance. Section 3. The Comprehensive Plan, as amended from time to time and except as changed by this ordinance, remains in full force and effect. Section 4. Any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. Section 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. Therefore, if any section, paragraph, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance. Section 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. 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 Michael Hunter 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 Michael Hunter PASSED AND APPROVED this the day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Exhibit A Proposed Deletion of First National Boulevard co) Corpus Chr sti Engineering Proposed Urban Transportation Plan (UTP) Amendment - Deletion of the Extension of First National Boulevard (Between Compton Road and Graham Road) Council Presentation April 12, 2016 Proposed UTP Amendment �hrsti Engineering Gulf Coast Marine Requests an Amendment to City's Urban Transportation Plan map: • Deletion of the extension (approximately a quarter -mile) of First National Boulevard • Proposed C1 Minor Residential Collector (60' right-of-way) • Gulf Coast Marine Contends the Deletion Will Not Cause Adverse Traffic Impacts • Gulf Coast Marine provided a Traffic Impact Analysis which Supports their Request 2 Proposed UTP Map Amendment 111 �hrsti Engineering Proposed Deletion of First National Boulevard Location Map PROPOSED COLLECTOR TO BE REMOVED FROM U.T.P. �hrsti Engineering 4 Traffic Impact Analysis (TIA) �hrsti Engineering TIA Findings : • Trip Generation (Boat Storage): • Six (6) AM Peak Hour Trips • Six (6) PM Peak Hour Trips • Trip Generation Single Family Homes: • Eight (8) AM Peak Hour Trips • Ten (10) PM Peak Hour Trips • Existing, Background, and Projected (2025) STOP Sign Intersections Meets LOS D or Better (Meets City Requirements) • No Adverse Traffic Impacts to Existing Street System 5 Recommendation 0 �hrsti Engineering • City Traffic Engineer & Development Services Recommends: Approval to Delete First National Boulevard, a Proposed C1 Minor Residential Collector, from Compton Road to Graham Road from the City's UTP Map 6 �hrsti Engineering Questions? AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 12, 2016 Second Reading Ordinance for the City Council Meeting of April 19, 2016 DATE: TO: Ronald L. Olson, City Manager February 17, 2016 THRU: Mark Van Vleck, P.E., Assistant City Manager MarkVV@cctexas.com (361) 826-3082 FROM: Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Mike Markle, Police Chief Mikema@cctexas.com (361) 866-2601 Installation of LED Street Lights on North Beach at City Parks along the Beach Walk CAPTION: Ordinance appropriating $99,557 from unreserved fund balance in the No. 1040 Parking Improvement Fund; authorizing the City Manager, or designee, to approve Contribution -In -Aid - Of -Construction Agreements with American Electric Power (AEP) for a total of $149,958.41, for the installation of the LED lighting improvements on North Beach at City parks along the Beach Walk; and amending the FY 2015-2016 Operating Budget adopted by Ordinance 030620 by increasing expenditures by $99,557. PURPOSE: The purpose of this Agenda item is to obtain authority to transfer the funds for the Parking Improvement Fund required to execute an Agreement with AEP for lighting upgrades on North Beach. BACKGROUND AND FINDINGS: This project is part of the "Light Up CC" program to improve lighting in areas to increase public safety and reduce crime. The lighting upgrades proposed in this project are located on AEP power poles and system. The Agreement with AEP authorizes them to complete the installation of new LED light fixtures and new poles (if required). The project provides for upgrades with 47 new fixtures as follows: • 17 existing lighting fixtures on existing poles retrofitted with new energy efficient LED lighting fixtures • 3 new LED light fixtures on existing wood poles • 4 new wood poles with new LED light fixtures • 21 new concrete poles with new LED light fixtures • 2 new flood lights for safety on an existing pole The Light Up CC project was initiated to reduce crime and increase public safety in high crime areas of Downtown, Uptown, SEA District and North Beach, using funds from City parking meters and administered by the City's Parking Advisory Committee. A previous Light Up CC project is nearing completion on Leopard from Crosstown to Upper Broadway that included 26 new or retrofitted LED light fixtures on new or existing poles. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Funding for the lighting improvement is coming for the Parking Advisory Board's (PAC) parking meter revenue. The PAC voted to approve the expenditure. CONFORMITY TO CITY POLICY: This conforms to City policy for procurement of services. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Police Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget 11,095 61,148.02 72,243.02 Ordinance (This Item) 99,557.00 99,557.00 Budget Total 11,095 160,705.02 171,800.02 Encumbered / Expended Amount 11,095 10,746.61 21,841.61 This item 149,958.41 149,958.41 BALANCE 0.00 0.00 0.00 Fund(s): Parking Improvement Fund Comments: All current funding necessary for the completion of North Beach lighting is available in the Parking Improvement Fund to implement the North Beach lighting improvements. RECOMMENDATION: The City's Parking Advisory Board (PAC) approved of the expenditures and staff recommends approval of this motion as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Budget Location Map Presentation AEP Agreements (4) Page 1 of 2 ORDINANCE APPROPRIATING $99,557 FROM UNRESERVED FUND BALANCE IN THE NO. 1040 PARKING IMPROVEMENT FUND; AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO APPROVE CONTRIBUTION -IN -AID -OF -CONSTRUCTION AGREEMENTS WITH AMERICAN ELECTRIC POWER (AEP) FOR A TOTAL OF $149,958.41, FOR THE INSTALLATION OF THE LED LIGHTING IMPROVEMENTS ON NORTH BEACH AT CITY PARKS ALONG THE BEACH WALK; AND AMENDING THE FY 2015-2016 OPERATING BUDGET ADOPTED BY ORDINANCE 030620 BY INCREASING EXPENDITURES BY $99,557. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $99,557 from the Unreserved Fund Balance in No. 1040 Parking Improvement Fund is appropriated for the installation of LED safety lighting improvements on North Beach. SECTION 2. The FY 2016 Operating Budget adopted by Ordinance No. 030620 is changed to increase expenditures in the amount of $99,557. SECTION 3. The City Manager or designee is authorized to execute Contribution -in -aid - of -Construction Agreements for the installation of LED lighting improvements on North Beach at City Parks along the beach walk for a total of $149,958.41 with American Electric Power (AEP). ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary @BCL@1 C0560DC Nelda Martinez Mayor Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Michael Hunter 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 Michael Hunter PASSED AND APPROVED on this the day of , 2016. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary @BCL@1 C0560DC Nelda Martinez Mayor PROJECT BUDGET Light Up CC March 8, 2016 FUNDS AVAILABLE: Parking Improvement Fund $72,243.02 Ordinance Parking Improvement Fund 99,557.00 TOTAL $171,800.02 FUNDS REQUIRED: Contribution in Aid of Construction (American Electric Power) 149,958.41 Construction Contingency (5%) 7,490.00 Construction Inspection (Estimate) 1% 1,700.00 Design Fees : A/E Study (Bath Engineering) 11,095.00 Reimbursements: Contract Administration (Capital Programs/Capital Budget/Finance) (.03%) 500.00 Engineering Services (Project Mgt/Constr Mgt) (.05%) 850.00 Misc. (Printing, Advertising, etc.) 206.61 TOTAL $171,800.02 ESTIMATED PROJECT BUDGET BALANCE $0.00 CITY COUNCIL EXHIBIT Light Up CC CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES a AEP Texas Central Company Contribution -In -Aid -Of -Construction Agreement For Electric Distribution Service City of Corpus Christi Service: GULDEN ST/ GtJLFEREEZE BLVD CORPUS CHRISTI, TX Contract #: DWHS00000220412 Work Request #: 59202445 Date: 9/24/2015 You, City of Corpus Christi (Customer) have requested AEP Texas Central Cc:tpany (Company) to 'install/construct certain electric distribution facilities thereinafter referred to as "Facilities") as follows:Retrofit b street light fixtures on 3 existing cencreto street light structures LED 130X; Retrofit 2 street light fixtures :n 2 existing u.aeden street light structures LED 130W; Install 12 Ce7rretc Street Light Structures 'ACE (CGI The cost for construction/installation of the requested Facilities will be in excess of what would normally be provided by Company at no additional cost to the Customer to initiate service. In accordance with the Company's approved Tariff, as filed with the P°sbl:.0 Utilities Commission of Texas, the Cuatomar agreaa to pay Company e one-time. non-refundable, Contribution -In -Aid -Of -Construction (,;:AC) in the amount of 77,060.S6. Tho Customer undere t ands that he/she receives no ownership or control of the Facilities by virtue of the payment of the CIRC. The Facilities installed by the Ccnpany will remain the property of the Company. The Company expressly retains the right to use said Facilities for any purpose which Company deeaa appropriate under good utility practices, including the distribution of electric service to other cuetcmer5. Company agrees to install facilities to premises identified as follows: Sandbar Ave & Gulf Breeze Blvd, Corpus Christi, Texas, and the Customer agrees to provide payment amount listed in the contract an Aid to Construction and to be ready to take electric service on or before 09/24/2015. It is understood and agreed that the Company will not begin construction/inetailation of the Facilities until full payment of the CIAC has been received by the Coepany; therefore, Cuetc:r.er understands and agrees that he/she needs to make full payment of the CIRC in sufficient time to allow for the construction/installation to be completed by the In Service Date. The pricing of the CIRC quoted herein in based on the specifics of the Cuntonsor'a requeet, including the Customer's stated In Service Date, and must he accepted by the Customer by executing and returning to the Company this Agreement by 12/23/2015 to remain valid. Should Customer alter the request for facilities, or request a delay in (or is otherwise unable to take service by the stated In service pate, the Company reserves the right to update the pricing and require an additional CIAO payment to reflect any increases in cost due to the alteration in requested facilities or the delay in taking service, or both. Nothing contained herein ehall be construed an a waiver nr relinquishment by Company of any tight it has or may hereafter have to discontinue service for default in the payment of any hill owing or to became owing hereunder or for any reason or cause allowed by law. 3y signing and returning thin Agreement, Custcrez understands and accepts the above described term and conditions. Customer By Signature: Title: Date: City of Corpus Christi Project Manager Company By Signature: Title: Date: ..'.,,.4uc. » nesse remit To: DETACH » American Electric Power Sandra Luna STUB » P.O. Box 2121 Corpus Christi, TX 78403 AND » Bill To: RETURN » City of Corpus Christi WITH » PAYMENT » Company No: 211 Contract No: DWMS00000320413 Customer No: Date: 9/24/2015 Amount Due: 77,860.96 Amount Remitted: Contract No: DWMS00000320413 Date: 9/24/2015 PRO FORMA Description Quantity UOM Init Amt Retrofit 6 street light fixtures 1.0 EA 77,860.96 on 3 existing concrete street light structures LED 130W; Retrofit 2 street light fixtures on 2 existing wooden street light structures LED 130W; Install 12 Concrete Street Light Structures 130W (UG) Customer No: Purchase Order: Net Amount 77,860.96 59202445 Amount Due: 77,860.96 AEP Texas Central Caapany Contribution -In -Aid -Of -Construction Agreement For Electric Distribution Service CITY OF CORP0S CHRISTI Service: BURLESON ST CORPUS CFHRISTI, TX Contract I: DWNSOO 00327393 work Request P 551E7682 Date: 1/0/2016 you, CITY of CORFUS CHRISTI (Customer) have requested AEP Texas Central Company (Company) to install/construct certain electric distribution facilities ;hereinafter referred to as "Facilities") AS follows:rnst311 1 new street sight fixutre5 LED 130F# on 3 Existing Hood Poles; Retrofit w existing street light fixtures on 2 existing wood poles; Install 2 :ew wccd poles with LED 13CJ?d street lights. The coat far conatructior/installation of the requested Facilities will be in excess of what would normally be provided by Company at no additional coot to the Customer to initiate service. In accordance with the Company's approved Tariff, as filed with the Public Utilities Corcmiasion of Texas, the Customer agrees to pay Company a one-time, nen-refundable, ^-ntributi.n-In-Ass sr- mstrumt:on (rIAC) in the amount of 7,375.41_ The Customer understands that he/she receives no ownorahip or control of the Facilities by virtue of the payment o: the CIAC. The Facilities installed by the Ccrpany will remain the property of the company. The Company expressly retains the right to use said Facilities for any purpose which Cc:rpany deems appropriate under goad utility practices, including the distribution of electric service to other customers. Cepany agrees to Instals facilities to premises identified as follows: Burleson St and S Shoreline Blvd, Corpus Chriati, Texas, and the Customer agrees to provide payment amount listed in contract as Aid to construction and to be ready to take electric service on or before Q1/00/2016. It is understood and agreed that the Company will not begin construction/installation of the facilities until full payment of the CIAC has been received by the Company; therefore, Customer understands and agrees that he/she needs to make full payment of the CIAC in sufficient time to allow for the construction/installation to be completed by the In Service Date. The pricing of the CIRC quoted herein is based on the specifics of the Customer's request, including the Customer's stated In Service Date, and must be accepted by the Customer by executing and returning to the Company this Agreement by 4/7/201B to remain valid. Should Customer alter the request for facilities, or request a delay in for _a otherwise unable to take service by the stated In Service Date, the Company reserves the right to update the pricing and require an additional CIAC payment to reflect any increases in cost duo to the alteration In requested facilities or the delay in taking service, or both. L'othing contained herein shall be construed as a waiver or relinquishment by Company of any right it has or may hereafter have to discontinue service for default in the payment or any bill owing or to become owing hereunder or for any reason or cause allowed by law. By signing and returning thin Agreement, Customer understands and accepts the above described terms and conditions. Customer By Signature: Title: Date: City of Corpus Christi Project Manager company By Signature: Title: Date: PLEASE » Please remit To: American Electric Power DETACH » Sandra Luna STUB » P.O. Box 2121 Corpus Christi, TX 78403 AND » Bill To: RETURN » CITY OF CORPUS CHRISTI WITH » PAYMENT » Company No: 211 Contract No: DWMS00000327393 Customer No: Date: 1/8/2016 Amount Due: 7,975.41 Amount Remitted: Contract No: DWMS00000327393 Date: 1/8/2016 PRO FORMA Customer No: Purchase Order: Description Quantity UOM Init Amt Net Amount Install 3 new street light 1.0 EA 7,975.41 7,975.41 fixutres LED 130W on 3 Existing Wood Poles; Retrofit 4 existing street light fixtures on 2 existing wood poles; Install 2 new wood poles with LED 130W street lights. 59187882 Amount Due: 7,975.41 0 (343444) 250V HS (234, 440) (275, 329) q R( d (374,268) ( 72,511) SI A CUSTOMER SERVICE -C1 -UPGRADE dlc�t��o 4/'°4 (654,310) P7 `-O i. 1 (Rn7 A171 Existing Pole 1 51612755100329 35' 5 DS506 Install LED130W Street Light on 6' Arm ESID# 10032789452221238 DS 1460-A Existing Pole 2 51613745100268 35' 5 DS500 Install LED 130W Street Light an 6' Arm ESID# 10032789452221238 DS 1460-A (754,349) 250V HS Existing Pole 5 51617545100349 35' 5 DS506 Install LED 130W Street Lights ESID# 10032789452221238 DS 1460-A Remove HPS 250W Street Lights DS1460-A 4UU'l NJ Gi SUI •'.11* 0' 100' 200' 300' COLOR CODE LEGEND FED - PEW FACILITES GREEN - EXIS Tia FAcIJ1' E8 9_UE FACUTE9 TO EE Install Pole 6 51615925100082 35' 4 DS506 Install LED 130W Street Lights ESID# 10032789452221238 DS 1460-A P5 Existing Pole 7 51616545100310 35' 6 08500 Install 87' 4 AL TD a Q �!I Cl) ▪ 0 ▪ ▪ - igi0 co Ki co • si co X Existing Pole 3 51614855100199 35' 5 DS500 Install LED 130W Street Light on 6' Arm ESID# 10032789452221238 DS1460-A Existing Pole 4 51615715100147 35' 5 DS506 Install LED 130W Street Lights ESID# 10032789452221238 DS1460-A Install 67' 4 AL TD Remove HPS 250W Street Lights DS1460-A Install Pole 8 51616945100234 35' 4 DS506 Install LED 130W Street Lights ESID# 10032789452221238 DS 1460-A TOWN: CORPUS CHRISTI 1 MANHOURS: 15.45 1 ESID#: 10032789452221238 CUSTOMER: CITY OF CORPUS CHRISTI OPS#: LOCATION: E SAUHDERS ST (US HWY59) WOY: DCP0251224 JOB DESCRIPTION: CUSTOMER SERVICE -CI -UPGRADE WKS: 59187552 ERNS: 100050 STATION 7 CIRCUITY: NUECE$ BAY PLANT/ 94C57840 OWRY: DATE REQUESTED: 9/1572015 1 DATE REQUIRED: 11/1572015 RWRA: REGION: CORPUS (DISTRICT: 155 1 CREW HQ: 11735 ACCESSIBLE: B YES D NO FIELD CHECKED: 2 YES 0 NO SCALE: 1" -100' 1 MAPS: DRAWN BY: CYNDI REYES DATE: 9115!2015 STAKED 8Y: DATE: COMP. OY: DATE: CLEARED BY: DATE COMMENTS: OFFICE(361)-881.5849 EMAIL: CREYESOAEP.COM AEP V TREE TRIMMING: D YES $ NO AES Texas Central Company Contribution -In -Aid -Of -Construction Agreement For Electric Distribution Service City of Corpus Christi Service: SRBFSIDE BLVD/ 5. SHORELINE BLVD CORPUS CHRISTI, TX Contract 1: O 1MS00000327658 Work Request S: 59201817 Date: 1/12(2016 You, City of Corpus Christi (Customer) have requested AEP Texaa Central Company (Company) to install/construct certain electric distribution facilities (hereinafter referred to as 'Facilities") as followa:Aetrofrit 2 existing structures with 3 light fixtures, LED -13011b Install 5 Concrete Street Light Poles LED 130N The cost for construction/installation of the requested Facilities will be in excess of what would normally be provided by Company at no additional cost to the Customer to initiate service. In accordance with the Company's approved Tariff, as filed with the Public Utilities Commission of Texaa, the Customer agrees to pay Ccmpany a ono -time, non-refundable, Contribution -In -Aid -Of -Construction (CIRC) in the amount of 39,311.58. The Customer understands that he/she receives no ownership or control of the Facilities by virtue of tha payment of the CIAc. The Facilities installed by the Ccnpany will remain the property of the company. The Company expressly retsina the right to use said Facilities for any purpose which Company deans appropriate under good utility practices, including the distribution of electric service to other customers. Company agrees to install facilities to premises identified as follows: Surfside a 5. Shoreline, Corpus Christi, Texas, and the Customer agrees to provide payment amount listed in contract as Aid to COnstruction and to be ready to take electric service an or before 01/12/2016. It ie understood and agreed that the. Company will not begin construction/installation of the Facilities until full payment of the CIAC has been received by the Company, therefore, Customer understands and agrees that he/she needs to make full payment of the CIAC in sufficient time to allow for the construction/installation to be completed by the re Service Date. The pricing of the CIRC quoted herein is based on the specifics of the Customer's request, including the Cu:stoaor's stated In Service Date, and must be accepted by the Cuntemer by executing and returning to the Company this Agreement by 4/11/20t6 to remain valid. Should Customer alter the request for facilities, or request a delay in (or is otherwise unable to take service by) the stated In Service Date, the Company reserves the right to update the pricing and require an additional CIRC payment to reflect any increases in cost due to the alteration in requested facilities or the delay in taking service, or both. Nothing contained herein shall be construed as a waiver or relinquishment by Company of any right it has or may hereafter have to discontinue service for default in the payment of any bill owing or to became owing hereunder or for any reason or cause allowed by law.. By signing and returning this Agreement, Customer understands and accepts the above described terms and conditions. Customer By Signature: Title: Date: City of -Corpus Christi - ( r Project Manager Company By Signature: Title: Date: PLEASE » Please remit To: American Electric Power DETACH » Sandra Luna STUB » P.O. Box 2121 Corpus Christi, TX 78403 AND » Bill To: RETURN » City of Corpus Christi WITH » PAYMENT » Company No: Contract No: Customer No: Date: Amount Due: 211 DWMS00000327658 1/12/2016 39,311.58 Amount Remitted: Contract No: DWMS00000327658 Date: 1/12/2016 PRO FORMA Customer No: Purchase Order: Description Quantity UOM Init Amt Net Amount Retrofrit 2 existing structures 1.0 EA 39,311.58 with 3 light fixtures, LED -130W; Install 5 Concrete Street Light Poles LED 130W 59201817 39,311.58 Amount Due: 39,311.58 ON elk 1VNI1FNNL1]illl NO3'd11313A3M3 =117117 6tr99-199i19Ci3Lil0 N1/11111O3 UI 03117317 MINN INN 'ANON 13A70 .AN O3 MY19 S1Oi11419 C9iYO UAW/ IONAO 1AN NMYNO %AYN I NOP .1431Y39 ON MAN IO3M33N3073111 ONO MAN 91N9t413OY NUR ION mama 1 991,131111910 1 I Od11001N OI O3L1 I11M41 9LOVLL.L 11aI111ab311 ilia 1 N LOi.LL.6103191110311 SAYO 191110 099L4799 IANYid ANN SIMIAN .9110311171 NallT19 690001191102 L191Ot691$11A1 33121139 N47NY7.371A1138 N3N014O71NUU411117430 ■er LLt 19,94170 1901 OAIN 3NI133ON4.9 /OM' 9 01231111 1NOUV901 1911410 /18111117 mum 00 AO A1191N3110181L7 9C911LLMILL900L 19OIN3 1 WNW .N11O0NNYN 1 121111113 IMANO31NMO1 7-0941.50 NEZ IZZZ59691Z£00l#O1S3 3NOD SC 1Z1.10159EEZ91.5 MOEt-031 1310d 011 1161041 7-09t4SO BEZLZZLEVOOLZE00l9011S1 0NO3 L 0PEICOISFICILL S MOC6 031 E 1 310e1 011 pe1141 1- -- N -N 1- N V] r Z.; E r N 0 U to CIL }d' GO 3-044150 BEZL2ZZ5d8•BLZEO0LOCISB ONO3 SE ls3SalscsZZ9is MOEI-031 tr 131Od 011 PISUI 7-09ELSU BEZ I.ZZ451,69/ZEN #0153 ON -03 SE 8LB03159612915 MOEI-031 Z 131Od911 maul 3-094100 eEZ 1ZZZSIB9L2E0041Q1S3 ONOO S£ IEt00LS5Z1Z919 mats-O3l S 1310d911 179v1 V-L00ZSO rar#N ,4ePunsaS 041941 965SO 5 ,5E PSL0015EZOZ914 OZL001S11161010 E al0J Ou{Isi.3 Y901. WSy 414611 Gary 40e11lad V-GRPL50 OEZL ZZZSY88LZE004410153 MOE [-031 u 0.i 00.M14 19000 pvlsu 005SO s .5C Z104015580Z94, 100d 00.0(103 V-0/110.3 uuy Y elllOfl 10000 aoaw.Oa V-09tr ISO 9LZLZZCSIBNLZEUU193IS3 MOOS -C131 500/0911 514011 190110 1191541 00500 5 s1 EL6031019100141 e ala] 6.4.1. 01 'MO C CHA0113:1 E 01 931110V3 - 3118 SairriVA 0611.7303 - F1 1 S3W73V3 M31- Ci3H ,OOE 'QNB a❑oo HO1Oo AOZ ,AOL 0 �11TP/r/fVT tl, •d LTTN SN AOC2 O 56kL'6SL, ` e016'k6�4 O vl UUe9'001) SN 0092 • ((19"0.11[) O 0 (9011094 •x 9900016616 1,2(990 94 •991 (905'004 9* Mop/ ftd.CC6t1 U 9 St (606'112) 9� 56 20:2 ( 90 0:2111 3111SJMIIS 50 6-i 10 2002 (924(991 CL 13"21. Sr ~ 1021 2-.1aOZI azgan rc91zz9) ,6020191 060905 (1112192) • rn 33V00009110 ZSOZSO SE61015181L645 1 OOmOS A 3 191 LE10102 ,1,['2,601 90 000.2 9 01 a 0)621100 911 902 (2096(61 ti ^JV 10E-6 3p(190 (0.66'6CS3 (616 'Orr) .4011 Y (96['61[11 AEP Texas Central Company Contribution -In -Aid -Df -Construction Agreement For Electric Distribution Service CITY OF CORPUS CHRISTI Service: BEACH AVE/ S. SHORELINE BLVD CARPUS CHRISIT, TX Contract 1: DWMS00000327417 work Request 1: 5$202235 Date: 1/e12016 you, CITY OF CORPUS CHRISTI (Customer) have requested AEP Texas Central Company (Company) to install/construct certain electric distribution facilities (hereinafter referred to as "Facilities') as follows:Retrofit existing street light (structure with LED 130W; IntaLl 2 Wood Street Light etructuren LED I30W (Cu): Install 4 concrete street light structures MG) 130W: Retrofit Street Light i Install 2 Flood Lights on one Existing Wood Pole The cost for construction/installation of the requested Facilities will be in except) of what would normally be provided by Company at no additional cast to the Customer to initiate service. In accordance with the Company's approved Tariff, an filed with the Public Otilitien Coamaiasion of Toxae, the Customer agrees to pay Cempany a are-tia:e, non-refundable, Contribution -In -Aid -Of -Construction (CIAO) in the amount of 24,010.46. The Customer understands that he/she receives no ownership or control or the Facilities by virtue of the payment of the cxAc. The Faciiitieo installed by the Company will remain the property of the Company. The Company expressly retains the right to use said Facilities for any purpose which Company deems appropriate under good utility practices, including the distribution of electric service to other customers. Ccopany agrees to Install Facilities to premises identified as follows: Beach Ave. and S. Shoreline, Corpus Christi, Texas, and the Customer agrees to provide payrant amountliatud in contract as Aid to Construction and to be ready to take electric service on or before 01/00/2016. It is understood and agreed that the Company will not begin construction/inetdllation of the Facilities until. lull payment of the CIAC has been received by the Coopanyt therefore, Customer under:staade and agrees that he/she needs to make full payment of the CIAC in sufficient time to allow for the construction/installation to be completed by the In Service Date. The pricing of the CIAC quoted herein is based on the specifics of the Customer's request, including the Customer's stated In Service Date, and must be accepted by the Customer by executing and returning to the Company this Agreement by 4/7/2016 to remain valid. Should Customer alter the request for facilities, or request a delay in (or is otherwise unable to take service by) the stated In Service Date, the Company reserved the right to update the pricing and require an additional CIRC payment to reflect any increases in cast due to the alteration in requested facilities or the delay in taking service, or both. Nothing contained herein sha11 be c❑nutrued as a waiver or rolinquiehmnnt by Company of any right it has or 'ay hereafter have to discontinue service for default in the payment of any bill owing or to become owing hereunder or for any reason or cause allowed by law. 5y signing and returning this Agreement. Customer understands and accepts the above described terms and conditions. Customer By Signature: Title: Date: City of Co Is Christi Project Manager 1-14- J(. Company By Signature: Title: Date: PLEASE » Please remit To: American Electric Power DETACH » Sandra Luna STUB » P.O. Box 2121 Corpus Christi, TX 78403 AND » Bill To: RETURN » CITY OF CORPUS CHRISTI WITH » PAYMENT » Company No: Contract No: Customer No: Date: Amount Due: Amount Remitted: 211 DWMS00000327417 1/8/2016 24,810.46 Contract No: DWMS00000327417 Date: 1/8/2016 PRO FORMA Customer No: Purchase Order: Description Quantity UOM Init Amt Net Amount Retrofit existing street light 1.0 EA 24,810.46 24,810.46 structure with LED 130W; Intall 2 59202235 Wood Street Light structures LED 130W (OH); Install 4 concrete street light structures (UG) 130W; Retrofit Street Light & Install 2 Flood Lights on one Existing Wood Pole Amount Due: 24,810.46 WR# 59202235 WO# DCP0251225 CORPUS CHRISTI, TX N N CY 4'1 m m 9 N J w J v w'"Lnai.d u_6 7v�'+d 4rtmn gU0) , o�� wit M w'MOIYM O 0 E V • e Mia Y � � 1 T t ti= 0 11t 0 v1 0 111 O n m tat 0 12, 0 m , Z � Q m U e �w M00) N N m N ry N LREGION: CORPUS DISTRICT: 138 f CREW HQ: 11735 1 ACCESSIBLE: K TES 0 HO f FIELD CHECKED: tt YES 0 NO 1 SCALE 1"-100' a MAPA: DRAWN SY: CYNDI REYES DATE: W21/2015 STAKED BY: DATE: COMP. SY: DATE: CLEARED BY: DATE: COMMENTS: OFFICE1351h881,5649 MAIL: CREYESC'AEP.COM AEP TREE TRIMMING: 0 YES X NO S N ". N NV' m D 60 u N O 2 O M1 p N F A' u K 6% - p z W O 1 TOWN: CORPUS CHRISTI 1 MANNOURS: 35.57 LEMMA CUSTOMER: CITY OF CORPUS CHRISTI LOCATION: BEACH AVE/ S. SHORELINE BLVD JOB DESCRIPTION: CUSTOMER SERVICE -CI -NEW SERVICE STATtON I CIRCUITS: NUECES BAY PLANT/ 94CS7840 HOATS REQUESTED: 972112515 1 DATE REQUIRED: 1112112015 COLOR CODE LEGEND 0 � 4 m • Corpus Chr'sti Capital Programs Light Up CC North Beach Council Presentation April 12, 2016 Location Map a 1c l i��na S}m.r Ay,ii Project Location Harbor fridge IH 37 --- Corp Christi �pv Mo�yen n a4 a Corpus Chr sti Capital Programs 2 Vicinity Map Corpus Chr sti Capital Programs North Beach Project Locations 3 Project Scope Corpus Chrsti Capital Programs This is part of the "Light Up CC" to improve lighting for better public safety and reduced crime for areas of Downtown, Uptown, Sea District and North Beach. • Funding is from the Parking Improvement Fund • 47 light fixture upgrades will be completed by AEP as follows: ✓ Retrofit of 17 existing fixtures with new LED fixtures ✓ 3 new LED light fixtures on existing wood poles ✓ 4 new wood poles with new LED light fixtures ✓ 21 new concrete poles with new LED light fixtures ✓ 2 new flood lights for safety on an existing pole A previous Light Up CC project on Leopard from Crosstown to Upper Broadway is near completion for 26 new or retrofitted LED fixtures. Corpus Chr sti Capital Programs Questions? 5 AGENDA MEMORANDUM First Reading for the City Council Meeting of April 12, 2016 Second Reading for the City Council Meeting of April 19, 2016 DATE: April 6, 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: Jeffrey H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Leopard Street (From Rose Street to Pierpont Street) - Parking Prohibition CAPTION: Ordinance amending the Code of Ordinances, Chapter 53, Section 53-252 Schedule 111 — Parking prohibited at all times on certain streets by adding Leopard Street, south side, from Rose Street to Pierpont Street. PURPOSE: This ordinance would prohibit parking at all times along south side of Leopard Street (3100 block) from Rose Street to Pierpont Street. BACKGROUND AND FINDINGS: The Corpus Christi Fire Department (CCFD) requests prohibited parking in front of Fire Station No. 5 located at 3105 Leopard Street. Safe transit of emergency vehicles exiting and entering the Fire Station is blocked by parked vehicles whenever events are held at the adjacent Buccaneer Stadium. The CCFD's frontage along Leopard is also blocked during street events such as the Buc Day Parade. City Traffic Engineer recommends prohibited parking for better public safety. The inconvenience to residents, businesses, and Roy Miller High School is negligible. The City's Traffic Engineering Division distributed letters to affected property owners and invited them to voice their input at the City's Transportation Advisory Commission (CTAC) meeting. No objections were raised. City Transportation Advisory Commission (CCTAC) reviewed the item on its October 26, 2015, meeting. CTAC recommended the parking prohibition approval. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This item conforms to the City Charter requirements to amend the Code of Ordinances. EMERGENCY / NON -EMERGENCY: DEPARTMENTAL CLEARANCES: Transportation Advisory Commission, Street Operations 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 Comments: None RECOMMENDATION: Staff recommends approval of this ordinance amendment. LIST OF SUPPORTING DOCUMENTS: Presentation Ordinance Location Map Ordinance amending the Code of Ordinances, Chapter 53, Section 53-252 Schedule III – Parking prohibited at all times on certain streets by adding Leopard Street, south side, from Rose Street to Pierpont Street Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. City Code of Ordinances, Chapter 53 Traffic, Article VIII Schedules, Section 53-252 Schedule III – Parking prohibited at all times on certain streets is revised to add Leopard Street, south side, from Rose Street to Pierpont Street. "Sec. 53-252. - Schedule III—Parking prohibited at all times on certain streets. In accordance with section 53-172 and when signs are erected giving notice thereof, no person shall at any time park a vehicle upon any of the following described streets or parts of streets: Leopard Street, both sides, between Up River Road and Oliver Courts. (Ord. No. 11059, § 1, 9-6-1972) Leopard Street, from the intersection of Port Avenue and Leopard Street westward to the intersection of Kennedy Avenue and Leopard Street. (Ord. No. 11413, § 1, 4-4-1973) Leopard Street, south side, from Rose Street to Pierpont Street. 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. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Leopard Street Parking Prohibition CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus chr sti Engineering Leopard Street - Parking Prohibition Council Presentation April 12, 2016 Vicinity Map Corpus Chr ski Engineering 6 N4eces .._ DSS "s M r sS} ® 11i37 . 4- �m 9�r�G Leopard St. x; -. 4are 0 4 PROJECT LOCATION Lou St m"'t' I. o 4 P. m! xrn Maly St Ruh St BUto'd St Nsvlgeit J D i n.a=r, K W 0 Lipan S XPi w 0 SS V - Mari St Colman Aro Buford St 2 Location Map Corpus Chr ski Engineering PROPOSED NO PARKING E1WEEN ROSE ST. & PIERPONT ST. FOPARD ST- -. �7n es _ee MILLER HIGH SCHOOL PARKING LOT RUCCANEFR STADIU This Ordinance proposes to prohibit parking at all times on Leopard Street, between Rose Street and Pierpont Street, in front of Fire Station No. 5 at 3105 Leopard Street. Corpus Chr ski Engineering QUESTIONS? 4 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of April 19, 2016 Second Reading for the City Council Meeting of April 26, 2016 DATE: March 29, 2016 TO: Ronald L. Olson, City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 5246 Lexington Road CAPTION: Case No. 0316-01 May Dev., LP: A change of zoning from the "RM -1" Multifamily 1 District to the "CG -2" General Commercial District. The property is described as Lot 6, Block 1, Bridgepoint Landing, located along the east side of Lexington Road approximately 490 feet south of South Padre Island Drive (SH 358). PURPOSE: The purpose of this item is to rezone the property to allow commercial uses. RECOMMENDATION: Planning Commission and Staff Recommendation (March 23, 2016): Approval of the change of zoning from the "RM -1" Multifamily 1 District to the "CG -2" General Commercial District. Vote Results: For: 6 Against: 0 Absent: 2 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RM -1" Multifamily 1 District to the "CG -2" General Commercial District to allow commercial uses. The applicant indicates that no specific development plans exist for the property at this time. The applicant seeks to change the zoning designation to a designation that is in accordance with the Future Land Use Map. The requested "CG -2" General Commercial zoning designation is largely consistent with the Future Land Use Map and the Southside Area Development Plan and a change from medium density residential uses to commercial uses will not alter the overall intent of the Southside Area Development Plan and the Future Land Use Map. The amendment is compatible with present zoning of nearby property and to the character of the surrounding area. The "CG -2" District would allow uses that are suited for the property and will not have a negative impact on adjacent uses. ALTERNATIVES: 1. Approve an intermediate zoning district 2. Deny the request. OTHER CONSIDERATIONS: The City's adopted Urban Transportation Plan includes the alignment for Williams Drive, a "C3" Primary Collector, a portion of which is planned to be constructed along the southerly boundary of the subject property. It is anticipated that a dedication of property from this property for right-of-way will be necessary. Staff finds that further analysis is required to determine if the existing roadway section of Lexington Road from South Padre Island Drive to the southerly boundary of the property is sufficient to support the number of vehicle trips likely to be generated by commercial development on the subject property. The number of peak hour trips could be around 500 peak hour vehicle trips, depending on the uses developed. Consequently, it is important to note that future improvements to Lexington Road may be required in conjunction with development of the subject property. The determination of required improvements will occur with the review and approval of subsequent development applications. CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan and is largely consistent with the adopted Future Land Use Plan, which slates the property for commercial uses. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by May Dev., LP ("Owner"), by changing the UDC Zoning Map in reference to Lot 6, Block 1, Bridgepoint Landing, from the "RM -1" Multifamily 1 District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of May Dev., LP ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 23, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "CG -2" General Commercial District, and on Tuesday, April 19, 2016, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by May Dev., LP. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning of Lot 6, Block 1, Bridgepoint Landing, located along the east side of Lexington Road approximately 490 feet south of South Padre Island Drive (SH 358) (the "Property"), from the "RM -1" Multifamily 1 District to the "CG -2" General Commercial District (Zoning Map No. 039034), as shown in Exhibit "A". Exhibit A, which is a map of the property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. The change of zoning amends the Future Land Use Map, an element of the Comprehensive Plan, to show the entire Property for commercial uses. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance_0316-01 May Dev., LP Page 2 of 2 ti RS -6 3S8 Cak RS -4.. 800 Feet RM -3 Date Created: 3/3/2016 Prepared By: IvetteM Department of Development Services CASE: 0316-01 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse Sp Special Permit RV Recreational Vehicle Park RMH Manufactured Home O LOCATION MAP rp SUBJECT PROPERTY Cayo Del Oso 1 City of Corpus Christi Exhibit A Aerial Overview Aerial PLANNING COMMISSION FINAL REPORT Case No. 0316-01 HTE No. 16-10000008 Planning Commission Hearing Date: March 23, 2016 Applicant & Legal Description Owner: May Dev., LP Applicant/Representatives: Urban Engineering Legal Description/Location: Lot 6, Block 1, Bridgepoint Landing, located along the east side of Lexington Road approximately 490 feet south of South Padre Island Drive (SH 358). Zoning Request From: "RM -1" Multifamily 1 District To: "CG -2" General Commercial District Area: 11.515 acres Purpose of Request: To allow commercial uses. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RM -1" Multifamily 1 Vacant Commercial, Drainage Corridor and Medium Density Residential North "CG -2" General Commercial Commercial Commercial South "RS -6" Single -Family 6 Vacant Low Density Residential East "CG -2" General Commercial and "RM -3" Multifamily 3 Vacant and Public/Semi Public Commercial, Drainage Corridor and Medium Density Residential West "RS -6" Single -Family 6 Vacant and Drainage Corridor Commercial and Drainage Corridor ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for commercial uses. The proposed rezoning to the "CG -2" General Commercial District is largely consistent with the adopted Future Land Use Map and the Southside Area Development Plan. A very small portion of the southeast corner of the property is planned for medium density residential uses. Map No.: 039034 Zoning Violations: None Planning Commission Final Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 800 feet of street frontage along Lexington Road, which is a 01 Minor Residential Collector street. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Lexington Road "01" Minor Residential Collector 60' ROW 40' paved 66' ROW 20' paved N/A Williams Drive "C3" Primary Collector 75' ROW 50' paved Does not exist N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM -1" Multifamily 1 District to the "CG -2" General Commercial District to allow commercial uses. Development Plan: The applicant indicates that no specific development plans exist for the property at this time. The applicant seeks to change the zoning designation to a designation that is in accordance with the Future Land Use Map. Existing Land Uses & Zoning: The subject property is vacant and zoned "RM -1" Multifamily 1 District. North of the subject property is a commercial boat sales business in the "CG -2" General Commercial District which is owned by the subject property owner. All other surrounding properties are vacant, "RS -6" Single -Family 6 to the south and west, and "CG -2" General Commercial and "RM -1" Multifamily 1 to the east. A very small portion of the southeast corner has a public/semi-public use. Transportation: The City's adopted Urban Transportation Plan was recently amended to realign the planned collector roadway named Williams Drive. Williams Drive is pertinent to this application as it is planned to abut the subject property along the southerly property line. Williams Drive is a "C3" Primary Collector planned for a right-of- way width of seventy-five (75) feet. Although there are no immediate plans to construct Williams Drive in the area abutting the subject property at this time, additional right-of- way is needed to ensure sufficient right-of-way exists for eventual construction. Staff finds that the existing roadway section of Lexington Road from South Padre Island Drive to the southerly boundary of the property may be insufficient to support the number of vehicle trips likely to be generated by commercial development on the subject property. The number of peak hour trips could be around 500 peak hour vehicle trips, depending on the uses developed. Consequently, it is important to note that future improvements to Lexington Road may be required in conjunction with Planning Commission Final Report Page 3 development of the subject property. The determination of required improvements will occur with the review and approval of subsequent development applications. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is platted. Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "CG -2" General Commercial District is largely consistent with the Southside ADP and the adopted Future Land Use Map's designation of the property for commercial uses. Comprehensive Plan and Southside Area Development Plan policies applicable to this application include the following: • Comprehensive Plan General Policy Statement D: New development should occur in a pattern which is cost effective. • Comprehensive Plan Residential Policy Statement E: Commercial activities which generate large volumes of traffic should have direct access to an arterial road without having to traverse low-density areas. • Comprehensive Plan Residential Policy Statement H: Encouraging infill development on vacant tracts of land within developed areas. • Comprehensive Plan Residential Policy Statement 1: Incompatible industrial and commercial land uses should not abut residential areas. • Comprehensive Plan Commercial Policy Statement D: Expansion of commercial uses into or within residential areas may be permitted only if the expansion maintains or improves the residential desirability of the impacted area. • Southside Area Development Plan Policy Statement: High-intensity commercial and industrial uses should be buffered to provide transition from low- density residential areas through the existence of: A) Main roads; B) Public and institutional buildings; C) Open space; D) Scale of design; and E)Other transitional land uses. Department Comments: • The Future Land Use Map splits the subject property along the drainage corridor and designates the largest portion suitable for commercial uses and a small portion for medium density residential uses. • The requested "CG -2" General Commercial zoning designation is largely consistent with the Future Land Use Map and the Southside Area Development Plan. • A change from medium density residential uses to commercial uses will not alter the overall intent of the Southside Area Development Plan and the Future Land Use Map. Planning Commission Final Report Page 4 • The amendment is compatible with present zoning of nearby property and to the character of the surrounding area. • A "CG -2" District would allow uses that are suited for the property. • Approval of the change in zoning may further policies of the Comprehensive Plan that pertain to infill development. • The zoning change will not have a negative impact upon the surrounding properties from a land use perspective. • Subsequent development of the subject property may further the City's adopted Urban Transportation Plan as it pertains to the construction of Williams Drive, a planned "C3" Primary Collector. A dedication for right-of-way will be necessary to further the Urban Transportation Plan. • Development standards and requirements in the Unified Development Code and adopted construction standards will ensure that eventual development occurs in a manner that will be compatible with future adjacent development. o Specific development requirements including but not limited to infrastructure requirements and so forth will be determined via subsequent permit processes. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RM -1" Multifamily 1 District to the "CG -2" General Commercial District. Public Notification Number of Notices Mailed — 11 within 200 -foot notification area 3 outside notification area As of March 29, 2016: In Favor — 1 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 1 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Application 3. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\0316-01 May Dev., LP (Bridgepoint)\Council Documents\Report- _0316-01 May Dev., LP.docx E Q LOCATION MAP ti 0 " 0 ti - v ti- �Z 4, R S .6` Willi Glen e Gre. ted: 3/2/2016 ,Pre0SLad ByalvetteM Depart ent of De%t elopt}i lit SUrvice6 47 CASE: 0316-01 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition City of Corpus Christi o�p3s c-4, G 7. Ym v y x 18s2 Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street REZONING APPLICATION >. 0 cu m N C1 f$ 0 Case No.: PC Hearing Hearing Hearing . A MAXIMUM * INCOMPLETE 0316-01 Map No.: 039034 Date: 3/23/16 Proj.Mgr: Location: City Hall, Council Chambers, 1201 Leopard Street Time: 5:30 p.m. PER HEARING. OF FIVE REZONINGS CASES ARE SCHEDULED APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant: Mailing City: Corpus E-mail: Urban Engineering Contact Person : Xavier Galvan address:2725 Swatner Drive Christi State: TX ZIP: 78404 Phone: (361 ) 854-3101 Cell: ( ) 2. Property Mailing city:Be-villestate:TX Owner(s): May Dev., LP Contact Person : Alex May Address: P.O. Box 101 ZIP 78104 Phone: (361 )533-0994 E-mai Cell: ( ) 3. Subject Current 12 -Digit Subdivision Legal Property Address: 5246 Lexington Road Area of Request (SFlacres): 11.515 Acres Zoning &Use: RM -1 (Agricultural Use) Proposed Zoning &Use: CG -2 (Commercial) Nueces County Tax ID: 0984 - 0001 _ 0060 Name: Bridgepointe Landing Block; 1 Lot(s): 6 Description if not platted: 4. Submittal Requirements: 0 Early Assistance Meeting: Date Held CO Land Use Statement © Disclosure IF APPLICABLE: ❑ Peak Hour Trip Form (if request is inconsistent o Metes & Bounds Description with exhibit ❑� Appointment of Agent Form if landowner 1-25-16Dolores Wood. Miguel Torres, Andrew Dimas & Juan Lerma ; with City Staff of Interest 0 Copy of Warranty Deed with Future Land Use Plan) 0 Site Plan for PUD or Special Permit if property includes un -platted land (sealed by RPLS) ll Lien Holder Authorization is not signing this form 1 certify that I have provided the City of Corpus Christi with a complete applicatio, for reyyy w; JJh(t I am authorized to initiate this rezoning / as or on behalf of the Property Owner(s); and the i. ormati (i s accurate. erorAgen' gnature it/oG 4 /96.8 Applican' Signature/ W. Alex %?dm&/cr 4. i4Y .UCC'FtJlr C- 2i? } �.k. Owner or Agent's Printed Name Applicant's Printed Name Office Use Rezoning No. Signs Only: Date Received: Fee: $1,976.75 2-22-16 Received By: BKP ADP: SS + PUD Fee 0 + Sign Fee 10.00 = Total Fee $1,986 7S Required 1 @ $10/sign Sign Posting Date: 3/44-6-- ..—., [aooimd 5H 2/2515 .. KV&VS.I OfMFNTSVCSIS ARrrt AND OF VFI OMENnAPPI ICATION FORMSViFIONINGVONING APPI IGATION 1015. PUS 4'', 0174 I y. f -` 185 Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street REZONING APPLICATION Office Use Only Case No.: Map No.: PC Hearing Date: Proj.Mgr: Hearing Location: City Hall, Council Chambers, 1201 Leopard Street Hearing Time: 5:30 p.m. PER HEARING. * A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED * INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant: Urban Engineering Contact Person :Xavier Galvan Mailing Address:2725 Swatner Drive City: Corpus Christi E-mail: State: TX zip: 78404 Phone: (361 ) 854-3101 Cell: ( 2. Property Owner(s): May Dev., LP Contact Person : Alex May Mailing Address: P.O. Box 101 City: B E-mail: .TX zip:78104 Phone: (361 ) 533-0994 Cell: ( ) 3. Subject Property Address: 5246 Lexington Road Area of Request (SF/acres): 11.515 Acres Current Zoning & Use: RM -1 (Agricultural Use) Proposed Zoning & Use: CG -2 (Commercial) 12 -Digit Nueces County Tax ID: 984 - 0001 _ 0060 Subdivision Name: Bridgepointe Landing Block: 1 Lot(s): 6 Legal Description if not platted: 4. Submittal Requirements: Date Held 11 Disclosure is inconsistent with exhibit landowner 1-25-16 ; with City Staff Dolores Wood, Miguel Torres, Andrew Dimas & Juan Lerma ❑ Early Assistance Meeting: of Interest Nj Copy of Warranty Deed 0 Land Use Statement IF APPLICABLE: ■ Peak Hour Trip Form (if request with Future Land Use Plan) ■ Site Plan for PUD or Special Permit ❑ Metes & Bounds Description if property includes un -platted land (sealed by RPLS) is not signing this form I7 Lien Holder Authorization ❑ Appointment of Agent Form if certify that I have provided the City of Corpus Christi with a complete applicatio for re h as or on behalf of the Property Owner(s); and the i armatii t I am authorized to initiate this rezoning ' s accurate. „djavrimer or Agegnature Appliean ' Signature 1 W. Alex ',1.. ,Je ve C_ f r2 • iu Owner or Agent's Printed Name Applicant's Printed Name Office Use Only: Date Received: Received By: ADP: Rezoning Fee: + PUD Fee + Sign Fee = Total Fee No, Signs Required @ $10/sign Sign Posting Date: K:1DEVELOPMENTSVCSISFfARE61LAND DEVELOPMENTIAPPLIGATION FORMSIREZONINGIZONING APPLICATION 2015.DOG Form Revised 5/12/2015 LAND USE STATEMENT 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. Our client is requesting a change of zoning from RM -1 to CG -2. Our client does not have any specific plans for the property at this time. The proposed zoning is consistent with the City of Corpus Christi future land use map. 2. Identify the existing land uses adjoining the area of request: North - CG -2 (Commercial) South - RM -1 (Lift Station) East - CG -2 and RM -3 (Agricultural) West - RS -6 (Agricultural) C:\USERS\TANYAR.000\DESKTOP\DAILY USE\ANNIKA\LAND USE STATEMENT FOR ZONING.DOC DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: May Dev., L.P., a Texas limited partnership STREET: P.O. Box 101 FIRM is:OCorporation ®Partnership CITY: Beeville ZIP: 78104 Sole Owner °Association °Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership In the above named "firm". Name N/A Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant NIA 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: W. Alex May (Print Name) Signature of Certifying Person: Title: Managing Member Date: 2--/7. K:IDEVELOPMENTSVCSISHAREO\LAND DEVELOPMENT APPLICATION FORMSIREZONINGSDISCLOSURE OF INTERESTS STATEMENT 5.12.2015.DOC 1111111111111111111, MOW City of Corpus C1r1st1. DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Services P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at: 2406 Leopard Street (Corner 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: Urban Engineering STREET: 2725 Swantner Drive CITY: Corpus Christi, Texas Bp: 78404 FIRM is: ❑x Corporation ❑ Partnership ❑ Sole Owner ❑ Association ❑ Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A CERTIFICATE 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: ek,J 1 e. ��41,�^„ Title: \.- (Print) Signature of Certifying Person: Date: 2 _"t/_-140 K,IDEVELOPMENTSVCSISNAREDILAND DEVELOPM TFRORF}I NCL AD\ 1INISTRA ION ' PLICATION FORMS\FORMS AS PER LEGA1.120121DISCLOSURE OF INTERESTS STATEMENT1. 27.12_ DOC NAME: STREET: CITY: ZIP: FIRM is: Corporation Partnership Sole Owner Association °Other DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". /2JJ-ter ) v1 /i' /LP 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 //OA/6 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 / /ON 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 No/0R 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: a -limier A. AAAv (Print Name) Signature of Certifying Person: //-4-4A4,42 Title: u -/X P�'RrAlER Date: 2 `Z 3-/6 K'.IDEVELOPMENTSVCS\SHARED\LAND DEVELOPMENTIAPPLICATION FORMS \ REZONING \DISCLOSURE OF INTERESTS STATEMENT_5.12.2O15.DOC Beverly Priestley From: jhowdencc@aol.com Sent: Sunday, March 13, 2016 10:24 AM To: Beverly Priestley Subject: Rezoning case # 0316-01 Good Morning Beverly, I spoke with you last week concerning the rezoning of a lot on Lexington Road. The case number is 0316-01. My concern is the traffic any commercial development would play on Lexington Road. This is a residential street, very narrow with no curbs or sidewalks. Friday morning trash and recycle days are a challenge when it is essentially reduced to one lane. Lexington Road is also a connecting street between Holly and SPID. We have a huge amount of traffic from Rodd Field and Enis Joslin cutting through during the morning rush hour and after 4:00 p.m. Just about the same time kids are walking to the bus stop on Holly Road and residents are trying to get out of their driveways to go to work. Yes, sometimes I must wait several minutes for the cars to let me out from my own driveway in the afternoon. About two years ago, we were successful in obtaining three speed tables on our street. This helped slow down traffic from the average 47 mph (City study prior to installation) to approximately 30 mph. That same study found over 400 cars traveling down Lexington in one morning rush hour! The speed tables have helped on this, but any commercial development will once again bring in the traffic. I understand there are "plans" to extend Enis Joslin and Williams, which would help us tremendously. However, these plans will not take effect until after the commercial development starts. I am unable to attend the March 23, 2016 meeting to express my concerns, I would appreciate if you would bring these up to the Board. Whatever development takes place along Lexington Road, it must have a traffic plan for the residents living on Lexington Road. Please acknowledge receipt of this email for my records. Sincerely, Karen Howden 5637 Lexington Road Corpus Christi, Texas 78412 361-986-1268 Outside 200' Notification Area 1 1 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, pue tienen la intencion de asistir a esta junta v cue requieren sen.+icios esneciales, se les suplica oue den aviso 48 }or$ antes de la junta Ilamando al departamento de servicios de desarrollc_ al ntimero(361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a Ia commission durante Ia junta v su irides es limitado, favor de llamar al departamento de servicios de desarrollo al ntamero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante Ia iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0316-01 May Dev., LP has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -1" Multifamily 1 District to the "CG -2" General Commercial District. The property to be rezoned is described as: Lot 6, Block 1, Bridgepoint Landing, located along the east side of Lexington Road approximately 490 feet south of South Padre island Drive (SH 358). The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, March 23, 2016 during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chamber, 1-7ialta=reet. You are invited to attend thiLmatigaggigagiwress your views on this rezoning Tec e . `information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in_person, by telephone call or by letter. Printed Name: RD," e L iO C T izz RA Address: 7& 13 S PY-0 ( IN FA'QI ( ) IN OPPOSITION REASON:. D ,r! F !FI MAR 172016 DEVELOPMENT SERVICES SPECIAL SERVICES SEE MAP ON REVERSE SIDE Property Owner ID. 5 HTE# 16-10000008 S City/State: CL- 7j . Phone:) ?ro! 01P Case No. 0316-01 Project Manager. Dolores Wood AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of April 19, 2016 Second Reading for the City Council Meeting of April 26, 2016 DATE: March 29, 2016 TO: Ronald L. Olson, City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 14806 Leeward Drive CAPTION: Case No. 0316-03 Ocean Harbor II, LLC: A change of zoning from the "RM-AT/IO" Multifamily AT District with an Island Overlay to the "RS-TH/IO/PUD" Townhouse District with an Island Overlay and Planned Unit Development Overlay. The property is described as Lots 22, 23, and 24, Block 52, Padre Island -Corpus Christi Section B, located on the southeast corner of Leeward Drive and St. Bartholomew Avenue. PURPOSE: The purpose of this item is to rezone the property to allow for the development of a townhouse development that deviates from the typical standards. RECOMMENDATION: Planning Commission and Staff Recommendation (March 23, 2016): Approval of the change of zoning from the "RM-AT/IO" Multifamily AT District with an Island Overlay to the "RS-TH/IO/PUD" Townhouse District with an Island Overlay and Planned Unit Development Overlay with the following conditions. 1.) Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with the Village By The Beach 2 Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of 24 townhouse units and common area amenities and shall be constructed in one phase. The PUD shall allow short-term rentals of less than 30 days. 2.) Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 16.44 dwelling units per acre. 3.) Building Height: The maximum height of any structure on the Property is 45 feet. 4.) Parking: The Property must have a minimum of 56 standard parking spaces (9 feet wide by 18 feet long). Parking is prohibited within the private street and pedestrian walkways. 5.) Setbacks and Lot Width: Minimum 18 -foot wide front yard setbacks shall be provided for each lot along the private street. Minimum street yard of ten -feet is required along public streets. Minimum rear yard setbacks for all lots shall be five feet. Minimum four -foot wide side yard is required along Packery View Loop. Minimum width for townhouse lots shall be 17 feet. 6.) Open Space: The Property must maintain a minimum of 28% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7.) Private Street Access: The two-way private access drive shall not be less than 24 feet and shall be striped to indicate "Fire Lane/No Parking." 8.) Pedestrian Access: A minimum six-foot wide sidewalk shall be constructed along one side of the private street. 9.) Dumpster Screening: A minimum six-foot tall screening fence shall be constructed, maintained, and remain in place around a dumpster placed in the street yard. 10.) Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. Vote Results: For: 6 Against: 0 Absent: 2 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RM- AT/IO" Multifamily AT District with an Island Overlay to the "RS-TH/IO/PUD" Townhouse District with an Island Overlay and Planned Unit Development Overlay to allow the development a 24 -unit single-family development. This PUD utilizes decreased lot sizes, lot widths, and street width, while maintaining building height and open space requirements. The development is in harmony with the character of the surrounding area and offers an alternative in housing types. The proposed rezoning is compatible with the present zoning and conforming uses of nearby properties and to the character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood and the subject property is suitable for the uses proposed by this rezoning. ALTERNATIVES: 1. Modify the conditions of the Planned Unit Development 2. Deny the request OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Mustang -Padre Island Area Development Plan and the rezoning to the "RS-TH/IO/PUD" Townhouse District with an Island Overlay and Planned Unit Development Overlay is consistent with the adopted Future Land Use Map and the Mustang Padre Island Area Development Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Ocean Harbor II, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lots 22, 23, and 24, Block 52, Padre Island -Corpus Christi Section B, from the "RM-AT/IO" Multifamily AT District with an Island Overlay to the "RS-TH/IO/PUD" Townhouse District with an Island Overlay and Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Ocean Harbor II, LLC ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 23, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "RS-TH/IO/PUD" Townhouse District with an Island Overlay and Planned Unit Development Overlay, and on Tuesday, April 19, 2016, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application by Ocean Harbor II, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a Lots 22, 23, and 24, Block 52, Padre Island -Corpus Christi Section B, located on the southeast corner of Leeward Drive and St. Bartholomew Avenue (the "Property"), from the "RM-AT/IO" Multifamily AT District with an Island Overlay to the "RS-TH/IO/PUD" Townhouse District with an Island Overlay and Planned Unit Development Overlay (Zoning Map No. 028026), as shown in Exhibits "A" and "B". Exhibit A, which is a map of the Property, and Exhibit B, which is the Village By The Beach 2 Planned Unit Development (PUD) Guidelines and Master Site Plan for the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner meeting the requirements of Exhibit B and the following conditions: 1.) Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with the Village By The Beach 2 Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of 24 townhouse units and common area amenities and shall be constructed in one phase. The PUD shall allow short-term rentals of less than 30 days. 2.) Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 16.44 dwelling units per acre. 3.) Building Height: The maximum height of any structure on the Property is 45 feet. 4.) Parking: The Property must have a minimum of 56 standard parking spaces (9 feet wide by 18 feet long). Parking is prohibited within the private street and pedestrian walkways. 5.) Setbacks and Lot Width: Minimum 18 -foot wide front yard setbacks shall be provided for each lot along the private street. Minimum street yard of ten -feet is required along public streets. Minimum rear yard setbacks for all lots shall be five feet. Minimum four -foot wide side yard is required along Packery View Loop. Minimum width for townhouse lots shall be 17 feet. 6.) Open Space: The Property must maintain a minimum of 28% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7.) Private Street Access: The two-way private access drive shall not be less than 24 feet and shall be striped to indicate "Fire Lane/No Parking." 8.) Pedestrian Access: A minimum six-foot wide sidewalk shall be constructed along one side of the private street. 9.) Dumpster Screening: A minimum six-foot tall screening fence shall be constructed, maintained, and remain in place around a dumpster placed in the street yard. 10.) Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre Page 2 of 3 The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance -Village by the Beach 2 PUD Page 3 of 3 SUBJECT PROPERTY CR -2 !0 RS -6 Date Created: 3/343016 Prepared -By: Ivett6M Department of Development S?N /es/ CASE: 0316-03 SUBJECT PROPERTY WITH ZONING 7/j Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse Sp Special Permit RV Recreational Vehicle Park RMH Manufactured Home - \%'....%,-.UBJECT PR.OP\ERTY LOCATION MAP Exhibit A VILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) PADRE ISLAND CORPUS CHRISTI, TEXAS OWNER OCEAN HARBOR II, LLC. REPRESENTATIVE WILLARD H. HAMMONDS, II, PRESIDENT SUBMITTED BY NE1 NAISMITH ENGINEERING, INC. ENGINEER: CRAIG B. THOMPSON, P.E. January 2016 NaismithEngineering,Inc ARCHITECTURE■ ENGINEERING ■ ENVIRONMENTAL ■ SURVEYING ESTABLISHED 1949 EXHIBIT B 4501 Gollihar Road. Corpus Christi, TX 78411 ■ 800-677-2831 361-814-9900 Fax 361-814-4401 ■ naismith-engineering.com CONTENTS DEVELOPMENT DESCRIPTION 3 DEVELOPMENT LOCATION MAP 3 ADJACENT LAND USE AND ZONING 4 LOT LAYOUT 4 DEVELOPMENT DEVIATIONS 5 DEVELOPMENT GUIDELINES 5 OPEN SPACE LAYOUT 7 VEHICULAR AND PEDESTRIAN ACCESS 8 PARKING REQUIREMENTS 9 TYPICAL CROSS SECTION 10 VILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) Page 2 EXHIBIT B DEVELOPMENT DESCRIPTION The Village by the Beach 2 Planned Unit Development (PUD) consists of a Re -Plat of Lot 22, 23 & 24, Block 52, Padre Island on Leeward Dr. & St. Bartholomew Ave. in Corpus Christi, TX. The property will be rezoned from RM-AT/IO to RS-TH/IO/PUD. The development is a 1.45 acre non -gated community that will consist of twenty-four (24) attached single-family units with one (1) common area, which calculates to a density of 16.51 units per acre. The layout of the community will allow the residents the ability to enjoy a landscaped common area and be able to walk to the common area with ease. This Planned Unit Development fits with the existing characteristics of the surrounding properties and will fit with the culture of Padre Island. DEVELOPMENT LOCATION MAP VILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) Page 3 EXHIBIT B ADJACENT LAND USE AND ZONING The following table indicates the Adjacent Land Use and Zoning at the time of the PUD: The following is the Lot Layout for the development: iT RESIDENTIAL LOT COMMON AREA LOT 1 I ACCESS AND UTILITY EASEMENT LOT -=-PUD BOUNDARY LEEWARD DRIVE (400' RA.W,) LOT LAYOUT PROPERTY BOUNDARY LINE lalVILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) Page 4 EXHIBIT B CURRENT LAND USE ZONING North of Property Commercial CR-2/IO South of Property Residential RS-TH/IO/PUD East of Property Residential RM-AT/IO West of Property Residential RM-AT/IO The following is the Lot Layout for the development: iT RESIDENTIAL LOT COMMON AREA LOT 1 I ACCESS AND UTILITY EASEMENT LOT -=-PUD BOUNDARY LEEWARD DRIVE (400' RA.W,) LOT LAYOUT PROPERTY BOUNDARY LINE lalVILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) Page 4 EXHIBIT B DEVELOPMENT DEVIATIONS The following table indicates the Development Deviations: DESCRIPTION ZONING / PLATTING ORDINANCE REQUIREMENT (RS-TH) PUD REQUIREMENTS Site Area (sq. ft.) 20,000 63,162 Min. Lot Area (sq. ft.) 2,600 1,1821 Min. Lot Width (ft.) 26 17 Yard Requirements (Minimum in Feet) Street — Non -Corner 10 18 Street —Corner 10 10 Side — Single 0 4 Rear 5 5 Open Space — Percent Minimum 30 28 Building Height— Maximum in Feet 45 45 Building Spacing — Minimum in Feet 10 02 Parking Requirement Per Unit 1.5 (1 Bedroom) 2 (2+ Bedroom) 1/5 (Guest) 1.5 (1 Bedroom) 2 (2+ Bedroom) 1/5 (Guest) Curb Type Standard 6" Curb and Gutter None Sidewalk 5' width on both sides 6' width on one side Paved Street Width 28' 24' 1 Lots 50-57 (8 Lots). 2 As per International Building Code. DEVELOPMENT GUIDELINES The fol owing tables indicate the Development Guidelines for each lot type within the development: DEVELOPMENT LOTS DESCRIPTION BLOCK NUMBER LOT NUMBERS Residential Lot(s) 1 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 Common Area Lot(s) 1 73 Private Access and Utility Easement Lot(s) 1 74 lalVILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) EXHIBIT B Page 5 RESIDENTIAL LOT(S) DESCRIPTION REQUIREMENTS Usage Single Family Residential Lot Area (sq. ft.) Minimum = 1,180 Maximum = 2,550 Lot Width (ft.) Minimum = 17 Maximum = 30 Yard Requirements (Minimum in Feet) Street — Non -Corner 18 10 4 5 Street—Corner Side — Single Rear Building Height — Maximum in Feet 45 Building Spacing — Minimum in Feet N/A Parking Requirement Per Unit 1.5 (1 Bedroom) 2 (2+ Bedroom) 1/5 (Guest) Maintenance Lot Owner and/or Home Owners Association (HOA) Improvements Allowed Residential structure(s) and support structure(s) including decks, porches, pavements, fencing, landscaping, etc. Improvements Placement Shall not protrude into the yard or easement(s), or beyond the property line (whichever is applicable) except for pavements, fencing, and landscaping. Short Term Rentals Allowed. COMMON AREA LOT(S) DESCRIPTION REQUIREMENTS Usage Non -Residential Structures supporting the Community Lot Area (sq. ft.) N/A Lot Width (ft.) N/A Yard Requirements (Minimum in Feet) Street — Non -Corner As indicated on Master Site Plan Street—Corner As indicated on Master Site Plan Side — Single Rear As indicated on Master Site Plan As indicated on Master Site Plan Building Height — Maximum 1 -story Building Spacing — Minimum in Feet As per International Building Code Parking Requirement 0.0 / unit Maintenance Home Owners Association (HOA) Improvements Allowed Community structures and support structures including decks, porches, pavements, fencing, landscaping, utilities, etc. Improvements Placement Shall not protrude into the yard or easement(s), or beyond the property line (whichever is applicable) except for pavements, fencing, landscaping, and utilities. rola VILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) EXHIBIT B Page 6 ACCESS AND UTILITY EASEMENT LOT(S) DESCRIPTION REQUIREMENTS Usage Non -Residential Structures supporting the Community Lot Area (sq. ft.) N/A Lot Width (ft.) N/A Yard Requirements (Minimum in Feet) Street — Non -Corner N/A Street—Corner N/A Side —Single Rear N/A N/A Building Height — Maximum N/A Building Spacing — Minimum in Feet 10 Parking Requirement 0.0 / unit Maintenance Home Owners Association (HOA) Improvements Allowed Community structures and support structures, including fencing, signage, pavements, landscaping (hard and soft), utilities, etc. Improvements Placement Shall not be beyond the property line except for pavements, fencing, landscaping, and utilities. OPEN SPACE LAYOUT The fol owing is the Open Space Layout for the development: OPEN SPACE CALCULATION QUANTITY (SQUARE FEET) QUANTITY (ACRE) Total Area of PUD 63,320 1.45 LO0 Total Residential Building Area 19,623 0.45 2 v < Total Residential Driveway Area 7,521 0.17 E 1 PERCENT OF Access and Utility Easement 18,434 0.42 AREA Total Non -Open Space (Impervious Area) 45,578 1.04 72.0 Total Open Space (Pervious Area) 2 17,742 0.41 28.0 1 Area of all Pavement and Sidewalk excluding Residential Driveway Area 2 Minimum Open Space required is 28% lalVILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) Page 7 EXHIBIT B LANDSCAPED AREAS COMMON AREA RESIDENTIAL BUILDING AREA =STREET PAVEMENT RESIDENTIAL DRIVEWAY AREA SIDEWALK "-PUD BOUNDARY I 1 LEEWARD DRIVE (1OO R.O.W.) VEHICULAR AND PEDESTRIAN ACCESS The Vehicular and Pedestrian Access for the development is indicated below. Vehicular access will be provided by one two-way private access drive 24' wide from edge of pavement. Pedestrian access will be provided by a 6' sidewalk on one side of the private drive. Additional sidewalks may be provided to promote walkability and access to amenities that are not indicated. There will not be any security gates for entrance to or exit from the property. Common area amenities include the pool and related structures. lalVILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) Page 8 EXHIBIT B STREET PAVEMENT SIDEWALK -..-PUD BOUNDARY LEEWARD DRIVE (100' R.O.W.) 24' WIDE DRIVE ( INGRESS / EGRESS) DUMPSTER AREA (SCREENING REQUIRED) The fol owing is the Parking Requirements for the development: PARKING REQUIREMENTS LOT TYPE REQUIREMENTS QUANTITY OF LOTS QUANTITY OF PARKING REQUIRED QUANTITY OF PARKING PROVIDED Residential 1 Bedroom Unit 1.5 per unit 0 0.0 0.0 2+ Bedroom Unit 2 per unit 24 48.0 51.0 Guest 1 per 5 units 24 4.8 5.0 Common Area 0 per unit 1 0.0 0.0 Access and Utility Easement 0 per unit 1 0.0 0.0 Total: 52.8 56.0 rola VILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) EXHIBIT B Page 9 TYPICAL CROSS SECTION The following are Typical Cross Section(s) for the development: Cross Section A icy YR / UE '1 r -ACCESS 1 UE-1-18'YR-I Cross Section B PUD BOUDARY LINE 10' U 38.5' ACCESS / UE— -x--18 lalVILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) Page 10 EXHIBIT B N� NOTES: 1= VEHICULAR 22RIVEWAY ACCESS ONTO LEEWARD DRIVE PROHIBITED FROM BLOC= 1, LOT z4=, 2= =VEHICULAR MRIVEWAY ACCESS ONTO ST BARTHOLOMEW AVENUE PROHIBITED FROM BLOC= 1, LOT 2= BLOC= I,LOT s_ COMMON AREA WALL BE MAINTAINED BY HOME OWNERS ASSOCIATION= x BLOC= I,LOT =4SION BUILDABLE LOT: PRIVATE STREET SHALL BE USED AS ACCESS AND UTILITY EASEMENT AND MAINTAINED BY HOME OWNERS ASSOCIATION= 4= ALL ROADS AND SANITARY SEWER LINES NALL BE PRIVATE AND ARE TO BE MAINTAINED BY THE HCM EOWJERS ASSOCIATION 5= REPIACEM ENT COSTS OF THE PRIVATE SIDEWAL=AND OTHER AMENITIES WITHIN A PUBLIC UTILITY EASEMENT SHALL BE THE RESPONSIBILITY OF THE HOME OWNERS ASSOCIATION= THE YARD RE=UIREMENT, AS DEFICIED, IS A REF UIREMENT OF THE UNIFIED DEVELOPMENT CODE AND IS SUBJECT TO CHANGE AS THE ONING MAY CHANGE= LEGEND •IRON ROD FOUND O IRON ROD SET 0 Bloc=son._ RZ AMP RECORDS PROPER, LOT LINE HUN EASEMENT - 11E DRAINAGE „SErne, - DE ROAD „NTERLINE ACCESS ASENIENT - 11 Parcel Line Table c 14 4 N63618'36 23"W Curve Table C.== c— RTI— Csa L—_ C1 25.= 2=45- 55= N13.2 23"E 25.= C2 2.- 2= - 5== S13. 31'373N 2=4= cs 153= 1— Nfir 14' 10"E 1== C4 4=- 2=45— N22°02'02"E 4_— 05 2=45- 13= N250 51'40"E C6 4_- 2=45- 1= 510,7' 2105/ 4== CI 2=45— N18°4fi'41"E C8 =2= 2=45- 15= N17. 30' 3fi"E =2= C9 2=- 1=4 S1I° 24' HON C10 21 2=- 425 5250 20'43"W 21= Cif 22— Sfi5°50'160N 012 22— N2I°27'22"W 235 0 N OZ LL U W Z W E 4C CL ll - = LLIF W - m W F Z J 7 cici E W 5Z z Q J a rI 1 OF 1 EXHIBIT B N� NOTES: 1= VEHICULAR 22RIVEWAY ACCESS ONTO LEEWARD DRIVE PROHIBITED FROM BLOC= 1, LOT z4=, 2= =VEHICULAR MRIVEWAY ACCESS ONTO ST BARTHOLOMEW AVENUE PROHIBITED FROM BLOC= 1, LOT 2= BLOC= I,LOT s_ COMMON AREA WALL BE MAINTAINED BY HOME OWNERS ASSOCIATION= x BLOC= I,LOT =4SION BUILDABLE LOT: PRIVATE STREET SHALL BE USED AS ACCESS AND UTILITY EASEMENT AND MAINTAINED BY HOME OWNERS ASSOCIATION= 4= ALL ROADS AND SANITARY SEWER LINES NALL BE PRIVATE AND ARE TO BE MAINTAINED BY THE HCM EOWJERS ASSOCIATION 5= REPIACEM ENT COSTS OF THE PRIVATE SIDEWAL=AND OTHER AMENITIES WITHIN A PUBLIC UTILITY EASEMENT SHALL BE THE RESPONSIBILITY OF THE HOME OWNERS ASSOCIATION= THE YARD RE=UIREMENT, AS DEFICIED, IS A REF UIREMENT OF THE UNIFIED DEVELOPMENT CODE AND IS SUBJECT TO CHANGE AS THE ONING MAY CHANGE= LEGEND •IRON ROD FOUND O IRON ROD SET 0 Bloc=son._ RZ AMP RECORDS PROPER, LOT LINE HUN EASEMENT - 11E DRAINAGE „SErne, - DE ROAD „NTERLINE ACCESS ASENIENT - 11 Parcel Line Table c 14 4 N63618'36 23"W Curve Table C.== c— RTI— Csa L—_ C1 25.= 2=45- 55= N13.2 23"E 25.= C2 2.- 2= - 5== S13. 31'373N 2=4= cs 153= 1— Nfir 14' 10"E 1== C4 4=- 2=45— N22°02'02"E 4_— 05 2=45- 13= N250 51'40"E C6 4_- 2=45- 1= 510,7' 2105/ 4== CI 2=45— N18°4fi'41"E C8 =2= 2=45- 15= N17. 30' 3fi"E =2= C9 2=- 1=4 S1I° 24' HON C10 21 2=- 425 5250 20'43"W 21= Cif 22— Sfi5°50'160N 012 22— N2I°27'22"W 235 0 N OZ LL U W Z W E 4C CL ll - = LLIF W - m W F Z J 7 cici E W 5Z z Q J a rI 1 OF 1 EXHIBIT B annia I- . ry wAI., V /L¢ Q '- T` \ % NOTES: 2 �/Y \, - uuseeLmnreoixvuauc uriLm IIP �?� �� tai 'ST B RTy°� M� , , _ LEGEND .��. �.EPa� �.E ✓V 1 jQ 'U _ _ �� —�_� _ WATER w1SERVICE.Ero... a _ Yo SNP PM, SEW EP Naismith Eng i neeri ng,Inc �G 1,/911,00 SEINE O_m ' ss �oo we SNP PAN SEINER zV l' MEM t2®� i z ss srrzorogn we vxvurvsovee aq�KERI%V�w <\e\ Mfr Q'� a ®� uevsE.v001/xxoLE Pa •z 4+ FIRE 1013 PANT UTILITY PLAN VILLAGE BY THE BEACH 2 P U D CORPUS CHRISTI, NUECES COUNTY, TEXAS e p i4l .---"---,,,., ;J qZW Rm.�� ih �� LTA \ �1,,, ri a q� O /L� 45,20s 1t i �,...� � �� - P ,--o ha Rg�" uy �� °. �� N -S478- .RpSN�a qGR __ COU 63J .T ��:":�• s� ��-_ 2 C4i j Aerial Overview Aerial PLANNING COMMISSION FINAL REPORT Case No. 0316-03 HTE No. 15-10000066 Planning Commission Hearing Date: March 23, 2016 Applicant & Legal Description Owner: Ocean Harbor II, LLC Applicant/Representative: Naismith Engineering, Inc. Legal Description/Location: Lots 22, 23, and 24, Block 52, Padre Island - Corpus Christi Section B, located on the southeast corner of Leeward Drive and St. Bartholomew Avenue. Zoning Request From: "RM-AT/IO" Multifamily AT District with an Island Overlay To: "RS-TH/IO/PUD" Townhouse District with an Island Overlay and Planned Unit Development Overlay Area: 1.46 acres Purpose of Request: To allow for the development of a 24 -unit single-family development. Existing Zoning and Land Uses Existing Zoning District ExistU eland Future Land Use Site "RM-AT/IO" Multifamily AT District with an Island Overlay Vacant Tourist North "CR-2/IO" Commercial Resort District with an Island Overlay Vacant Tourist South "RS-TH/IO/PUD" Townhouse District with an Island Overlay and Planned Unit Development Medium Density Residential Tourist East "RM-AT/IO" Multifamily AT District with an Island Overlay Vacant Tourist West "RM-AT/IO" Multifamily AT District with an Island Overlay and "CR-2/IO" Commercial Resort District with an Island Overlay Vacant and Medium Density Residential Tourist ADP, Map & Violations Area Development boundaries planned Townhouse Overlay Padre Map No.: Zoning Plan: The subject property is located within the of the Mustang Padre Island Area Development Plan and is for tourist uses. The proposed rezoning to the "RS-TH/IO/PUD" District with an Island Overlay and Planned Unit Development is consistent with the adopted Future Land Use Map and the Mustang Island Area Development Plan. 028026 Violations: None Planning Commission Final Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 280 feet of street frontage along Leeward Drive and 225 feet of street frontage along St. Bartholomew Drive, both of which are designated as 01 Minor Residential Collector streets. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Leeward Drive 01 Minor Residential Collector 60' ROW 40' paved 95' ROW 30' paved N/A St. Bartholomew Drive 01 Minor Residential Collector 60' ROW 40' paved 95' ROW 25' paved Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM-AT/IO" Multifamily AT District with an Island Overlay to the "RS-TH/IO/PUD" Townhouse District with an Island Overlay and Planned Unit Development Overlay to allow the development a 24 -unit single-family development. Development Plan: The subject property is comprised of 1.45 acres and is proposed to be developed into a non -gated community that will consist of twenty-four (24) attached single-family units or townhouses with one common area (Lot 73). The density proposed is approximately 16.51 units per acre. Eight of the twenty-four lots will have a minimum area of 1,182 square feet and the minimum width indicated is seventeen feet. Vehicular access will be provided by one two-way private access drive 24 -foot wide from edge of pavement. Pedestrian access will be provided by a 6 -foot sidewalk on one side of the private drive. The common area amenities include a pool and related structures. A total of 56 parking spaces are to be provided compared to 52.8 required parking spaces. The development proposes to maintain a 25% open space requirement. The following table compares the proposed PUD development standards and the Unified Development Code (UDC) standards for the "RS-TH" Townhouse District and notes all necessary deviations from the UDC being requested by the applicant. Planning Commission Final Report Page 3 Minimum Dimensions "RS-TH" District Standards Proposed PUD Deviation Lot Area 2,600 SF 1,182 SF* Yes Minimum Lot Width 26 17 ft. Yes Front Yard 10 ft. 18 ft. No Side Yard 0 ft. 4 ft. No Rear Yard 5 ft. 5 ft. No Building Separation 10 ft. 10 ft. No Open Space 30% 28% Yes Maximum Height 45 ft. 45 ft. No Paved Street Width 28 ft. 24 ft. Yes Curb Type 6 -in. curb & gutter None Yes Parking Requirement 1.5/ unit(1 bedroom) 2/ unit (2 bedroom) 1/5 units (guests) 1.5/ unit(1 bedroom) 2/ unit (2 bedroom) 1/5 units (guests) No Sidewalks 5 ft. on both sides or 6 ft. on both sides of private street 6 ft. on one side of private street No *Lots 50-57 (8 Lots) Existing Land Uses & Zoning: The subject property is zoned "RM-AT/IO" Multifamily AT District with an Island Overlay and is vacant. North is zoned "CR-2/IO" Commercial Resort District with an Island Overlay and is also vacant. South is zoned "RS- TH/IO/PUD" Two -Family District with an Island Overlay and Planned Unit Development and consists of medium density residential uses. To the east is vacant land zoned "RM- AT/IO" Multifamily AT District with an Island Overlay and to the west is vacant land in the"CR-2/IO" Commercial Resort District with an Island Overlay and medium density uses in the "RM-AT/IO" Multifamily AT District with an Island Overlay. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is comprised of three platted lots. Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Mustang Padre Island Development Plan (ADP). The proposed rezoning to the "RS-TH/IO/PUD" Townhouse District with an Island Overlay and Planned Unit Development is consistent with the adopted with the Mustang Padre Island ADP. The proposed rezoning is also consistent with the following policies of the Comprehensive Plan: • Planned Unit Development and other creative land planning techniques should be encouraged (Residential Policy Statement K). • Tourist -oriented business and development will continue to be encouraged and promoted by all agencies of the City as illustrated on the Future Land Use Map. Planning Commission Final Report Page 4 This includes commercial ventures, condominiums and resorts, fishing and outdoor recreation facilities, and recreational vehicle parks (Policy Statement B.2). • The City will continue to protect residential neighborhoods from encroachment of non-residential uses unless the negative effects of the non-residential uses are eliminated or significantly mitigated (Policy Statement B.13). Department Comments: • The proposed rezoning is consistent with the Comprehensive Plan and the Review Criteria for a PUD Zone Map Amendment set forth in the UDC. o The development is in harmony with the character of the surrounding area. o The development offers an alternative in housing types. o The development as proposed is orderly with respect to the area and community. o The development has a plan for the separation of vehicular and pedestrian traffic. o The development will include the timely provision of utilities, facilities and services. • The proposed rezoning is compatible with the present zoning and conforming uses of nearby properties and to the character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The subject property is suitable for the uses proposed by this rezoning. • This PUD is a continuation of the development known as Village By The Beach • This PUD utilizes decreased lot sizes, lot widths, and street width, while maintaining building height and open space requirements. • Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can encourage development on difficult sites. • Staff finds that the proposed deviations are acceptable. • The subject property is located in a "Vinyl Not Allowed" area. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RM-AT/IO" Multifamily AT District with an Island Overlay to the "RS-TH/IO/PUD" Townhouse District with an Island Overlay and Planned Unit Development Overlay with the following conditions. 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with the Village By The Beach 2 Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of 24 townhouse units and common area amenities and shall be constructed in one phase. The PUD shall allow short- term rentals of less than 30 days. 2. Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 16.44 dwelling units per acre. 3. Building Height: The maximum height of any structure on the Property is 45 feet. Planning Commission Final Report Page 5 4. Parking: The Property must have a minimum of 56 standard parking spaces (9 feet wide by 18 feet long). Parking is prohibited within the private street and pedestrian walkways. 5. Setbacks and Lot Width: Minimum 18 -foot wide front yard setbacks shall be provided for each lot along the private street. Minimum street yard of ten -feet is required along public streets. Minimum rear yard setbacks for all lots shall be five feet. Minimum four -foot wide side yard is required along Packery View Loop. Minimum width for townhouse lots shall be 17 feet. 6. Open Space: The Property must maintain a minimum of 28% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7. Private Street Access: The two-way private access drive shall not be less than 24 feet and shall be striped to indicate "Fire Lane/No Parking." 8. Pedestrian Access: A minimum six-foot wide sidewalk shall be constructed along one side of the private street. 9. Dumpster Screening: A minimum six-foot tall screening fence shall be constructed, maintained, and remain in place around a dumpster placed in the street yard. 10. Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. Public Notification Number of Notices Mailed — 85 within 200 -foot notification area 5 outside notification area As of March 29, 2016: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Application 3. Public Comments Received (if any) Planning Commission Final Report Page 6 K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\0316-03 Village by the Beach 2 PUD\Council Documents\Report Village by the Beach 2 PUD.docx CR -2 /O RS -6 TIO iT Date Created: /3/201631 Prepared By: IvetteM t,of\ Development Service CASE: 0316-03 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition LOCATION MAP SUBJECT PROPERTY kg City of Corpus Christi ,,sy; < rrt 'L > 1852-'= Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street REZONING APPLICATION Office Use Only Case No.: 0316-03 Map No.: PC Hearing Date: 3/23/16 Proj.Mgr: Hearing Location: City Hall, Council Chambers, 1201 Leopard Street Hearing Time: 5:30 p.m. *A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. "INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant: Naismith Engineering, Inc Contact Person : Thomas Tiffin, P.E. Mailing Address:4501 Gollihar Road City: Corpus Christi State: TX ZIP: Phone: Phone: ( 361 ) 814-900 E-mail Cell: (361 ) 550-8226 2. Property Owner(s): Ocean Harl]O11,�', LLC. Contact Person : N/A Mailing Address:4418 Ocean Drive city: Corpus Christi State:TX ZIP:78412 Phone: (NIA ) E-mail: N/A Cell: (N/A ) 3. Subject Property Address: 14806 Leeward Dr Area of Request (SF/acres): 1.46 Current Zoning & Use: RM -AT Vacant Proposed Zoning & Use: RS-TH/PUD Townhome 12 -Digit Nueces County Tax ID: 6 1 7 0- 0 0 5 2_ 0220/31 Subdivision Name: Village by the Beach II Block: 1 Lot(s): 26 Legal Description if not platted: Padre Island Sec B, Bik 52, Lt 22, 23, 24 4. Submittal Requirernents: Date Held ; with City Staff Leticia Kanmore IDEarly Assistance Meeting: ❑ Land Use Statement 0 Disclosure of Interest 0 Copy of Warranty Deed IF APPLICABLE: is inconsistent with exhibit landowner • Peak Hour Trip Form (if request with Future Land Use Plan) 0 Site Plan for PUD or Special Permit 1 Metes & Bounds Description if property includes un -platted land (sealed by RPLS) ■ Lien Holder Authorization is not signing this form ■ Appointment of Agent Form if 1 certify that I have provided the City of Corpus as or on behalf of Christi with a complete application for review; that I am authorized to initiate this rezoning the Property Owner(s); and the information provided is accurate. Owner or A is Signature Applicant's S n ure &ei,cc-L1' i N f61 /LI,t wD 3 Thecor/J S 7-1 /cL.c r...) Owner or Agent's Printed Name Applicant's Printed Name Office Use Only: Date Received: Received By: ADP: Rezoning Fee: + PUD Fee ' + Sign Fee = Total Fee No. Signs Required @ $10/sign Sign Posting Date: K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\APPLICATION FORMS\REZONING\ZONING APPLICATION 2015.DOC Form Revised 5/12/2015 LAND USE STATEMENT 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. Refer to Village by the Beach II Planned Unit Development (PUD) document provided with the submission of the application. 2. Identify the existing land uses adjoining the area of request: North - CR -2 South - RS-TH/PUD East - RM -AT West - RM -AT C:\USERS\TANYAR.000\DESKTOP\DAILY USE\ANNIKA\LAND USE STATEMENT FOR ZONING.DOC 1111/01111 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the followinginformation.information. Every question must be answered. If the question is n't applicable, answer with "NA". �Jv FIRST NAME: 1 1 aj�T VYI ri ..0 ds 9/Z. CE.P' - 7, e_. • STREET: Ste( sb. 54/es CITY: tAr 0-N✓4 ZIP: "7413 FIRM IS: Corporation o2. Partnership o3. Sole Owner o4. Association o5. 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 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�.�. "w 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 35 or more of the ownership in the above named "firm". Name CERTIFICATE Consultant 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. IIrr�,, �__ (� Certifying Person: W t i4wj F�`�'�'�R1S� 1 Y' Title: Pr.24 (Type or Print) Signature of Certifying Person:4.Date: �l-30- IS ZA-02 Witt 1 ._.ter CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". FIRST NAME: Naismith Engineering, Inc. STREET: 4501 Gollihar Road CITY: Corpus Christi ZIP: 78411 FIRM IS: Corporation o2. Partnership o3. Sole Owner o4. Association ❑5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an 'ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) None None None None 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 None None None None 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 Craig Thompson, P.E. Landmark Commission Wilfredo Rivera, Jr. Transportation Advisory Commission 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 35 or more of the ownership in the above named "firm". Name Consultant None None None None 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. 7--p/o&-,4s Certifying Person: (Type or Print) Signature of Certifying Person: Title: Project Manager Date: / Z/O Vea/ VILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) PADRE ISLAND CORPUS CHRISTI, TEXAS OWNER OCEAN HARBOR II, LLC. REPRESENTATIVE WILLARD H. HAMMONDS, II, PRESIDENT SUBMITTED BY NE1 NAISMITH ENGINEERING, INC. ENGINEER: CRAIG B. THOMPSON, P.E. January 2016 NaismithEngineering,Inc ARCHITECTURE■ ENGINEERING ■ ENVIRONMENTAL ■ SURVEYING ESTABLISHED 1949 4501 Gollihar Road. Corpus Christi, TX 78411 ■ 800-677-2831 361-814-9900 Fax 361-814-4401 ■ naismith-engineering.com CONTENTS DEVELOPMENT DESCRIPTION 3 DEVELOPMENT LOCATION MAP 3 ADJACENT LAND USE AND ZONING 4 LOT LAYOUT 4 DEVELOPMENT DEVIATIONS 5 DEVELOPMENT GUIDELINES 5 OPEN SPACE LAYOUT 7 VEHICULAR AND PEDESTRIAN ACCESS 8 PARKING REQUIREMENTS 9 TYPICAL CROSS SECTION 10 VILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) Page 2 DEVELOPMENT DESCRIPTION The Village by the Beach 2 Planned Unit Development (PUD) consists of a Re -Plat of Lot 22, 23 & 24, Block 52, Padre Island on Leeward Dr. & St. Bartholomew Ave. in Corpus Christi, TX. The property will be rezoned from RM-AT/IO to RS-TH/IO/PUD. The development is a 1.45 acre non -gated community that will consist of twenty-four (24) attached single-family units with one (1) common area, which calculates to a density of 16.51 units per acre. The layout of the community will allow the residents the ability to enjoy a landscaped common area and be able to walk to the common area with ease. This Planned Unit Development fits with the existing characteristics of the surrounding properties and will fit with the culture of Padre Island. DEVELOPMENT LOCATION MAP EnVILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) Page 3 ADJACENT LAND USE AND ZONING The following table indicates the Adjacent Land Use and Zoning at the time of the PUD: The following is the Lot Layout for the development: iT RESIDENTIAL LOT COMMON AREA LOT 1 I ACCESS AND UTILITY EASEMENT LOT -=-PUD BOUNDARY LEEWARD DRIVE (400' RA.W,) LOT LAYOUT PROPERTY BOUNDARY LINE lalVILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) Page 4 CURRENT LAND USE ZONING North of Property Commercial CR-2/IO South of Property Residential RS-TH/IO/PUD East of Property Residential RM-AT/IO West of Property Residential RM-AT/IO The following is the Lot Layout for the development: iT RESIDENTIAL LOT COMMON AREA LOT 1 I ACCESS AND UTILITY EASEMENT LOT -=-PUD BOUNDARY LEEWARD DRIVE (400' RA.W,) LOT LAYOUT PROPERTY BOUNDARY LINE lalVILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) Page 4 DEVELOPMENT DEVIATIONS The following table indicates the Development Deviations: DESCRIPTION ZONING / PLATTING ORDINANCE REQUIREMENT (RS-TH) PUD REQUIREMENTS Site Area (sq. ft.) 20,000 63,162 Min. Lot Area (sq. ft.) 2,600 1,1821 Min. Lot Width (ft.) 26 17 Yard Requirements (Minimum in Feet) Street — Non -Corner 10 18 Street —Corner 10 10 Side — Single 0 4 Rear 5 5 Open Space — Percent Minimum 30 28 Building Height— Maximum in Feet 45 45 Building Spacing — Minimum in Feet 10 02 Parking Requirement Per Unit 1.5 (1 Bedroom) 2 (2+ Bedroom) 1/5 (Guest) 1.5 (1 Bedroom) 2 (2+ Bedroom) 1/5 (Guest) Curb Type Standard 6" Curb and Gutter None Sidewalk 5' width on both sides 6' width on one side Paved Street Width 28' 24' 1 Lots 50-57 (8 Lots). 2 As per International Building Code. DEVELOPMENT GUIDELINES The fol owing tables indicate the Development Guidelines for each lot type within the development: DEVELOPMENT LOTS DESCRIPTION BLOCK NUMBER LOT NUMBERS Residential Lot(s) 1 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 Common Area Lot(s) 1 73 Private Access and Utility Easement Lot(s) 1 74 EalVILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) Page 5 RESIDENTIAL LOT(S) DESCRIPTION REQUIREMENTS Usage Single Family Residential Lot Area (sq. ft.) Minimum = 1,180 Maximum = 2,550 Lot Width (ft.) Minimum = 17 Maximum = 30 Yard Requirements (Minimum in Feet) Street — Non -Corner 18 10 4 5 Street—Corner Side — Single Rear Building Height — Maximum in Feet 45 Building Spacing — Minimum in Feet N/A Parking Requirement Per Unit 1.5 (1 Bedroom) 2 (2+ Bedroom) 1/5 (Guest) Maintenance Lot Owner and/or Home Owners Association (HOA) Improvements Allowed Residential structure(s) and support structure(s) including decks, porches, pavements, fencing, landscaping, etc. Improvements Placement Shall not protrude into the yard or easement(s), or beyond the property line (whichever is applicable) except for pavements, fencing, and landscaping. Short Term Rentals Allowed. COMMON AREA LOT(S) DESCRIPTION REQUIREMENTS Usage Non -Residential Structures supporting the Community Lot Area (sq. ft.) N/A Lot Width (ft.) N/A Yard Requirements (Minimum in Feet) Street — Non -Corner As indicated on Master Site Plan Street—Corner As indicated on Master Site Plan Side — Single Rear As indicated on Master Site Plan As indicated on Master Site Plan Building Height — Maximum 1 -story Building Spacing — Minimum in Feet As per International Building Code Parking Requirement 0.0 / unit Maintenance Home Owners Association (HOA) Improvements Allowed Community structures and support structures including decks, porches, pavements, fencing, landscaping, utilities, etc. Improvements Placement Shall not protrude into the yard or easement(s), or beyond the property line (whichever is applicable) except for pavements, fencing, landscaping, and utilities. rola VILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) Page 6 ACCESS AND UTILITY EASEMENT LOT(S) DESCRIPTION REQUIREMENTS Usage Non -Residential Structures supporting the Community Lot Area (sq. ft.) N/A Lot Width (ft.) N/A Yard Requirements (Minimum in Feet) Street — Non -Corner N/A Street—Corner N/A Side —Single Rear N/A N/A Building Height — Maximum N/A Building Spacing — Minimum in Feet 10 Parking Requirement 0.0 / unit Maintenance Home Owners Association (HOA) Improvements Allowed Community structures and support structures, including fencing, signage, pavements, landscaping (hard and soft), utilities, etc. Improvements Placement Shall not be beyond the property line except for pavements, fencing, landscaping, and utilities. OPEN SPACE LAYOUT The fol owing is the Open Space Layout for the development: OPEN SPACE CALCULATION QUANTITY (SQUARE FEET) QUANTITY (ACRE) Total Area of PUD 63,320 1.45 LO0 Total Residential Building Area 19,623 0.45 2 v < Total Residential Driveway Area 7,521 0.17 E 1 PERCENT OF Access and Utility Easement 18,434 0.42 AREA Total Non -Open Space (Impervious Area) 45,578 1.04 72.0 Total Open Space (Pervious Area) 2 17,742 0.41 28.0 1 Area of all Pavement and Sidewalk excluding Residential Driveway Area 2 Minimum Open Space required is 28% EalVILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) Page 7 LANDSCAPED AREAS COMMON AREA RESIDENTIAL BUILDING AREA =STREET PAVEMENT RESIDENTIAL DRIVEWAY AREA SIDEWALK "-PUD BOUNDARY I 1 LEEWARD DRIVE (1OO R.O.W.) VEHICULAR AND PEDESTRIAN ACCESS The Vehicular and Pedestrian Access for the development is indicated below. Vehicular access will be provided by one two-way private access drive 24' wide from edge of pavement. Pedestrian access will be provided by a 6' sidewalk on one side of the private drive. Additional sidewalks may be provided to promote walkability and access to amenities that are not indicated. There will not be any security gates for entrance to or exit from the property. Common area amenities include the pool and related structures. lalVILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) Page 8 STREET PAVEMENT SIDEWALK -..-PUD BOUNDARY LEEWARD DRIVE (100' R.O.W.) 24' WIDE DRIVE ( INGRESS / EGRESS) DUMPSTER AREA (SCREENING REQUIRED) The fol owing is the Parking Requirements for the development: PARKING REQUIREMENTS LOT TYPE REQUIREMENTS QUANTITY OF LOTS QUANTITY OF PARKING REQUIRED QUANTITY OF PARKING PROVIDED Residential 1 Bedroom Unit 1.5 per unit 0 0.0 0.0 2+ Bedroom Unit 2 per unit 24 48.0 51.0 Guest 1 per 5 units 24 4.8 5.0 Common Area 0 per unit 1 0.0 0.0 Access and Utility Easement 0 per unit 1 0.0 0.0 Total: 52.8 56.0 rola VILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) Page 9 TYPICAL CROSS SECTION The following are Typical Cross Section(s) for the development: Cross Section A YR / UE _I i7 -ACCESS 1 UEy1-18' YRS icyu Cross Section B PUD BOUDARY LINE 10' U 38.5' ACCESS / UE— -x--18 lalVILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) Page 10 ST Bq HOC Fw N _ 11ppI'1 N� NOTES: E• o d"`••,`•,boomm0000 vJFEET hl 1- VEHICULAR CRIVEWAY ACCESS ONTO LEEWARD DRIVE PROHIBITED FROM BLOC' 1, LOT 24=, 2,= =VEHICULAR CRIVEWAY ACCESS ONTO ST BARTHOLOMEW AVENUE PROHIBITED FROM BLOC= 1, LOT 2- BLOC-I,LOT = COMMON AREA WALL BE MAINTAINED BY HOME OWNERS ASSOCIATION' BLOC- I, LOT =4 AVON BUILDABLE LOT: PRIVATE STREET SHALL BE USED AS ACCESS AND UTILITY EASEMENT AND MAINTAINED BY HOME OWNERSASSOCIATIO, 4_ ALL ROADS AND SANITARY SEWER LINES NALL BE PRIVATE AND ARE TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION 5- REPLACEMENT COSTS OF THE PRIVATE SIDEWAL-AND OTHER AMENITIES WITHIN A PUBLIC UTILITY EASEMENT SHALL BE THE RESPONSIBILITY OF THE HOME OWNERS ASSOCIATION= THE YARD R=LIIREMENT, AS DEPICTED, IS A RE2UIREMENT OF THE UNIFIED DEVELOPMENT CODE AND IS SUBJECT TO CHANGE AS THE ONING MAY CHANGE= LEGEND •IRON ROD FOUND 0 IRON ROD SET 0 Bloc- soneo_ MR= MAP RECORDS PROPER, LOT LINE HUN EASEMENT - ORM.. EASEMENT - DE ROAD CENTERLINE ACCESS ASENENT- Parcel Line Table L== 14_4 N630 10' 35.20"5/ Curve Table L-- Rai— Csa L -- C1 25.= 2-45- 55- N 10.30 20"E 25.- C2 2.- 2- - 5-- S10. 31'3]"W 2-4= cs 153- 1— N51°14'10"E 1— C4 4-- 2-45— N22. 02'02"E 4_— 05 2-45- 1, N230 51'40"E C6 4_- 2-45- 1, S10.37' 21"5/ 4== CI 7, 2-45— N10°45'41"E 7 , C8 r1- 2 -45- 15- N17. 30'30"E 21- C9 2-- 1-4 517. 25 HEW C10 21 z- 425 5230 20'43"W 21, Cif 22— S65. 50' 10"5/ 012 22— N2]° 27' 22"5/ 235 0 N d OU Z LL W Z W E 0 a=in LLIF W N m C W F Z N J 7 E J W 5Z z J a rI 1OT1 ST Bq HOC Fw N _ 11ppI'1 N� NOTES: E• o d"`••,`•,boomm0000 vJFEET hl 1- VEHICULAR CRIVEWAY ACCESS ONTO LEEWARD DRIVE PROHIBITED FROM BLOC' 1, LOT 24=, 2,= =VEHICULAR CRIVEWAY ACCESS ONTO ST BARTHOLOMEW AVENUE PROHIBITED FROM BLOC= 1, LOT 2- BLOC-I,LOT = COMMON AREA WALL BE MAINTAINED BY HOME OWNERS ASSOCIATION' BLOC- I, LOT =4 AVON BUILDABLE LOT: PRIVATE STREET SHALL BE USED AS ACCESS AND UTILITY EASEMENT AND MAINTAINED BY HOME OWNERSASSOCIATIO, 4_ ALL ROADS AND SANITARY SEWER LINES NALL BE PRIVATE AND ARE TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION 5- REPLACEMENT COSTS OF THE PRIVATE SIDEWAL-AND OTHER AMENITIES WITHIN A PUBLIC UTILITY EASEMENT SHALL BE THE RESPONSIBILITY OF THE HOME OWNERS ASSOCIATION= THE YARD R=LIIREMENT, AS DEPICTED, IS A RE2UIREMENT OF THE UNIFIED DEVELOPMENT CODE AND IS SUBJECT TO CHANGE AS THE ONING MAY CHANGE= LEGEND •IRON ROD FOUND 0 IRON ROD SET 0 Bloc- soneo_ MR= MAP RECORDS PROPER, LOT LINE HUN EASEMENT - ORM.. EASEMENT - DE ROAD CENTERLINE ACCESS ASENENT- Parcel Line Table L== 14_4 N630 10' 35.20"5/ Curve Table L-- Rai— Csa L -- C1 25.= 2-45- 55- N 10.30 20"E 25.- C2 2.- 2- - 5-- S10. 31'3]"W 2-4= cs 153- 1— N51°14'10"E 1— C4 4-- 2-45— N22. 02'02"E 4_— 05 2-45- 1, N230 51'40"E C6 4_- 2-45- 1, S10.37' 21"5/ 4== CI 7, 2-45— N10°45'41"E 7 , C8 r1- 2 -45- 15- N17. 30'30"E 21- C9 2-- 1-4 517. 25 HEW C10 21 z- 425 5230 20'43"W 21, Cif 22— S65. 50' 10"5/ 012 22— N2]° 27' 22"5/ 235 0 N d OU Z LL W Z W E 0 a=in LLIF W N m C W F Z N J 7 E J W 5Z z J a rI 1OT1 �ry _I—AI. - - 141,1 V /L : F ¢ O % \ NOTES: 2 �/Y , - uuseeLaureoix PUBLIC UTILITY 'ST RT.'OL E LEGEND M�oa O) ��O % /� '',97: - WATE 3 / o _ E_. a=n.�...�. i10p'R.p� o° a 14/ 'v �- -. PROPOSED PVC INSTERUSIE -- w STORM SEWER i — OH — IDESE NG OVERHEAD ELECTRIC Naismith Eng i neeri ng,Inc v s i-< �' r,aoS tamesEa 0 ut® fe _ r, , PAC\ \ 2e,` — s�—saran S.nnEmnSmEa VAN !SOLE V !� h;:`..--'°7 O � Pao�m�,n.mn•�a�,aao� � Q�4 (LOT �q .�L00 O , �.., _� . _� n • WEOM am worm /Q o e Fc / • 41' U „L,, wmnmrr �j i 2 ..an aE uaaE.. JA FIRE xvoWOW ® . .N Q , . y 'Q UTILITY PLAN VILLAGE BY THE BEACH 2 P U D CORPUS CHRISTI, NUECES COUNTY, TEXAS [CIJ \ g i / ` lor4�� \owa qo2 O .rcf. imam �. u� \ z\... q $ ' , � RF 5?qODR�is,O�B� .U,yL q 3gOO63.T s = l � C4 j SH - of t AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of April 19, 2016 Second Reading for the City Council Meeting of April 26, 2016 DATE: March 29, 2016 TO: Ronald L. Olson, City Manager FROM: Daniel McGinn, AICP CFM, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing — Various Amendments to the Unified Development Code CAPTION: Ordinance amending the Unified Development Code by revising subsection 1.11.3 "Defined Terms", subsection 3.10.1.A "Minor Plat", table 4.4.4 "Multifamily Housing Types", tables 4.3.2, 4.4.2, 4.5.2 and 4.6.2 "Permitted Uses" for single family, multifamily, commercial, and industrial districts, respectively, table 4.5.3 "Residential Development Standards", table 4.5.4 "Nonresidential Development" standards, table 5.1.4.G "Retail Sales and Service", subsection 5.2 "Specific Standards" for game processing, subsection 5.3.2.C.1 "Fuel Pumps, Islands and Canopies", subsection 7.4.4.0 "Outside Storage", subsection 8.2.3.A "Utility Easements" and subsection 3.12.1 "Applicability" for special use exceptions; providing for severance; providing for penalties; and providing for publication. PURPOSE: The purpose of this item is to update the regulations of the Unified Development Code (UDC) to improve its function and implementation. BACKGROUND AND FINDINGS: The Unified Development Code (UDC) became effective July 1, 2011. As part of the continued improvement to address the city's development needs staff has presented several text amendments that have been approved by the Planning Commission and City Council since the adoption of the UDC. Today, staff is proposing the following new text amendments: GAME PROCESSING: 1. Subsection 1.11.3 Defined Terms: The definition of Game Processing is being added to clarify uses and services rendered and to make clear it is not for livestock or industrial volume. 2. Table 4.5.2: game processing is being added to the commercial use table to show it is allowed in commercial districts with limitations. 3. Table 5.1.4.G: Game Processing is added to the commercial Use Categories as a principal use under Retail Sales and Service, which is allowed in commercial and industrial districts. 4. 5.2.25: Specific Standards for Game Processing is being amended by adding standards for game processing business to clarify that game processing shall not include slaughtering and shall not reach an industrial level such as "animal processing". PLATTING: 5. 3.10.1.A: Minor Plat is being amended to allow a plat with a utility or street dedication to be approved at an administrative level to minimize the volume of replats going to planning commission, thereby expediting the approval. SIDE AND REAR YARDS IN COMMERCIAL DISTRICTS: 6. Tables 4.5.3 and 4.5.4: Side and Rear Yards in "Residential Development Standards" and "Non-residential Development Standards", respectively, for commercial districts are being amended to match the setbacks based on height as described in 4.2.8 to resolve confusion. Setbacks are to be based on adjacency to 'use' not `district'. MAJOR UTILITIES: 7. Table 4.5.2 "Permitted Uses" in commercial districts is amended by allowing major utilities with limitations rather than by rezoning to a special permit. This change will make the commercial district allowances equal to the single-family and multifamily districts with regard to allowing major utilities subject to limitations only. CEMETERIES, COLUMBARIA, MAUSOLEUMS, MEMORIAL PARKS, and CREMATORIUMS (human or animal): 8. Tables 4.3.2, 4.4.2, 4.5.2, 4.6.2: "Permitted Uses" for single-family, multifamily, commercial, and industrial zoning districts, respectively, are being amended to clarify that cemeteries, columbaria, mausoleums, and memorial parks are only allowed by Special Permit when an existing facility is expanding. These tables are also amended to show that human or animal crematoriums are only allowed in industrial zoning districts. MULTIFAMILY HOUSING TYPES: 9. Table 4.4.4: Multifamily Housing Types is being amended to describe the different ways townhouses can be developed: as individual townhouse lots or as units being developed in a single parcel. FUEL PUMPS, GAS ISLANDS, AND CANOPIES: 10. 5.3.2.C.1: Fuel Pumps, Islands, or Canopies is being amended to allow canopies at gas stations to be set back 12 feet from the front property line in all zoning districts and to require fuel pumping stations to comply with the standard 20 foot front yard setback. The former Zoning Ordinance allowed such encroachment of gas station canopies. STORAGE SCREENING: 11.7.4.4.C: Outside Storage is being amended to clearly state that outside storage areas need to be screened from view of the public and adjacent non -industrial uses rather than require screening from adjacent industrial uses. UTILITY EASEMENTS: 12. 8.2.3.A.2: Utility Easements is being amended to clarify that utility easements may be required along local street rights of way. SPECIAL USE EXCEPTION: 13.3.12.1: Applicability is being amended to generalize all the special use exceptions in all the zoning districts instead of just the single-family district. ALTERNATIVES: Denial or alteration of the proposed text amendments. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO POLICY: The proposed text amendments conform to City policy. EMERGENCY /NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the amendments. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the Unified Development Code by revising subsection 1.11.3 "Defined Terms", subsection 3.10.1.A "Minor Plat", table 4.4.4 "Multifamily Housing Types", tables 4.3.2, 4.4.2, 4.5.2 and 4.6.2 "Permitted Uses" for single family, multifamily, commercial, and industrial districts, respectively, table 4.5.3 "Residential Development Standards", table 4.5.4 "Nonresidential Development" standards, table 5.1.4.G "Retail Sales and Service", subsection 5.2 "Specific Standards" for game processing, subsection 5.3.2.C.1 "Fuel Pumps, Islands and Canopies", subsection 7.4.4.0 "Outside Storage", subsection 8.2.3.A "Utility Easements" and subsection 3.12.1 "Applicability" for special use exceptions; providing for severance; providing for penalties; and providing for publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding this amendment of the City's Unified Development Code ("UDC"); WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 23, 2016, during a meeting of the Planning Commission, and on Tuesday, April 19, 2016, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment to the UDC would best serve the public's health, necessity, convenience, and the general welfare of the City and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Game Processing: UDC Article 1 " General Provisions", subsection 1.11.3 "Defined Terms"; Article 4 "Base Zoning Districts", table 4.5.2 "Permitted Uses ( Commercial Zoning Districts)"; and Article 5 "Use Regulations", subsection 5.1.4.G "Retail Sales and Service" and subsection 5.2 "Specific Standards" for game processing are amended by adding the following definitions. Article 1. General Provisions 1.11 Definitions 1.11.3 Defined Terms Game Processing: A series of operations performed in the making or treatment of a meat product for human consumption taken from animals and birds that are not commonly domesticated. These animals and birds are hunter killed such as bison, antelope, deer, elk, reindeer, snake, alligator, rabbit, squirrel, beaver, any migratory water fowl or non -domesticated game bird such as pheasant, grouse, quail, turkey, geese, and ducks. This term shall not include the processing of livestock. Ordinance -UDC Text Amendments 11 2016 Page 1 of 12 Article 4. Base Zoning 4.5 Commercial Uses Table 4.5.2 Permitted Uses (Commercial Zoning Districts) COMMERCIAL DISTRICTS P = Permitted Use L = Subject to Limitations SUE = Special Use Exception SP = Special Permit— [blank cell] = Not Permitted z 0 ci z 0 z O - oe 0 N oe 0 M oe 0 7 C9 0 Cl C9 0 0 m 0 d m Standcrds Commercial Uses Commercial Parking Uses [5.1.4.A] P PP PP PP PP PP Indoor Recreation Uses [5.1.4.B] except: P P SP P P PP PP PP Bar, tavern or pub L L L L L L L L 5.2.7 Sexually oriented business See Section 4.6.2 Office Uses [5.1.4.C] P PP PP PP PP PP Outdoor Recreation Uses [5.1.4.D] except: SP SP PP PP P P SP P Commercial amphitheater SP SP SP SP SP SP SP SP Overnight Accommodation Uses except: P P P P P P P P P P P Bed and breakfast home L L L L L L L L L 5.2.8 Recreational Vehicle Park L L L L L L L 6.1.2 Truck stop w/ overnight accommodations L L L L L L L 4.6.2 Restaurant Uses [5.1.4.F] L L L PPPPPPPP 5.2.11 Retail Sales and Service Uses, sales- and service-oriented [5.1.4.G] Includes personal service uses Except: PP L PPPPPP PP 5.2.12 Game Processing L L L L L L L L P 5.2.25 Retail Sales and Service Uses, repair oriented [5.1.4.G] P P L PPPPPPPP 5.2.13 Farmers market SP SP L L L L L L L L 5.2.9 Self -Service Storage Uses [5.1.4.1] except: L L L L LP 5.2.14 Boat and RV storage L L L L P 5.2.14 Crematorium (animal) SP SP SP SP SP Vehicle Sales and Service Uses except: P PP PP Auto rental PP PP PP PP Car wash, hand -operated or automated L L L PPP L P 5.2.21 Bicycle or watercraft rental PP PP PP PP Fuel sales L L L L L L L L L L 5.2.10 Vehicle service, heavy Vehicle service, limited L L L L L PPPPP 5.2.15 Water -Oriented Uses [5.1.4.J] PP PP PP PP Ordinance -UDC Text Amendments!! 2016 Ordinance 029770, 03/19/2013) Page 2 of 12 Article 5. Use Regulations 5.1 Use Categories Table 5.1.4.G Retail Sales and Service Characteristics: Companies or indiv roducts, or .rovidin..ersonal servi Principal Uses Sales -Oriented: Stores selling, leasing, or renting consumer, home, and business goods including alcoholic beverages, antiques, appliances, art, art supplies, baked goods, bicycles, books, cameras, candy, carpet and floor coverings, crafts, clothing, computers, convenience goods, dry goods, electronic equipment, fabric, flowers, furniture, garden supplies, gifts, groceries, hardware, handicrafts, home improvement products, household products, jewelry, medical supplies, musical instruments, petfood and/or pets, pharmaceuticals, photo finishing, picture frames, plants, printed material, produce, sporting goods, stationery, tobacco and related products, vehicle parts, and videos Automotive parts sales with no service bays Farmers market Mailing and stenographic service Photo -finishing facility Shopping center Wholesale club Personal Service -Oriented: Animal grooming Animal hospital Athletic or health club Bank or loan establishment Barbershop Beauty shop Business, driving, martial arts, trade and other commercial schools Cleaning shop not involving bulk or commercial type plants Dance, art, gymnastic or music studios or classes Dry cleaning and laundry drop-off establishments Funeral home Game Processing Hair, nail, tanning, and personal care services Laundromat Mail order house Massage therapy Messenger service Newspaper or telegraphic service iduals involved in the sale, lease, o c it services to the .enera Accessory Uses Associated offices Caretakers quarters Crematorium (animal) Food preparation and dining area Manufacture or repackaging of goods for on-site sale Off-street parking Parking lot/sidewalk sales Satellite dish antenna under 3.2 feet* Storage of goods r rental of new or used I .ublic. Uses Not Included Building materials storage and sales (see Wholesale Trade) Car wash, hand operated or automated (see Vehicle Sales and Service) Catering service, large- scale (see Light Industrial Service) Catering service, small- scale (see Restaurant) Greenhouse, wholesale (see Wholesale Trade) Farm stand with retail sale of products produced or harvested on-site (see Agriculture Uses) Laundry, dry-cleaning, and carpet cleaning plant (see Light Industrial Service) Lumber yard or other building material establishment that sells primarily to contractors and does not have a retail orientation (see Warehouse and Freight Movement) Restaurant (see Restaurants) Sexually oriented business (see Indoor Recreation) Truck sales and repair (heavy load vehicles) (see Wholesale Trade) Vehicle sales or leasing facilities (including passenger vehicles, motorcycles, light and medium trucks, RVs and boats) (see Vehicle Sales and Service) Vehicle service (see Vehicle Sales and Service) Ordinance -UDC Text Amendments 11 2016 Page 3 of 12 5.2 Specific Standards 5.2.25 Game Processing Game Processing establishments shall follow guidelines listed below: 1. All game processing operations shall be conducted inside a building. 2. The business shall be a small scale personal service (not industrial volume). 3. Slaughtering of animals shall be prohibited on the premises of the business. 4. Business entrance shall have a front entrance screened from public view for deliveries of animals or a rear service entrance for loading and unloading (whichever is most accessible for building). SECTION 2. Minor Plat: UDC Article 3 "Development Review Procedures", subsection 3.10.1.A " Minor Plat" is amended as stated below. Article 3. Development Review Procedures 3.10 Minor, Amending or Vacating Plat Review 3.10.1. A. Minor Plat 1. A minor plat is any plat for four or fewer lots fronting on an existing street and not requiring the creation of any new street extension of municipal facilities. 2. Any plat that requires a waiver from subdivision design and improvement standards of this UDC any utility dcdication or any dcdication of land shall not be processed as a minor plat. SECTION 3. Side & Rear Setbacks: UDC Article 4 "Base Zoning Districts" tables 4.5.3 "Residential Development (Commercial Zoning Districts)" and 4.5.4 "Nonresidential Development (Commercial Zoning Districts) are amended by revising the text to read as follows: Article 4. Base Zoning Districts 4.5.3. Residential Development Standards Table 4.5.3 Residential Development (Commercial Zoning Districts) Ordinance -UDC Text Amendments 11 2016 Page 4 of 12 COMMERCIAL DISTRICTS CN -1 CN -2 ON CR -1 CR -2 CR -3 CG -2 CI CBD Max. Density 37 15' 37 44 37 Min Lot Area (sq. 6,000 6,000 6,000 6,000 6,000 6,000 Min. Lot Width (ft.) 50 50 50 50 50 50 50 Min. Yards (ft.) Street (front) Street (corner) 20 15 20 15 20 15 20 15 20 15 102 15 20 15 0 0 0 0 Side single) Side total) 10 20 10 03 03 04 10 20 10 10 20 10 10 20 10 0 0 0 10 20 10 03 03 03 0 0 0 Rear Side and Rear, abutting See Section 4.2.8.0 adjacent to residential district use Min. Open Space 30% 25% 30% 25% 25% 30% Max Height (ft.) 35 365 45 Ordinance -UDC Text Amendments 11 2016 Page 5 of 12 Table 4.5.4 Nonresidential Development (Commercial Zoning Districts) COMMERCIAL DISTRICTS CN -1 CN -2 ON CR -1 CR -2 CR -3 CG -1 CG -2 CI CBD BP Min. Lot Area (sq.ft.) L L L L L L L 5.2.3 Day care center L 5 acres Min. Lot Width 5.2.4.B 50 L L L L L Min. Yards (ft.) Street (front) Street (corner) 20 15 20 15 20 15 20 15 20 15 10' 0 20 15 20 15 0 0 0 0 35 35 Side (single) Side (total) 02 02 02 02 10 20 0 0 0 0 0 0 02 02 0 0 02 02 0 0 204 404 Rear 02 03 10 0 0 0 02 0 02 0 304 Side and Rear abutting adjacent to See Section 4.2.8.0 residential district use L Min. Open Space 10% 25% 5.2.5 Place of Worship Uses [5.1.3.H] P P P P P P P 1 See Section 4.5.5 below. 210 feet if adjacent to any residential use. 315 feet if adjacent to any residential use. 4 No part of any building or accessory structure shall be closer than 100 feet to any residential district boundary. 5 Structures with upper -story residential shall have a maximum height of 36 feet. SECTION 4. Crematorium: UDC Article 4, "Base Zoning Districts," tables 4.3.2, 4.4.2, 4.5.2, and 4.6.2 "Permitted Uses" for single-family, multifamily, commercial zoning, and industrial districts, respectively are amended by revising the text to read as follows: Article 4 Base Zoning Districts 4.3 Single -Family Residential Districts Table 4.3.2 Permitted Uses (Single-family distr cts) SINGLE-FAMILY DISTRICTS P = Permitted Use SP = Special Permit L = Subject to Limitations [blank cell] = SUE = Special Use Exception Not Permitted FR RE RS- 22 RS- 15 RS- 10 RS -6 RS- 4.5 Standards Public and Civic Uses Community Service Uses [5.1.3.A] L L L L L L L 5.2.3 Day care center L 5.2.4.B Day care home [6 or fewer children] L L L L L L L 5.2.4.0 Educational Facility Uses [5.1.3.C] P P P P P P P Parks and Open Area Uses [5.1.3.F] except for: P P P P P P P Cemetery, crcmatorium (human) SP for existing facilities expanding adjacent property on same or columbaria, mausoleum, memorial park Crematorium (human or animal) Golf course P P L L L L L 5.2.5 Place of Worship Uses [5.1.3.H] P P P P P P P Utilities, major [5.1.3.J] except for: L L L L L L L 5.2.6 Wind energy units L L L L L L L 5.6.4 Ordinance -UDC Text Amendments 11 2016 Page 6 of 12 4.4 Multifamily Residential Districts Table 4.4.2 Permitted Uses (multifamily districts) MULTIFAMILY DISTRICTS P = Permitted Use L = Subject to Limitations SUE = Special Use Exception SP = Special Permit [blank cell] = Not Permitted RS -TF RS-TH RM -1 RM -2 RM -3 RM- AT Standards Residential Uses Single-family detached house P P P P P Zero lot line house L L L L L 4.3.5 Traditional house P P P P P Semi -attached house P P P P P Two-family house P P P P P Townhouse P P P P P P Apartment P P P P Cottage Housing Development P P P P P P 4.7 Group home (6 or fewer residents) P P P P P P Group Living Uses except for: P P P P Nursing or convalescent home P P Public and Civic Uses Community Service Uses [5.1.3.A] L L L L L L 5.2.3 Day care center L L L L L L 5.2.4 Day care home L L L L L L 5.2.4 Educational Facility Uses 5.1.3.C] P P P P P P Parks and Open Area Uses [5.1 .3.F] except for: P P P P P P Existing Cemetery, columbaria, mausoleum, Scc Scction '1.3.2 SP for existing facilities memorial park expanding on same or adjacent properties. Crematorium (human or animal) Passenger Terminal Uses [5.1.3.G] except for: P P P P P P Airport, helipad, heliport or landing field Place of Worship Uses [5.1.3.H] P P P P P P Utilities, major [5.1 .3J] except for: L L L L L L 5.2.6 Wind energy units L L L L L L 5.6.4 Utilities, minor [5.1 .3J] P P P P P P Wireless telecommunication facility See Section 5.5 Ordinance -UDC Text Amendments 112016 Page 7 of 12 4.5 Commercial Districts Table 4.5.2 Permitted Uses (Commercial Zoning Districts) COMMERCIAL DISTRICTS P = Permitted Use L = Subject to Limitations SUE = Special Use Exception SP = Special Permit [blank cell] = Not Permitted z U N z U z 0 CR -1 N oe U M oe U () U N 0 U U CBD BP Standards Residential Uses Caretakers quarters L L LLLL LL L L P 5.2.20 Townhouse P P P PP P P P Zero Lot Line L L LLL L L L 4.3.5 Multifamily dwelling P P P PP P P P P Cottage Housing Development P P P PP P P 4.7 Upper -story residential unit within commercial business structures L L LLLL LLLPL 5.2.1 Group Living Uses [5.1.2.B] P P P PP P P P Public and Civic Uses Day Care Uses [5.1.3.B] L L LLLL LL LLL 5.2.4 Community Service Uses [5.1.3.A] P P PPPP PP PP P Educational Facility Uses [5.1.3.C] P P PPPP PP PP P Government Facility Uses [5.1.3.D] except for: P P PPPP PP PP P Detention facility SP SP SP Medical Facility Uses [5.1.3.E] P P PPPP PP PP P Parks and Open Area Uses [5.1.3.F] except for: P P P PP P PPPPP Cemetery, columbaria, mausoleum, memorial park -Q SP for existing facilities expanding on adjacent property only or same Crematorium (human or animal) Golf course P P P P P Passenger Terminal Uses [5.1.3.G] except for: P P PPPP PP PP P Airport or landing field SP SP SP SP SP SP SP SP SP SP SP 5.2.2 Helipad or heliport L L LLLL LL LLL 5.2.2 Place of Worship Uses [5.1.3.H] P P PPPP PP PP P Social Service Uses [5.1.3.1] SP SP Utilities, major [5.1.3J] except for: SPL SPL SPL SPL SP SPL SPL P P SPL SPL 5.2.6 Wastc Trcatmcnt Plants SP SP SP SP SP SP SP SP SP SP SP Wind energy units L L LLLL LL LLL 5.6.4 Utilities, minor [5.1.3.J] P P PPPP PP PP P Wireless telecommunication facility See Section 5.5 Ordinance -UDC Text Amendments 11 2016 Page 8 of 12 4.6 Industrial Districts Table 4.6.2 Permitted Uses (Industrial districts) INDUSTRIAL DISTRICTS P = Permitted Use L = Subject to Limitations SUE = Special Use Exception SP = Special Permit [blank cell] = Not Permitted IL IH Standards Residential Uses Caretakers quarters P P Upper -story residential unit within commercial businessL structures. 5.2.1 Public and Civic Uses Commercial child care SP SP 5.2.4 Government Facility Uses [5.1.3.0] P P Medical Facility Uses [5.1 .3.E] P Parks and Open Area Uses [5.1 .3.F] except for: P P Sec Section x.3.2 SP for existing Cemetery, columbaria, mausoleum, memorial park facilities expanding on adjacent or same property only Crematorium (human or animal) P P Golf course See Section 4.3.2 Passenger Terminal Uses [5.1.3.G] except for: P P Airport, helipad, heliport or landing field L L 5.2.2 Social Service Uses [5.1.3.1] P Utilities, major [5.1 .3.J], except for: P P Wind energy units L L 5.6.4 Utilities, minor [5.1 .3.1] P P Wireless telecommunication facility See Section 5.5 Commercial Uses IL IH Standards Commercial Parking Uses [5.1.4.A] P Crematorium (animal) Fairgrounds P Office Uses [5.1 .4.C] P Restaurant Uses [5.1.4.F] L 5.2.1 1 Retail Sales and Service Uses, sales -and service- oriented [5.1.4.G.] Includes personal service uses P P 5.2.12 Retail Sales and Service Uses, repair -oriented [5.1.4.G.] P P 5.2.13 Self -Service Storage Uses [5.1.4.H] P P Sexually -oriented businessP See Muni Code Ch. 48 Truck stop with overnight accommodations P P Vehicle Sales and Service Uses [5.1.4.1] except for: P Vehicle service, heavy P P Veterinarian or animal hospital without outdoor runs and kennels P Vocational, trade or business school P Industrial Uses Light Industrial Service Uses [5.1 .5.A] P P Warehouse and Freight Movement Uses[5.1.5.B] P P Waste -Related Service Uses [5.1.5.C] P P Wholesale Trade Uses [5.1.5.D] P P (Ordinance 029376, 02/21/12) Ordinance -UDC Text Amendments 11 2016 Page 9 of 12 SECTION 5. Housing Types: UDC Article 4 "Base Zoning Districts" table 4.4.4 " Multifamily Housing Types" is amended by revising the text to read as follows: Article 4. Base Zoning District 4.4 Multifamily Residential Districts Table 4.4.4 Multifamily Housing Types DESCRIPTION ILLUSTRATION Two -Family House Two attached dwelling units under single ownership, in a single structure and on a single• lot (often called a duplex). The may two units be located on separate floors or side- by -side. r...____..7 I 1 j I � I /r/ i i I i ' Townhouse Two or more attached single- family units Iota ed -ems soparately owned gots where the units are lined up in a row and have abutting side walls;. If ' , I - I j •share ' :Y Unit 1 Unit 2 Individual units may not be mixed vertically. A townhouse development may be platted on separately owned lots and lots may be sold fee -simple or as condominiums or the development may occupy a single parcel with the units being leased. Apartment One or more structures with three or more units in a single structure on a single lot. An apartment can vary in height046;" from two to five stories, and • E �� 1 F• ® 1 Un5 I % ///A �'el IJriit2 individual units can be mixed vertically. (Ordinance 029376, 02/21/2012) Ordinance -UDC Text Amendments 11 2016 Page 10 of 12 SECTION 6. Canopies: UDC Article 5, "Use Categories", subsection 5.3.2.C.1 "Fuel Pumps, Islands, or Canopies" is amended by revising the text to read as follows. Article 5. Use Categories 5.3 Accessory Uses and Structures 5.3.2.C.1 Fuel Pumps, Islands, or Canopies a. Fuel pumps, Awnings, porte cocheres, islands, and canopies not locatcd in the Ncighborhood Commcrcial or Rcsort Commcrcial located in any districts (described as being open on all sides except on the side attached to a building) e may occupy the required yards, provided they are a minimum of 12 feet from any public right of way line. Above ground fuel storage shall not occupy a required yard. c. Fuel pumps and islands shall follow respective setbacks for standard development. SECTION 7. Outside Storage: UDC Article 7, "General Development Standards", subsection 7.4.4 "Categories of Outside Display and Storage" is amended by revising the text to read as follows. Article 7 General Development Standards 7.4 Outside Display Sales and Storage 7.4.4 Categories of Outside Display and Storage C Outside Storage 1. Outside storage shall be allowed in unlimited quantity provided that the storage area is completely screened from view the public right-of-way and adjacent properties. non -industrial uses. SECTION 8. Easements: UDC Article 8 "Subdivision Design and Improvements", subsection 8.2.3.A "Utility Easements" is amended by revising the text to read as follows. Article 8 Subdivision Design and Improvements 8.2 Design Standards 8.2.3.A Utility Easements 2. Utility easements 15 feet in width typically will be required along both sides of arterial or higher classification streets rights of way. Utility easements 10 feet in width may be required along both sides of collector streets rights of way. No -Utility easements typically will may be required along local street rights of way as determined by the Technical Review Committee. SECTION 9. Special Use Exception: UDC Article 3 "Development Review Procedures", subsection 3.12.1 "Applicability" is amended by revising text to read as follows. Article 3 Development Review Procedures 3.12 Special Use Exception 3.12.1 Applicability A. Uses requiring a special use exception are identified in the permitted use tables of the Scction 11.3, pertinent zoning district. SECTION 10. 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 of competent jurisdiction, 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. Ordinance -UDC Text Amendments 11 2016 Page 11 of 12 SECTION 11. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the UDC. SECTION 12. 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. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance -UDC Text Amendments 11 2016 Page 12 of 12 AGENDA MEMORANDUM Future Item for the City Council Meeting of April 12, 2016 Action Item for the City Council Meeting of April 19, 2016 DATE: TO: Ronald L. Olson, City Manager March 29, 2016 FROM: Miles Risley, City Attorney milesr@cctexas.com (361)826-3361 Gilbert Sanchez, Risk Manager gilberts2@cctexas.com (361)826-3739 Motion awarding purchase of property insurance. CAPTION: Motion awarding the purchase of property insurance and, authorizing the City Manager to execute all documents necessary to purchase All Risk, Flood, Named Storm, Wind/Hail, Earthquake, and Equipment Breakdown through Carlisle Insurance Agency, Broker of Record for property insurance, in exchange for premium totaling $2,001,750 from May 5, 2016 to May 5, 2017 of which $811,669 is required for the remainder of FY 2015-2016. PURPOSE: Obtain property insurance for City -owned property. Chooses Option I + Additional Flood Insurance (additional $26,000 for $25,000,000 of coverage - highlighted on attached chart) BACKGROUND AND FINDINGS: The City's Property Insurance Program currently carries property insurance coverage including: All Other Perils, Flood, Earth Movement, Wind, Named Storm and Equipment Breakdown. The City's Property Insurance Program is a multi -layered program comprised of admitted and non - admitted commercial carriers participating. In addition to traditional insured property (buildings and contents), the City's schedule of insured property includes other specialty insurance type risks including; wharves, docks, piers and fine arts. The City also purchases flood insurance for property located wholly or partially within the Special Flood Hazard Areas (SFHA) as defined by the Federal Emergency Management Agency (FEMA) in Flood Zone A through the National Flood Insurance Program. Total Insured Values are $696,422,133 (after schedule of value property update completed in January, 2016). Recently, the City awarded a Broker of Record contract to Carlisle Insurance Agency effective January 1, 2016. The City's Risk Management Division along with its insurance consultant RWL, met with Carlisle Insurance Agency in January, 2016 to establish the parameters of the City's property insurance renewal process which included a timeline, statement of value updates and market assignment. Favorable global conditions throughout the property market due to relatively low catastrophic events and several years of profitable reinsurance results have made both options possible. The two excellent property insurance renewal options are summarized in the following table. Current Option 1 Option 11 Total Insured Values $ $627,286,300 Property Rate (per $100 value) includes recommended option $0.4384 Premium $2,752,388 (primary/excess/equip) Difference from 2014-15 Limits All Risk (excludes flood/Quake) Named Storm Earth Movement Flood All Risk /P-_ 1 Flood (storm surge included) Named Storm Wind/Hail Earth Movement $250,000,000 $150,000,000 $ 25,000,000 D $696,422,133 (Increase in property values of 11% 2016- 17) $0.2871* $ 50,000 per occur. $100,000 per occur. 2% Total Insurable values at the time of the loss at each location involved in the loss or damage arising out of the named storm subject to a minimum of $250,000 any one occurrence and max. of $4,000,000 any one occurrence $250,000 per occur. $100,000 per occur. $1,975,750 $776,638 (28% decrease) $250,000,000 $150,000,000 $ 50,000,000 $ 25,000,000 D $ 50,000 per occur. $100,000 per occur. 2% of Total Insurable values at the time of the loss at each location involved in the loss or damage arising out of the named storm subject to a minimum of $100,000 any one occurrence and max. of $4,000,000 any one occurrence $50,000 per occur. $100,000 per occur. $696,422,133 $0.3082 $2,146,125 $606,263 (22% decrease) $250,000,000 $150,000,000 $ 50,000,000 D $ 50,000 per occur. $100,000 per occur. $500,000 per bldg. $500,000 contents in FEMA defined flood zones A and V 1% of Total insurable values per unit of insurance, at the time of the loss at each location involved in the loss or damage arising out of the named storm subject to a minimum deductible of $100,000 any one occurrence and a maximum of $2,500,000 any one occurrence. $50,000 per occur. $50,000 per occur. Additional Coverage Equipment Breakdown $19,365 $15,000 (included in Premium) $4,365 Optional Coverage Terrorism Add? $25M of Flood $26,000 $23,625 Total $2,001,750 Funds have been budgeted by the Legal Department in FY 2015-2016. ALTERNATIVES: Not applicable. 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: Legal Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 2,568,965 Encumbered / 35,697 as Expended Amount of 2/3/16 This item 811,669 1,190,081 2,001,750 BALANCE 1,721,599 1,721,599 Fund(s): Insurance Policy Premiums — Property Insurance Comments: Property insurance renewal, Option I represents the property insurance premium which has been budgeted FY 2016-17. RECOMMENDATION: Staff recommends, based on projected 2016-17 budget constraints, the City maintain its current coverage limits, deductible structure, and policy terms and provisions and select Option I in the amount of $1,975,750 to maximize savings in the amount of $776,638. Also, given the value of wastewater -related improvements in areas of potential flooding, staff also recommends binding an additional $25,000,000 of flood coverage for $26,000. This will be a total of $2,001,750. LIST OF SUPPORTING DOCUMENTS: Proposed Property Insurance Renewal Schematic (Table included within memo) AGENDA MEMORANDUM Future Item for the City Council Meeting of April 12, 2016 Action Item for the City Council Meeting of April 19, 2016 DATE: March 11, 2016 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Appointment of Financial Advisor for Issuance of General Improvement Refunding Bonds CAPTION: Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for one or more series of "City of Corpus Christi, Texas General Improvement Refunding Bonds" in an aggregate principal amount not to exceed $23,610,000. PURPOSE: The City plans on refunding any callable, outstanding general obligation bonds for savings. Currently, there is potentially over $23,610,000 of outstanding general obligation bonds that may be considered. BACKGROUND AND FINDINGS: Issuance of bonds requires utilization of a financing team which is made up of three parts: the financial advisor, bond counsel, and the underwriting syndicate. This agenda item authorizes the appointment of M. E. Allison & Co., Inc. as financial advisor for these transactions. See Exhibit A for the Financial Advisor's fee schedule. Fulbright & Jaworski L.L.P. is currently under contract with the City to serve as the City's bond counsel and will serve as the second part of our financing team. The third part of the financing team is the underwriters, and selection of the syndicate of underwriters from the City's pool of approved underwriters is being recommended for delegation to the City Manager, Deputy City Manager, and Director of Financial Services. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: n/a DEPARTMENTAL CLEARANCES: • Bond Counsel • City Attorney's Office FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - - - Encumbered/Expended amount of (date) - - - - This item - - - - BALANCE - - - - FUND(S): CIP Funds COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Exhibit A — Financial Advisor Fee Schedule (�. slaw. Jac. 1 NVESTMENT BANKERS FINANCIAL ADVISORY FEE SCHEDULE GENERAL OBLIGATION BONDS More than And Not More than $ $ 250,000 $7,500 plus $20.00 per $1,000 for all over $150,000 250,000 350,000 $9,500 plus $10.00 per $1,000 for all over $250,000 350,000 500,000 $10,500 plus $8.00 per $1,000 for all over $350,000 500,000 700,000 $11,700 plus $7.00 per $1,000 for all over $500,000 700,000 1,000,000 $13,100 plus $6.00 per $1,000 for all over $700,000 1,000,000 1,500,000 $14,900 plus $5.00 per $1,000 for all over $1,000,000 1,500,000 5,000,000 $17,400 plus $3.00 per $1,000 for all over $1,500,000 5,000,000 10,000,000 $27,900 plus $1.65 per $1,000 for all over $5,000,000 10,000,000 20,000,000 $36,150 plus $1.00 per $1,000 for all over $10,000,000 20,000,000 No Limit $46,150 plus $0.85 per $1,000 for all over $20,000,000 REVENUE BONDS AND COMBINATION TAX & REVENUE CERTIFICATES OF OBLIGATION In the event the Bonds to be issued are Revenue Bonds or Combination Tax and Revenue Certificates of Obligation, Refunding, Direct Pay Subsidy or Lease Purchase Obligations, the fee shall be the amount computed from the above schedule, plus 25%. EXHIBIT A AGENDA MEMORANDUM First Reading for the City Council Meeting of April 12, 2016 Second Reading for the City Council Meeting of April 19, 2016 DATE: March 11, 2016 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Authorization for the Issuance of General Improvement Refunding Bonds CAPTION: Ordinance authorizing the issuance of one or more series of "City of Corpus Christi, Texas General Improvement Refunding Bonds", as further designated by series, in an aggregate principal amount not to exceed $23,610,000, levying a continuing direct annual ad valorem tax, within the limitations prescribed by law, for the payment of the bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the bonds; including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent/registrar agreement, a purchase contract, and an escrow agreement; complying with the letter of representations on file with the depository trust company; delegating the authority to certain members of the City staff to execute certain documents relating to the sale of the bonds; and providing an effective date. PURPOSE: The City plans on refunding any callable, outstanding general obligation bonds for savings. BACKGROUND AND FINDINGS: The City plans on refunding any callable, outstanding general obligation bonds for savings. This currently equates to $23,610,000 in six outstanding series of bonds. Three of the six eligible series are the outstanding notes and bonds related to the Texas Military Preparedness Commission (TMPC)/Texas Public Finance Authority (TPFA). If these eligible outstanding bonds are refunded at today's interest rate, a net present value savings of approximately $1.0 million (or 10.05%) would be realized. The remaining three eligible issues are estimated to generate a net present value savings of approximately $744,000 (or 3.54%) with today's interest rates. This action is in compliance with Section 10.3 of the City's Debt Management Policy that outlines a minimum net present value savings threshold of 2.5% for consideration of a bond refunding. The actual amount to be refunded for this transaction, however, will be determined at the time of pricing. Because of the fluctuating conditions in the municipal bond market, our financial advisor has recommended that the City Council delegate to the City Manager, Deputy City Manager, and the Director of Financial Services (the "Delegated Officials") the authority to effect the sale of the bonds subject to the following parameters: (1) the principal amount in total of all bonds sold may not exceed $23,610,000; (2) none of the bonds shall bear interest at a rate greater than 6% per year; and (3) the bonds must have a rating issued by a nationally recognized municipal securities ratings organization in one of the four highest rating categories. The $23,610,000 represents the principal amount of all general obligation bonds currently outstanding that are eligible to be refunded. The actual amount that will be refunded will be determined at the time of pricing. Also, the City's bond counsel has confirmed that the City can delegate the sale of the bonds to the Delegated Officials in the manner outlined above pursuant to the authority contained in Chapter 1371, as amended, Texas Government Code. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: Issuance of municipal obligations are exempted from the City's charter provision regarding dual reading and/or emergency adoption provisions pursuant to the provisions of Section 1201.028, as amended, Texas Government Code. DEPARTMENTAL CLEARANCES: • Financial Services Department • Bond Counsel • City Attorney's Office FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - - - Encumbered/Expended amount of (date) - - - - This item - $ 23,610,000 - $ 23,610,000 BALANCE - $ 23,610,000 - $ 23,610,000 FUND(S): CIP Fund (number to be determined after bond sale) COMMENTS: The amount of the refunding will be known at the time of pricing. RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance DRAFT 3/21/16 ORDINANCE NO. AUTHORIZING THE ISSUANCE OF ONE OR MORE SERIES OF "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT REFUNDING BONDS", AS FURTHER DESIGNATED BY SERIES, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $23,610,000, LEVYING A CONTINUING DIRECT ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE BONDS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE BONDS, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT, A PURCHASE CONTRACT, AND AN ESCROW AGREEMENT; COMPLYING WITH THE LETTER OF REPRESENTATIONS ON FILE WITH THE DEPOSITORY TRUST COMPANY; DELEGATING THE AUTHORITY TO CERTAIN MEMBERS OF THE CITY STAFF TO EXECUTE CERTAIN DOCUMENTS RELATING TO THE SALE OF THE BONDS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the City Council) of the City of Corpus Christi, Texas (the City) has heretofore issued, sold, and delivered, and there are currently outstanding obligations in the aggregate original principal amount of $23,610,000 being the obligations set forth on Schedule I hereto which is incorporated by reference for all purposes to this ordinance (collectively, the Refunded Obligations); and WHEREAS, the City Council intends to issue an aggregate principal amount of $ in general improvement refunding bonds the proceeds of which will be utilized to provide for the (i) refunding of the Refunded Obligations and (ii) payment of the costs of issuance of the general improvement refunding bonds; and WHEREAS, pursuant to the provisions of Chapter 1207, as amended, Texas Government Code (the Act), the City Council is authorized to issue refunding bonds and deposit the proceeds of sale under an escrow agreement to provide for the payment of the Refunded Obligations, and such deposit, when made in accordance with the Act, shall constitute the making of firm banking and financial arrangements for the discharge and final payment of the Refunded Obligations; and WHEREAS, the Act permits that the deposit of the proceeds from the sale of the refunding bonds be deposited directly with any designated escrow agent which is not the depository bank of the City; and WHEREAS, when firm banking arrangements have been made for the payment of principal of and interest to the stated maturity or redemption dates of the Refunded Obligations, then the Refunded Obligations shall no longer be regarded as outstanding except for the purpose 27034960.5 of receiving payment from the funds provided for such purpose and may not be included in or considered to be an indebtedness of the City for the purpose of a limitation on outstanding indebtedness or taxation or for any other purpose; and WHEREAS, The Bank of New York Mellon Trust Company, N.A., Dallas, Texas currently serves as the paying agent for certain of the Refunding Candidates (hereinafter defined), Wells Fargo Bank, National Association, Minneapolis Minnesota currently serves as the paying agent for certain of the Refunding Candidates, and BOKF, NA, Austin, Texas currently serves as the paying agent for the remainder of the Refunding Candidates; and WHEREAS, The Bank of New York Mellon Trust Company, N.A., Dallas, Texas (which is not the depository bank of the City) is hereby appointed as the Escrow Agent (hereinafter defined) and The Bank of New York Mellon Trust Company, N.A., Dallas, Texas to serve as Paying Agent/Registrar (hereinafter defined) for the general improvement refunding bonds; and WHEREAS, the City Council also hereby finds and determines that the Refunded Obligations are scheduled to mature or are subject to being redeemed, not more than twenty (20) years from the date of the refunding bonds herein authorized and issued to restructure the City's debt service and associated tax rates in the coming years, and such refunding will result in a net present value benefit of $ ( %) and a gross savings of $ of the City's cash contribution of $ ; and , exclusive WHEREAS, the City Council hereby finds and determines, pursuant to the authority provided by the Act, to delegate to the Authorized Officials (hereinafter defined) the authority to execute an Approval Certificate, to approve the final terms of the refunding bonds issued hereunder, and to identify those Refunding Candidates to be included in Schedule I as the Refunded Obligations is in the best interest of the District; and WHEREAS, the City Council hereby finds and determines that the issuance of the general improvement refunding bonds for the purpose of refunding the Refunded Obligations is in the best interests of the residents of the City, now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: SECTION 1. Authorization - Designation - Principal Amount - Purpose — Dated Date. General improvement refunding bonds of the City, in one or more series, shall be and are hereby authorized to be issued in the aggregate principal amount of THOUSAND AND NO/100 DOLLARS ($ ), to be designated and bear the title of "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT REFUNDING BONDS, SERIES 2016" (the Bonds), for the purpose of providing funds for the (i) discharge and final payment of the Refunded Obligations and (ii) payment of the costs of issuance of the Bonds, all in conformity with the laws of the State of Texas, particularly the Act, and Chapter 1371, as amended, Texas Government Code (Chapter 1371) an ordinance adopted by the City Council on April 19, 2016, and the City's Home Rule Charter. 27034960.5 -2- As authorized by the Act and Chapter 1371, each Authorized Official is hereby authorized, appointed, and designated as the officers of the City authorized to individually act on behalf of the City in selling and delivering each series of Bonds authorized herein and carrying out the procedures specified in this Ordinance, including the following: (1) Aggregate principal amount of each maturity of the Bonds; (2) Rate of interest to be borne on the principal amount of each maturity; (3) Interest payment dates; (4) Extraordinary, optional, and/or mandatory redemption provisions; (5) Pricing of each series of Bonds, including use of premium, discount, underwriters' compensation, and costs of issuance; (6) Underwriting syndicate for each series of Bonds, including the identification of the senior and book running manager and co -managers, respectively, for each such series; (7) Dated Date (hereinafter defined); (8) Selection of the Refunded Obligations from the Refunding Candidates for each series of Bonds; (9) Further designation of each series of Bonds by year issued and the number of similarly -secured series of bonds issued during the then -current calendar year; and (10) Selection of the bond insurer, if any, with respect to any series of Bonds, if determined by an Authorized Official to be advantageous to the City. Each series of Bonds issued under this Ordinance shall be issued within the following parameters: (1) The total principal amount of all series of Bonds issued hereunder shall not exceed $23,610,000; (2) The maximum maturity for any series of Bonds issued hereunder shall be March 1, 2029; (3) On a combined basis by series (and not on a per maturity basis within a series), the true interest cost (as determined by federal arbitrage yield) applicable to any series of Bonds issued hereunder shall not exceed a rate greater than 6.00% per annum; and (4) The refunding of the Refunded Obligations shall result in a net present value benefit to the City of not less than 3.00%, excluding the City contribution and costs 27034960.5 -3- of issuance measured on the basis of those Refunding Candidates being refunded by a particular series of Bonds. The execution of an Approval Certificate relating to a series of Bonds issued hereunder shall evidence the sale date of the Bonds by the City to the Purchasers (hereinafter defined) in accordance with the provisions of Chapter 1371. It is further provided, however, that notwithstanding the foregoing provisions, no series of Bonds shall be delivered unless prior to their initial delivery, such series of Bonds has been rated by a nationally recognized rating agency for municipal securities in one of the four highest rating categories for long term obligations, as required by Chapter 1371. Upon execution of an Approval Certificate, Bond Counsel is authorized to complete this Ordinance to reflect such final terms applicable to a series of Bonds. SECTION 2. Fully Registered Obligations - Authorized Denominations - Stated Maturities - Interest Rates — Dated Date. The Bonds are issuable in fully registered form only, without coupons; shall be dated , 20 (the Dated Date) and shall be issued in denominations of $5,000 or any integral multiple thereof (within a Stated Maturity), shall be lettered "R" and numbered consecutively from One (1) upward, and principal shall become due and payable on March 1 in each of the years and in principal amounts (the Stated Maturities) and bear interest on the unpaid principal amounts from the Dated Date, or from the most recent Interest Payment Date (hereinafter defined) to which interest has been paid or duly provided for, to the earlier of redemption or to Stated Maturity, at the per annum rates, while Outstanding (hereinafter defined), in accordance with the following schedule: Years of Principal Interest Stated Maturity Amounts ($) Rates (%) 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 27034960.5 -4- The Bonds shall bear interest on the unpaid principal amounts from the Dated Date or from the most recent Interest Payment Date (hereinafter defined) to which interest has been paid or duly provided for, to the earlier of redemption or Stated Maturity while Outstanding, at the rates per annum shown in the above schedule (calculated on the basis of a 360 -day year of twelve 30 -day months). Interest on the Bonds shall be payable on March 1 and September 1 in each year (each, an Interest Payment Date), commencing September 1, 2016, while the Bonds are Outstanding. SECTION 3. Payment of Bonds - Paying Agent/Registrar. The principal of, premium, if any, and the interest on the Bonds, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable, without exchange or collection charges to the Holder (hereinafter defined), appearing on the registration and transfer books maintained by the Paying Agent/Registrar (hereinafter defined), in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts, and such payment of principal of, premium, if any, and interest on the Bonds shall be without exchange or collection charges to the Holder of the Bonds. The selection and appointment of The Bank of New York Mellon Trust Company, N.A., Dallas, Texas to serve as the initial Paying Agent/Registrar (the Paying Agent/Registrar) for the Bonds is hereby approved and confirmed, and the City agrees and covenants to cause to be kept and maintained at the corporate trust office of the Paying Agent/Registrar books and records (the Security Register) for the registration, payment, and transfer of the Bonds, all as provided herein, in accordance with the terms and provisions of a Paying Agent/Registrar Agreement, attached hereto, in substantially final form, as Exhibit A, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The City covenants to maintain and provide a Paying Agent/Registrar at all times while the Bonds are Outstanding, and any successor Paying Agent/Registrar shall be (i) a national or state banking institution or (ii) an association or a corporation organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers. Such Paying Agent/Registrar shall be subject to supervision or examination by federal or state authority and shall be authorized by law to serve as a Paying Agent/Registrar. The City reserves the right to appoint a successor Paying Agent/Registrar upon providing the previous Paying Agent/Registrar with a certified copy of a resolution or ordinance terminating such agency. Additionally, the City agrees to promptly cause a written notice of this substitution to be sent to each Holder of the Bonds by United States mail, first-class postage prepaid, which notice shall also give the address of the corporate office of the successor Paying Agent/Registrar. Principal of, premium, if any, and interest on the Bonds, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable only to the registered owner of the Bonds appearing on the Security Register (the Holder or Holders) maintained on behalf of the City by the Paying Agent/Registrar as hereinafter provided (i) on the Record Date (hereinafter defined) for purposes of payment of interest on the Bonds, (ii) on the date of surrender of the Bonds for purposes of receiving payment of principal thereof upon redemption of the Bonds or at the Bonds' Stated Maturity, and (iii) on any other date for any other purpose. The City and the 27034960.5 -5- Paying Agent/Registrar, and any agent of either, shall treat the Holder as the owner of a Bond for purposes of receiving payment and all other purposes whatsoever, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. Principal of and premium, if any, on the Bonds shall be payable only upon presentation and surrender of the Bonds to the Paying Agent/Registrar at its corporate trust office. Interest on the Bonds shall be paid to the Holder whose name appears in the Security Register at the close of business on the fifteenth day of the month next preceding an Interest Payment Date for the Bonds (the Record Date) and shall be paid (i) by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, by the Paying Agent/Registrar, to the address of the Holder appearing in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested in writing by the Holder at the Holder's risk and expense. If the date for the payment of the principal of, premium, if any, or interest on the Bonds shall be a Saturday, a Sunday, a legal holiday, or a day on which banking institutions in the city where the corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a day. The payment on such date shall have the same force and effect as if made on the original date any such payment on the Bonds was due. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each Holder of a Bond appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4. Redemption. A. Mandatory Redemption. The Bonds stated to mature on March 1, 20 and March 1, 20, are referred to herein as the "Term Bonds". The Term Bonds are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Bond Fund for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on March 1 in each of the years as set forth below: 27034960.5 Term Bonds Stated to Mature on March 1, 20 Term Bonds Stated to Mature on March 1, 20 , Principal Principal Year Amount ($) Year Amount ($) -6- *Payable at Stated Maturity B. The principal amount of a Term Bond required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Bonds of such Stated Maturity which, at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the City and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and canceled by the Paying Agent/Registrar at the request of the City with money in the Bond Fund, or (3) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. C. Optional Redemption. The Bonds having Stated Maturities on and after March 1, 20 shall be subject to redemption prior to Stated Maturity, at the option of the City, on March 1, 20 , or on any date thereafter, in whole or in part, in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar), at the redemption price of par plus accrued interest to the date of redemption. D. Exercise of Redemption Option. At least forty-five (45) days prior to a date set for the redemption of Bonds (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of its decision to exercise the right to redeem Bonds, the principal amount of each Stated Maturity to be redeemed, and the date set for the redemption thereof. The decision of the City to exercise the right to redeem Bonds shall be entered in the minutes of the governing body of the City. E. Selection of Bonds for Redemption. If less than all Outstanding Bonds of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar shall select at random and by lot the Bonds to be redeemed, provided that if less than the entire principal amount of a Bond is to be redeemed, the Paying Agent/Registrar shall treat such Bond then subject to redemption as representing the number of Bonds Outstanding which is obtained by dividing the principal amount of such Bond by $5,000. F. Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Bonds, the Paying Agent/Registrar shall cause a notice of redemption shall be sent by United States mail, first-class postage prepaid, in the name of the City and at the City's expense, by the Paying Agent/Registrar to each Holder of a Bond to be redeemed, in whole or in part, at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Bonds, (ii) identify the Bonds to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state 27034960.5 -7- that the Bonds, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Bonds, or the principal amount thereof to be redeemed, shall be made at the corporate trust office of the Paying Agent/Registrar only upon presentation and surrender thereof by the Holder. This notice may also be published once in a financial publication, journal, or reporter of general circulation among securities dealers in the City of New York, New York (including, but not limited to, The Bond Buyer and The Wall Street Journal), or in the State of Texas (including, but not limited to, The Texas Bond Reporter). If a Bond is subject by its terms to redemption and has been called for redemption and notice of redemption thereof has been duly given or waived as herein provided, such Bond (or the principal amount thereof to be redeemed) so called for redemption shall become due and payable, and if money sufficient for the payment of such Bonds (or of the principal amount thereof to be redeemed) at the then applicable redemption price is held for the purpose of such payment by the Paying Agent/Registrar, then on the redemption date designated in such notice, interest on the Bonds (or the principal amount thereof to be redeemed) called for redemption shall cease to accrue and such Bonds shall not be deemed to be Outstanding in accordance with the provisions of this Ordinance. G. Transfer/Exchange of Bonds. Neither the City nor the Paying Agent/Registrar shall be required (i) to transfer or exchange any Bond during a period beginning forty-five (45) days prior to the date fixed for redemption of the Bonds or (ii) to transfer or exchange any Bond selected for redemption, provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance of a Bond which is subject to redemption in part. SECTION 5. Execution - Registration. The Bonds shall be executed on behalf of the City by its Mayor or Mayor Pro Tem under the seal of the City reproduced or impressed thereon and attested by its City Secretary. The signature of any of said officers on the Bonds may be manual or facsimile. Bonds bearing the manual or facsimile signatures of individuals who were, at the time of the Dated Date, the proper officers of the City shall bind the City, notwithstanding that such individuals or either of them shall cease to hold such offices prior to the delivery of the Bonds to the Purchasers, all as authorized and provided in Chapter 1201, as amended, Texas Government Code. No Bond shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Bond either a certificate of registration substantially in the form provided in Section 8C, executed by the Comptroller of Public Accounts of the State of Texas or his duly authorized agent by manual signature, or a certificate of registration substantially in the form provided in Section 8D, executed by the Paying Agent/Registrar by manual signature, and either such certificate upon any Bond shall be conclusive evidence, and the only evidence, that such Bond has been duly certified or registered and delivered. 27034960.5 -8- SECTION 6. Registration - Transfer - Exchange of Bonds - Predecessor Bonds. A Security Register relating to the registration, payment, transfer, or exchange of the Bonds shall at all times be kept and maintained by the City at the corporate trust office of the Paying Agent/Registrar, and the Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of each Holder of the Bonds issued under and pursuant to the provisions of this Ordinance. Any Bond may, in accordance with its terms and the terms hereof, be transferred or exchanged for Bonds of other authorized denominations upon the Security Register by the Holder, in person or by his duly authorized agent, upon surrender of such Bond to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender for transfer of any Bond at the corporate trust office of the Paying Agent/Registrar, the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Bonds executed on behalf of, and furnished by, the City of authorized denominations and having the same Stated Maturity and of a like interest rate and aggregate principal amount as the Bond or Bonds surrendered for transfer. At the option of the Holder, Bonds may be exchanged for other Bonds of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Bonds surrendered for exchange upon surrender of the Bonds to be exchanged at the corporate trust office of the Paying Agent/Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute, and the Paying Agent/Registrar shall register and deliver new Bonds executed on behalf of, and furnished by, the City to the Holder requesting the exchange. All Bonds issued upon any transfer or exchange of Bonds shall be delivered at the corporate trust office of the Paying Agent/Registrar, or be sent by registered mail to the Holder at his request, risk, and expense, and upon the delivery thereof, the same shall be the valid and binding obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Bonds surrendered upon such transfer or exchange. All transfers or exchanges of Bonds pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any fee, tax or other governmental charges required to be paid with respect to such transfer or exchange. Bonds canceled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be "Predecessor Bonds", evidencing all or a portion, as the case may be, of the same debt evidenced by the new Bond or Bonds registered and delivered in the exchange or transfer therefor. Additionally, the term Predecessor Bonds shall include any Bond registered and delivered pursuant to Section 17 in lieu of a mutilated, lost, destroyed, or stolen Bond which shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Bond. SECTION 7. Initial Bond. The Bonds herein authorized shall be issued initially either (i) as a fully registered Bond in the total principal amount of $ with principal 27034960.5 -9- installments to become due and payable as provided in Section 2 and numbered T-1, or (ii) as one (1) fully registered Bond for each year of Stated Maturity in the applicable principal amount, interest rate, and denomination and to be numbered consecutively from T-1 and upward (the Initial Bond) and, in either case, the Initial Bond shall be registered in the name of the Purchasers or the designee thereof. The Initial Bond shall be the Bond submitted to the Office of the Attorney General of the State of Texas for approval and certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas. At any time after the delivery of the Initial Bond to the Purchasers, the Paying Agent/Registrar, upon written instructions from the Purchasers, or the designee thereof, shall cancel the Initial Bond delivered hereunder and exchange therefor definitive Bonds of like kind and denominations, Stated Maturities, principal amounts, and bearing applicable interest rates, and shall be lettered "R" and numbered consecutively from one (1) upward, for transfer and delivery to the Holders named and at the addresses identified therefor; all pursuant to and in accordance with and pursuant to such written instructions from the Purchasers, or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 8. Forms. A. Forms Generally. The Bonds, the Registration Certificate of Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Bonds shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including insurance legends in the event the Bonds, or any Stated Maturities thereof, are insured and identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including insurance legends and any reproduction of an opinion of Bond Counsel) thereon as may, consistent herewith, be established by the City or determined by the officers executing the Bonds as evidenced by their execution thereof. Any portion of the text of any Bond may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Bond. The definitive Bonds shall be printed, lithographed, engraved, produced by any combination of these methods, or produced in any other similar manner, all as determined by the officers executing the Bonds as evidenced by their execution thereof, but the Initial Bond submitted to the Attorney General of Texas may be typewritten or photocopied or otherwise reproduced. 27034960.5 [The remainder of this page intentionally left blank.] -10- B. Form of Definitive Bond. REGISTERED REGISTERED NO. PRINCIPAL AMOUNT $ Dated Date: , 20 United States of America State of Texas Counties of Nueces, Aransas, Kleberg, and San Patricio CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT REFUNDING BOND, SERIES 2016 REGISTERED OWNER: PRINCIPAL AMOUNT: Interest Rate: Stated Maturity: CUSIP NO: The City of Corpus Christi, Texas (the City), a body corporate and a municipal corporation located in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above (the Holder), or the registered assigns thereof, on the Stated Maturity date specified above, the Principal Amount stated above (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof (computed on the basis of a 360 -day year of twelve 30 -day months) from the Dated Date, or from the most recent Interest Payment Date to which interest has been paid or duly provided for, to the earlier of redemption or Stated Maturity, while Outstanding, at the per annum rate specified above; such interest being payable on March 1 and September 1 in each year (each, an Interest Payment Date), commencing September 1, 2016. Principal and premium, if any, of this Bond shall be payable to the Holder, upon its presentation and surrender, at the corporate trust office of the Paying Agent/Registrar executing the registration certificate appearing hereon or its successor. Interest shall be payable to the Holder of this Bond (or one or more Predecessor Bonds, as defined in the Ordinance hereinafter referenced) whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding the Interest Payment Date. All payments of principal of, premium, if any, and interest on this Bond shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by the Holder hereof at the Holder's risk and expense. 27034960.5 -11- This Bond is one of the series specified in its title issued in the aggregate principal amount of $ (the Bonds) pursuant to an ordinance adopted by the governing body of the City on April 19, 2016 (the Ordinance), for the purpose of providing funds for the (i) discharge and final payment of the Refunded Obligations and (ii) payment of the costs of issuance of the general improvement refunding bonds, under and in strict conformity with the laws of the State of Texas, particularly Chapters 1207 and 1371, as amended, Texas Government Code, and the City's Home Rule Charter. As specified in the Ordinance, the Bonds stated to mature on March 1, 20 and March 1, 20 , are referred to herein as the "Term Bonds". The Term Bonds are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Bond Fund for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on in each of the years as set forth below: Term Bonds Stated to Mature on March 1, 20 , Term Bonds Stated to Mature on March 1, 20 , Principal Principal Year Amount ($) Year Amount ($) *Payable at Stated Maturity The principal amount of a Term Bond required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Bonds of such Stated Maturity which, at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the City and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and canceled by the Paying Agent/Registrar at the request of the City with money in the Bond Fund, or (3) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. As specified in the Ordinance, the Bonds having Stated Maturities on and after March 1, 20 , shall be subject to redemption prior to Stated Maturity at the option of the City, on March 1, 20 , or on any date thereafter, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar) at the redemption price of par, together with accrued interest to the date of redemption, and upon thirty (30) days prior written notice being given by United States mail, first-class postage prepaid, to Holders of the Bonds to be redeemed, and subject to the terms and provisions relating thereto contained in the Ordinance. If this Bond is subject to redemption prior to Stated Maturity and is in a denomination in excess of $5,000, portions of the principal sum hereof in installments of $5,000 or any integral multiple thereof may be redeemed, and, if 27034960.5 -12- less than all of the principal sum hereof is to be redeemed, there shall be issued, without charge therefor, to the Holder hereof, upon the surrender of this Bond to the Paying Agent/Registrar at its corporate trust office, a new Bond or Bonds of like Stated Maturity and interest rate in any authorized denominations provided in the Ordinance for the then unredeemed balance of the principal sum hereof. If this Bond (or any portion of the principal sum hereof) shall have been duly called for redemption and notice of such redemption has been duly given, then upon such redemption date this Bond (or the portion of the principal sum hereof to be redeemed) shall become due and payable, and, if the money for the payment of the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption is held for the purpose of such payment by the Paying Agent/Registrar, interest shall cease to accrue and be payable hereon from and after the redemption date on the principal amount hereof to be redeemed. If this Bond is called for redemption, in whole or in part, the City or the Paying Agent/Registrar shall not be required to issue, transfer, or exchange this Bond within forty-five (45) days of the date fixed for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance hereof in the event of its redemption in part. The Bonds of this series are payable from the proceeds of an annual ad valorem tax levied within the limitations prescribed by law upon all taxable property within the City. Reference is hereby made to the Ordinance, a copy of which is on file in the corporate trust office of the Paying Agent/Registrar, and to all of the provisions of which the Holder by his acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Bonds; the terms and conditions relating to the transfer or exchange of this Bond; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which this Bond may be redeemed or discharged at or prior to its Stated Maturity thereof, and deemed to be no longer Outstanding thereunder; and for the other terms and provisions thereof. Capitalized terms used herein have the same meanings assigned in the Ordinance. As provided in the Ordinance and subject to certain limitations contained therein, this Bond is transferable on the Security Register of the City, upon surrender of this Bond for transfer at the corporate trust office of the Paying Agent/Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by the Holder hereof, or his duly authorized agent, and thereupon one or more new fully registered Bonds of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the Holder hereof whose name appears on the Security Register (i) on the Record Date as the owner hereof for purposes of receiving payment of interest hereon, (ii) on the date of surrender of this Bond as the owner hereof for purposes of receiving payment of principal hereof at its Stated Maturity or its redemption, in whole or in part, and (iii) on any other date as the owner hereof for all other purposes, and neither the City nor the Paying Agent/Registrar, or any such agent of either, shall 27034960.5 -13- be affected by notice to the contrary. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, covenanted, and represented that all acts, conditions, and things required to be performed, exist, and be done precedent to or in the issuance of this Bond in order to render the same a legal, valid, and binding obligation of the City have been performed, exist, and have been done, in regular and due time, form, and manner, as required by the laws of the State of Texas and the Ordinance, and that the issuance of this Bond does not exceed any constitutional or statutory limitation; and that due provision has been made for the payment of the principal of, premium if any, and interest on the Bonds by the levy of a tax as aforestated. In case any provision in this Bond or any application thereof shall be deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. The terms and provisions of this Bond and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. 27034960.5 [The remainder of this page intentionally left blank.) -14- IN WITNESS WHEREOF, the City has caused this Bond to be duly executed under its official seal. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) 27034960.5 [The remainder of this page intentionally left blank.] -15- C. *Form of Registration Certificate of Comptroller of Public Accounts to Appear on Initial Bond Only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that this Bond has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) * Note to Printer: Not to appear on printed Bonds D. Form of Certificate of Paying Agent/Registrar to Appear on Definitive Bonds Only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Bond has been duly issued under the provisions of the within -mentioned Ordinance; the Bond or Bonds of the above -entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. Registered this date: THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Paying Agent/Registrar By: Authorized Signature *NOTE TO PRINTER: Print on Definitive Bonds. 27034960.5 -16- E. Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee): (Social Security or other identifying number): the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Bond in every particular. Signature guaranteed: F. Initial Bond. The Initial Bond shall be in the form set forth in paragraph B of this Section, except that the form of a single fully registered Initial Bond shall be modified as follows: (i) immediately under the name of the bond the headings "Interest Rate" and "Stated Maturity" shall both be completed "as shown below"; (ii) the first two paragraphs shall read as follows: REGISTERED OWNER: AND NO/100 DOLLARS PRINCIPAL AMOUNT: The City of Corpus Christi, Texas (the City), a body corporate and municipal corporation located in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above (the Holder), or the registered assigns thereof, on the first day of March in each of the years and in principal amounts and bearing interest at per annum rates in accordance with the following schedule: 27034960.5 Years of Principal Interest Stated Maturity Amounts ($) Rates (%) (Information to be inserted from schedule in Section 2 hereof). -17- (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid principal installments hereof from the Dated Date, or from the most recent interest payment date to which interest has been paid or duly provided, to the earlier of redemption or Stated Maturity, at the per annum rates of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on March 1 and September 1 of each year (each, an Interest Payment Date) commencing September 1, 2016. Principal of this Bond shall be payable to the Holder hereof, upon presentation and surrender, to Stated Maturity or prior redemption, at the corporate trust office of The Bank of New York Mellon Trust Company, N.A., Dallas, Texas (the Paying Agent/Registrar). Interest shall be payable to the Holder of this Bond whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding an Interest Payment Date. All payments of principal of, premium, if any, and interest on this Bond shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by the Holder hereof at the Holder's risk and expense. G. Insurance Legend. If bond insurance is obtained by the City or the Purchasers, the Definitive Bonds and the Initial Bond shall bear an appropriate legend as provided by the insurer. SECTION 9. Definitions. For all purposes of this Ordinance (as defined below), except as otherwise expressly provided or unless the context otherwise requires: (i) the terms defined in this Section have the meanings assigned to them in this Section, and certain terms used in Sections 20 and 37 of this Ordinance have the meanings assigned to them in such Sections, and all such terms include the plural as well as the singular; (ii) all references in this Ordinance to designated "Sections" and other subdivisions are to the designated Sections and other subdivisions of this Ordinance as originally adopted; and (iii) the words "herein", "hereof', and "hereunder" and other words of similar import refer to this Ordinance as a whole and not to any particular Section or other subdivision. A. The term Authorized Officials shall mean the City Manager of the City, the Deputy City Manager of the City, and the City's Director of Financial Services. B. The term Bond Fund shall mean the special fund created and established by the provisions of Section 10 of this Ordinance. C. The term Bonds shall mean the $ "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT REFUNDING BONDS, SERIES 2016" authorized by this Ordinance. 27034960.5 -18- D. The term City shall mean City of Corpus Christi, located in the Counties of Nueces, Aransas, Kleberg, and San Patricio, Texas and, where appropriate, the City Council of the City. E. The term Closing Date shall mean the date of physical delivery of the Initial Bond in exchange for the payment in full by the Purchasers. F. The term Debt Service Requirements shall mean, as of any particular date of computation, with respect to any obligations and with respect to any period, the aggregate of the amounts to be paid or set aside by the City as of such date or in such period for the payment of the principal of, premium, if any, and interest (to the extent not capitalized) on such obligations; assuming, in the case of obligations without a fixed numerical rate, that such obligations bear interest at the maximum rate permitted by the terms thereof and further assuming in the case of obligations required to be redeemed or prepaid as to principal prior to Stated Maturity, the principal amounts thereof will be redeemed prior to Stated Maturity in accordance with the mandatory redemption provisions applicable thereto. G. The term Depository shall mean an official depository bank of the City. H. The term Government Securities, as used herein, shall mean (i) direct noncallable obligations of the United States, including obligations that are unconditionally guaranteed by, the United States of America; (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent; (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent, or (iv) any additional securities and obligations hereafter authorized by the laws of the State of Texas as eligible for use to accomplish the discharge of obligations such as the Bonds. I. The term Holder or Holders shall mean the registered owner, whose name appears in the Security Register, for any Bond. J. The term Interest Payment Date shall mean the date interest is payable on the Bonds, being March 1 and September 1 of each year, commencing September 1, 2016, while any of the Bonds remain Outstanding. K. The term Ordinance shall mean this ordinance adopted by the City Council of the City on April 19, 2016. L. The term Outstanding when used in this Ordinance with respect to Bonds shall mean, as of the date of determination, all Bonds issued and delivered under this Ordinance, except: 27034960.5 -19- (1) those Bonds canceled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Bonds for which payment has been duly provided by the City in accordance with the provisions of Section 17 of this Ordinance; and (3) those Bonds that have been mutilated, destroyed, lost, or stolen and replacement Bonds have been registered and delivered in lieu thereof as provided in Section 17 of this Ordinance. M. The term Purchasers shall mean the initial purchasers of the Bonds named in Section 17 of this Ordinance. N. The term Refunding Candidates shall mean the following District obligations from which the Refunded Obligations are selected by an Authorized Official: (1) "City of Corpus Christi, Texas General Improvement Bonds, Series 2007A", dated March 15, 2007, in the original principal amount of $31,145,000 and maturing on March 1 in each of the years 2018 and 2019 in the aggregate principal amount of $3,225,000; (2) "City of Corpus Christi, Texas General Improvement Bonds, Series 2009", dated April 15, 2009, in the original principal amount of $88,725,000 and maturing on March 1 in each of the years 2019 and 2020 in the aggregate principal amount of $8,300,000; and (3) "City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2009", dated July 15, 2009, in the original principal amount of $8,460,000 and maturing on March 1 in each of the years 2020 through 2029 in the aggregate principal amount of $4,835,000; and (4) "City of Corpus Christi, Texas Combination Tax and Utility System Revenue Certificates of Obligation, Series 2007", dated March 1, 2007, in the original principal amount of $8,460,000 and maturing on September 1, 2025 and September 1, 2026 in the aggregate principal amount of $1,005,000; and (5) "City of Corpus Christi, Texas General Improvement Bonds, Series 2007", dated March 1, 2007, in the original principal amount of $6,985,000 and maturing on September 1 in each of the years 2018 through 2026 in the aggregate principal amount of $2,290,000; and (6) "City of Corpus Christi, Texas Tax Notes, Series 2015", dated March 1, 2015, in the original principal amount of $5,090,000 and maturing on September 1 in each of the years 2017 through 2021 in the aggregate principal amount of $3,955,000. O. The term Stated Maturity shall mean the annual principal payments of the Bonds payable on March 1 of each year as set forth in Section 2 of this Ordinance. 27034960.5 -20- SECTION 10. Bond Fund; Investments. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption, and retirement of the Bonds, there shall be and is hereby created a special fund to be designated "GENERAL IMPROVEMENT REFUNDING BONDS, SERIES 2016 INTEREST AND SINKING FUND" (the Bond Fund), which Bond Fund shall be kept and maintained at the Depository, and money deposited in such Bond Fund shall be used for no other purpose and shall be maintained as provided in Section 20. Authorized Officials of the City are hereby authorized and directed to make withdrawals from the Bond Fund sufficient to pay the principal of, premium, if any, and interest on the Bonds as the same become due and payable, or the purchase price thereof, and shall cause to be transferred to the Paying Agent/Registrar from money on deposit in the Bond Fund an amount sufficient to pay the amount of principal and/or interest stated to mature on the Bonds, such transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar on or before the business day next preceding each interest and principal payment date for the Bonds. Pending the transfer of funds to the Paying Agent/Registrar, money deposited in any fund created and established pursuant to the provisions of this Ordinance may, at the option of the City. be placed in time deposits, certificates of deposit, guaranteed investment contracts, or similar contractual agreements, as permitted by the provisions of the Public Funds Investment Act, as amended, Chapter 2256, Texas Government Code, secured (to the extent not insured by the Federal Deposit Insurance Corporation) by obligations of the type hereinafter described, or be invested, as authorized by any law, including investments held in book -entry form, in securities including, but not limited to, direct obligations of the United States of America, obligations guaranteed or insured by the United States of America, which, in the opinion of the Attorney General of the United States, are backed by its full faith and credit or represent its general obligations, or invested in indirect obligations of the United States of America, including, but not limited to, evidences of indebtedness issued, insured or guaranteed by such governmental agencies as the Federal Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal Home Loan Banks, Government National Mortgage Association, Farmers Home Administration, Federal Home Loan Mortgage Association, Small Business Administration, or Federal Housing Association; provided that all such deposits and investments shall be made in such a manner that the money required to be expended from any fund will be available at the proper time or times. All interest and income derived from deposits and investments in such fund shall be credited to, and any losses debited to, such fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Bonds. SECTION 11. Tax Levy — Deposits to Bond Fund — Surplus Bond Proceeds. To provide for the payment of the Debt Service Requirements on the Bonds being (i) the interest on the Bonds and (ii) a sinking fund for their redemption at Stated Maturity or a sinking fund of 2% (whichever amount shall be the greater), there shall be and there is hereby levied for the fiscal year commencing October 1, 2016 and each succeeding year thereafter while the Bonds or any interest thereon shall remain Outstanding, a sufficient tax, within the limitations prescribed by law, on each one hundred dollars' valuation of taxable property in the City, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and 27034960.5 -21- collected shall be paid into the Bond Fund and are thereafter pledged to the payment of the Bonds. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay the Debt Service Requirements, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness and other obligations of the City. The City hereby covenants and agrees to cause to be deposited in the Bond Fund prior to a principal and interest payment date for the Bonds, from the annual levy of an ad valorem tax or from other lawfully available funds, amounts sufficient to fully pay and discharge promptly each installment of interest and principal of the Bonds as the same accrues or matures or comes due by reason of Stated Maturity. Accrued interest, if any, received from the Purchasers of the Bonds, along with any taxes collected pertaining to the Refunded Obligation, after the Closing Date, shall be deposited to the Bond Fund and ad valorem taxes levied and collected for the benefit of the Bonds shall be deposited to the Bond Fund. Any surplus proceeds from the sale of the Bonds, including investment income thereon, not expended for authorized purposes shall be deposited in the Bond Fund, and such amounts so deposited shall reduce the sum otherwise required to be deposited in the Bond Fund from ad valorem taxes. SECTION 12. Security for Funds. All money on deposit in the funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested as provided herein) shall be secured in the manner and to the fullest extent required by the laws of the State of Texas for the security of public funds, and money on deposit in such funds shall be used only for the purposes permitted by this Ordinance. SECTION 13. Remedies in Event of Default. In addition to all the rights and remedies provided by the laws of the State of Texas, the City covenants and agrees particularly that in the event the City (a) defaults in the payments to be made to the Bond Fund or (b) defaults in the observance or performance of any other of the covenants, conditions, or obligations set forth in this Ordinance, the Holders of any of the Bonds shall be entitled to seek a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the City and other officers of the City to observe and perform any covenant, condition, or obligation prescribed in this Ordinance. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specific remedies herein provided shall be cumulative of all other existing remedies and the specification of such remedies shall not be deemed to be exclusive. SECTION 14. Notices to Holders — Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States mail, first-class postage prepaid, to 27034960.5 -22- the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Holders. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 15. Cancellation. All Bonds surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly canceled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already canceled, shall be promptly canceled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Bonds previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly canceled by the Paying Agent/Registrar. All canceled Bonds held by the Paying Agent/Registrar shall be destroyed as directed by the City. SECTION 16. Mutilated, Destroyed, Lost, and Stolen Bonds. If (1) any mutilated Bond is surrendered to the Paying Agent/Registrar, or the City and the Paying Agent/Registrar receive evidence to their satisfaction of the destruction, loss, or theft of any Bond, and (2) there is delivered to the City and the Paying Agent/Registrar such security or indemnity as may be required to save each of them harmless, then, in the absence of notice to the City or the Paying Agent/Registrar that such Bond has been acquired by a bona fide purchaser, the City shall execute and, upon its request, the Paying Agent/Registrar shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Bond, a new Bond of the same Stated Maturity and interest rate and of like tenor and principal amount, bearing a number not contemporaneously Outstanding. In case any such mutilated, destroyed, lost, or stolen Bond has become or is about to become due and payable, the City in its discretion may, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond or payment in lieu thereof, under this Section, the City may require payment by the Holder of a sum sufficient to cover any tax or other governmental charge imposed in relation thereto and any other expenses and charges (including attorney's fees and the fees and expenses of the Paying Agent/Registrar) connected therewith. Every new Bond issued pursuant to this Section in lieu of any mutilated, destroyed, lost, or stolen Bond shall constitute a replacement of the prior obligation of the City, whether or not the mutilated, destroyed, lost, or stolen Bond shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Bonds. 27034960.5 -23- The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost, or stolen Bonds. SECTION 17. Sale of Bonds — Authorization of Purchase Contract — Official Statement Approval. The Bonds authorized by this Ordinance are hereby sold to , , as the authorized representative of a group of underwriters (the Purchasers, and having all the rights, benefits, and obligations of a Holder) in accordance with the provisions of a Purchase Contract dated , 2016 (the Purchase Contract) attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes. The Initial Bond shall be registered in the name of . The pricing and terms of the sale of the Bonds are hereby found and determined to be the most advantageous reasonably obtainable by the City. Each Authorized Official is hereby authorized and directed to execute the Purchase Contract for and on behalf of the City and as the act and deed of the City Council, and in regard to the approval and execution of the Purchase Contract, the City Council hereby finds, determines and declares that the representations, warranties, and agreements of the City contained in the Purchase Contract are true and correct in all material respects and shall be honored and performed by the City. Delivery of the Bonds to the Purchasers shall occur as soon as practicable after the adoption of this Ordinance, upon payment therefor in accordance with the terms of the Purchase Contract. Furthermore, the City hereby ratifies, confirms, and approves in all respects (i) the City's prior determination that the Preliminary Official Statement was, as of its date, "deemed final" in accordance with the Rule (hereinafter defined) and (ii) the use and distribution of the Preliminary Official Statement by the Purchasers in connection with the public offering and sale of the Bonds. The final Official Statement, being a modification and amendment of the Preliminary Official Statement to reflect the terms of sale (together with such changes approved by any Authorized Official), shall be and is hereby in all respects approved and the Purchasers are hereby authorized to use and distribute the final Official Statement, dated , 2016, in the reoffering, sale and delivery of the Bonds to the public. The Mayor, Mayor Pro Tem, and/or City Secretary are further authorized and directed to manually execute and deliver for and on behalf of the City copies of the Official Statement in final form as may be required by the Purchasers, and such final Official Statement in the form and content manually executed by said officials shall be deemed to be approved by the City and constitute the Official Statement authorized for distribution and use by the Purchasers. The proper officials of the City are hereby authorized to execute and deliver a certificate pertaining to such Official Statement as prescribed therein, dated as of the date of payment for and delivery of the Bonds. SECTION 18. Escrow Agreement Approval and Execution; Proceeds of Sale; Contribution by City. The Escrow and Trust Agreement, dated as of April 19, 2016, to be effective upon the initial delivery of the Bonds to the Purchasers (the Agreement) between the City and The Bank of New York Mellon Trust Company, N.A., Dallas, Texas (the Escrow Agent), attached hereto as Exhibit C and incorporated herein by reference as a part of this Ordinance for all purposes, is hereby approved as to form and content, and such Agreement in substantially the form and substance attached hereto, together with such changes or revisions as may be necessary to accomplish the refunding or benefit the City, is hereby authorized to be executed by the Mayor, Mayor Pro Tem, and City Secretary and on behalf of the City and as the 27034960.5 -24- act and deed of this City Council; and such Agreement as executed by said officials shall be deemed approved by the City Council and constitute the Agreement herein approved. Furthermore, any Authorized Official, or any combination thereof, and Bond Counsel, in cooperation with the Escrow Agent, are hereby authorized and directed to make the necessary arrangements for the purchase of the Federal Securities referenced in the Agreement and the initial delivery thereof to the Escrow Agent on the day of delivery of the Bonds to the Purchasers for deposit to the credit of the "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT REFUNDING BOND SERIES 2016 ESCROW FUND" (the Escrow Fund), including the execution of the subscription forms for the purchase and issuance of the "United States Treasury Securities - State and Local Government Series", if any, for deposit to the Escrow Fund; all as contemplated and provided by the provisions of the Act, this Ordinance, and the Agreement. Immediately following the delivery of the Bonds, the proceeds of sale along with a cash contribution, if any, from the City (less certain costs of issuance, and accrued interest, if any, received from the Purchasers of the Bonds) shall be deposited with the Escrow Agent for application and disbursement in accordance with the provisions of the Agreement. The proceeds of sale of the Bonds not so deposited with the Escrow Agent for the refunding of the Refunded Obligations shall be disbursed for payment of costs of issuance and deposited with the place of payment (of the Refunded Obligations) in an account in the name of the City and applied for the purposes of providing for the payment of the costs and expenses incurred in connection therewith or deposited in the Bond Fund for the Bonds, all in accordance with written instructions from and Authorized Official. SECTION 19. Redemption of Refunded Obligations. Certain of the Refunded Obligations referenced in the preamble hereof become subject to redemption prior to their stated maturities at the price of par, premium, if any, and accrued interest to the date of redemption. The Mayor shall give written notice to the respective paying agent/registrar for the Refunded Obligations and the Escrow Agent that all of the Refunded Obligations have been called for redemption, and the City Council orders that such obligations are called for redemption on the dates set forth on Schedule I attached to this Ordinance, and such order to redeem the Refunded Obligations on such dates shall be irrevocable upon the delivery of the Bonds. Copies of the notices of redemption pertaining to the Refunded Obligations are attached to this Ordinance as Exhibit D and are incorporated herein by reference for all purposes. The respective paying agent for each series of Refunded Obligations is authorized and instructed to provide notice of these redemptions to the holders of the Refunded Obligations in the form and manner described in the respective ordinances authorizing the issuance of the applicable series of Refunded Obligations. SECTION 20. Covenants to Maintain Tax -Exempt Status. A. Definitions. When used in this Section, the following terms have the following meanings: Code means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. 27034960.5 -25- Computation Date has the meaning set forth in Section 1.148-1(b) of the Regulations. Gross Proceeds means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of the Regulations, of the Bonds. Investment has the meaning set forth in Section 1.148-1(b) of the Regulations. Nonpurpose Investment means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Bonds are invested and which is not acquired to carry out the governmental purposes of the Bonds. Rebate Amount has the meaning set forth in Section 1.148-1(b) of the Regulations. Regulations means any proposed, temporary, or final Income Tax Regulations issued pursuant to sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Bonds. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. Yield of (1) any Investment has the meaning set forth in Section 1.148-5 of the Regulations; and (2) the Bonds has the meaning set forth in Section 1.148-4 of the Regulations. B. Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Bond to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Bond, the City shall comply with each of the specific covenants in this Section. C. No Private Use or Private Payments. Except to the extent that it will not cause the Bonds to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Bonds: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Bonds (including property financed with Gross 27034960.5 -26- Proceeds of the Refunded Obligations), and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Bonds or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds (including property financed with Gross Proceeds of the Refunded Obligations), other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. D. No Private Loan. Except to the extent that it will not cause the Bonds to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take -or - pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. E. Not to Invest at Higher Yield. Except to the extent that it will not cause the Bonds to become "arbitrage bonds" within the meaning of section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment, if as a result of such Investment the Yield on any Investments acquired with Gross Proceeds (or with money replaced thereby), whether then held or previously disposed of, materially exceeds the Yield of the Bonds. F. Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Bonds to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. G. Information Report. The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. H. Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: 27034960.5 -27- (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Bond is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Bonds with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Bonds until six years after the final Computation Date. (3) As additional consideration for the purchase of the Bonds by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States out of the Bond Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Bonds equals (i) in the case of a Final Computation Date as defined in Section 1.148- 3(e)(2) of the Regulations, one hundred percent (100%) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90%) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038-T or such other forms and information as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under section 1.148-3(h) of the Regulations. I. Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Bonds, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection H of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Bonds not been relevant to either party. 27034960.5 -28- J. Bonds Not Hedge Bonds. (1) At the time the original bonds refunded by the Bonds were issued, the City reasonably expected to spend at least 85% of the spendable proceeds of such bonds within three (3) years after such bonds were issued. (2) Not more than 50% of the proceeds of the original bonds refunded by the Bonds were invested in Nonpurpose Investments having a substantially guaranteed Yield for a period of four (4) years or more. K. Qualified Advance Refunding. The Bonds are issued, in part, to refund the Refunded Obligations set forth on Schedule I hereto, and the Bonds will be issued more than 90 days before the redemption of a portion of the Refunded Obligations. The City represents as follows: (1) The Bonds are the "first advance refunding" of any original bonds issued after 1985 and are the "first or second advance refunding" of any original bonds issued before 1986, both within the meaning of section 149(d)(3) of the Code. (2) The Refunded Obligations are being called for redemption, and will be redeemed: (i) in the case of Refunded Obligations issued after 1985, not later than the earliest date on which such bonds may be redeemed and on which the City will realize present value debt service savings (determined without regard to administrative expenses) in connection with the issuance of the Bonds; and (ii) in the case of Refunded Obligations issued before 1986, not later than the earliest date on which such issue may be redeemed at par or at a premium of 3 percent or less and on which the City will realize present value debt service savings (determined without regard to administrative expenses) in connection with the issuance of the Bonds. (3) The initial temporary period under section 148(c) of the Code will end: (i) with respect to the proceeds of the Bonds used to refund the Refunded Obligations not later than 30 days after the date of issue of such Bonds; and (ii) with respect to proceeds of the Refunded Obligations on the Closing Date if not ended prior thereto. (4) On and after the date of issue of the Bonds, no proceeds of the Refunded Obligations will be invested in Nonpurpose Investments having a Yield in excess of the Yield on such Refunded Obligations. (5) The Bonds are being issued for the purposes stated in the preamble of this Ordinance. There is a present value savings associated with the refunding. In the issuance of the Bonds the City has: (i) neither issued more bonds, nor issued bonds earlier, and will not allow bonds to remain outstanding longer, than reasonably necessary to accomplish the governmental purposes for which the Bonds were issued; (ii) not employed an "abusive arbitrage device" within the meaning of Section 1.148-10(a) of the Regulations; and (iii) not employed a "device" to obtain a material financial advantage based on arbitrage, within the meaning of section 149(d)(4) of the Code, apart from savings attributable to lower interest rates. 27034960.5 -29- L. Elections. The City hereby directs and authorizes any Authorized Official, or any combination of them, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Bonds, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. Such elections shall be deemed to be made on the Closing Date. SECTION 21. Control and Custody of Bonds. The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas including the printing and supply of definitive Bonds and shall take and have charge and control of the Initial Bond pending its approval by the Attorney General of the State of Texas, the registration thereof by the Comptroller of Public Accounts of the State of Texas and the delivery thereof to the Purchasers. Furthermore, each Authorized Official, any or all, are hereby authorized and directed to furnish and execute such documents relating to the City and its financial affairs as may be necessary for the issuance of the Bonds, the approval of the Attorney General of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas and, together with the City's Financial Advisors, Bond Counsel, and the Paying Agent/Registrar, to make the necessary arrangements for the delivery of the Initial Bond to the Purchasers and the initial exchange thereof for definitive Bonds. SECTION 22. Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Bonds, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Bonds, or any principal amount(s) thereof, shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Bonds or the principal amount(s) thereof at Stated Maturity or to the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, and/or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have, in the case of a net defeasance, been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any money deposited therewith, if any, to pay when due the principal of and interest on such Bonds, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made) the redemption date thereof. In the event of a gross defeasance of the Bonds, the City shall deliver a certificate from its financial advisor, the Paying Agent/Registrar, or another qualified third party concerning the deposit of cash and/or Government Securities to pay, when due, the principal of, redemption premium (if any), and interest due on any defeased Bonds. The City covenants that no deposit of money or Government Securities will be made under this Section and no use made of any such deposit which would cause the Bonds to be treated as arbitrage bonds within the meaning of section 148 of the Code (as defined in Section 20 hereof). 27034960.5 -30- Any money so deposited with the Paying Agent/Registrar, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Bonds, or any principal amount(s) thereof, or interest thereon with respect to which such money has been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Bonds and remaining unclaimed for a period of three (3) years after the Stated Maturity or applicable redemption date of the Bonds such money was deposited and is held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor, subject to the unclaimed property laws of the State of Texas. Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that any determination not to redeem defeased Bonds that is made in conjunction with the payment arrangements specified in subsection (i) or (ii) above shall not be irrevocable, provided that: (1) in the proceedings providing for such defeasance, the City expressly reserves the right to call the defeased Bonds for redemption; (2) gives notice of the reservation of that right to the owners of the defeased Bonds immediately following the defeasance; (3) directs that notice of the reservation be included in any redemption notices that it authorizes; and (4) at the time of the redemption, satisfies the conditions of (i) or (ii) above with respect to such defeased debt as though it was being defeased at the time of the exercise of the option to redeem the defeased Bonds, after taking the redemption into account in determining the sufficiency of the provisions made for the payment of the defeased Bonds. SECTION 23. Printed Opinion. The Purchasers' obligation to accept delivery of the Bonds is subject to its being furnished a final opinion of Norton Rose Fulbright US LLP, as Bond Counsel, approving the Bonds as to their validity, said opinion to be dated and delivered as of the date of initial delivery and payment for the Bonds. Printing of a true and correct reproduction of said opinions on the reverse side of each of the Bonds, with the appropriate certificate pertaining thereto executed by facsimile signature of the City Secretary of the City, is hereby approved and authorized. SECTION 24. CUSIP Numbers. CUSIP numbers may be printed or typed on the Bonds. It is expressly provided, however, that the presence or absence of CUSIP numbers on the Bonds shall be of no significance or effect as regards the legality thereof, and neither the City nor attorneys approving said Bonds as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the Bonds. SECTION 25. Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 26. Ordinance a Contract — Amendments — Outstanding Bonds. The City acknowledges that the covenants and obligations of the City herein contained are a material inducement to the purchase of the Bonds. This Ordinance shall constitute a contract with the Holders from time to time, be binding on the City and its successors and assigns, and shall not be amended or repealed by the City so long as any Bond remains Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the 27034960.5 -31- Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the written consent of Holders holding a majority in aggregate principal amount of the Bonds then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided; however, that, without the consent of all Holders of Outstanding Bonds, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of, premium, if any, and interest on the Bonds, reduce the principal amount thereof, the redemption price therefor, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, premium, if any, or interest on the Bonds, (2) give any preference to any Bond over any other Bond, or (3) reduce the aggregate principal amount of Bonds required for consent to any such amendment, addition, or rescission. SECTION 27. Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, Bond Counsel, Paying Agent/Registrar, and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, the Paying Agent/Registrar, Bond Counsel, the Purchasers, and the Holders. SECTION 28. Inconsistent Provisions. All ordinances, orders, or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 29. Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 30. Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 31. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 32. Incorporation of Preamble Recitals. The recitals contained in the preamble to this Ordinance are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council. SECTION 33. Authorization of Paying Agent/Registrar Agreement. The City Council of the City hereby finds and determines that it is in the best interest of the City to authorize the execution of a Paying Agent/Registrar Agreement pertaining to the payment, exchange, registration, and transferability of the Bonds. A copy of the Paying Agent/Registrar Agreement 27034960.5 -32- is attached hereto, in substantially final form, as Exhibit A and is incorporated herein by reference as fully as if recopied in its entirety in this Ordinance. SECTION 34. Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 35. Unavailability of Authorized Publication. If, because of the temporary or permanent suspension of any newspaper, journal, or other publication, or, for any reason, publication of notice cannot be made meeting any requirements herein established, any notice required to be published by the provisions of this Ordinance shall be given in such other manner and at such time or times as in the judgment of the City or of the Paying Agent/Registrar shall most effectively approximate such required publication and the giving of such notice in such manner shall for all purposes of this Ordinance be deemed to be in compliance with the requirements for publication thereof. SECTION 36. No Recourse Against City Officials. No recourse shall be had for the payment of principal of, premium, if any, or interest on any Bond or for any claim based thereon or on this Ordinance against any official of the City or any person executing any Bond. SECTION 37. Continuing Disclosure of Information. A. Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: EMMA means the MSRB's Electronic Municipal Market Access system, accessible by the general public, without charge, on the internet through the uniform resource locator (URL) http://www.emma.msrb.org. MSRB means the Municipal Securities Rulemaking Board. Rule means SEC Rule 15c2-12, as amended from time to time. SEC means the United States Securities and Exchange Commission. B. Annual Reports. The City shall file annually with the MSRB, (1) within six months after the end of each fiscal year of the City ending in or after 2016, financial information and operating data with respect to the City of the general type included in the final Official Statement authorized by Section 17 of this Ordinance, being the information described in Exhibit E hereto, and (2) if not provided as part such financial information and operating data, audited financial statements of the City, when and if available. Any financial statements so to be provided shall be (i) prepared in accordance with the accounting principles described in Exhibit E hereto, or such other accounting principles as the City may be required to employ from time to time pursuant to state 27034960.5 -33- law or regulation, and (ii) audited, if the City commissions an audit of such financial statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the City shall file unaudited financial statements within such period and audited financial statements for the applicable fiscal year to the MSRB, when and if the audit report on such financial statements becomes available. Under current Texas law, including, but not limited to, Chapter 103, as amended, Texas Local Government Code, the City must have its records and accounts audited annually and shall have an annual financial statement prepared based on the audit. The annual financial statement, including the auditor's opinion on the statement, shall be filed in the office of the City Secretary within 180 days after the last day of the City's fiscal year. Additionally, upon the filing of this financial statement and the annual audit, these documents are subject to the Texas Open Records Act, as amended, Texas Government Code, Chapter 552. If the City changes its fiscal year, it will file notice of such change (and of the date of the new fiscal year end) with the MSRB prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. C. Notice of Certain Events. The City shall file notice of any of the following events with respect to the Bonds to the MSRB in a timely manner and not more than 10 business days after occurrence of the event: (1) Principal and interest payment delinquencies; (2) Non-payment related defaults, if material; (3) Unscheduled draws on debt service reserves reflecting financial difficulties; (4) Unscheduled draws on credit enhancements reflecting financial difficulties; (5) Substitution of credit or liquidity providers, or their failure to perform; (6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB), or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (7) Modifications to rights of holders of the Bonds, if material; (8) Bond calls, if material, and tender offers; (9) Defeasances; (10) Release, substitution, or sale of property securing repayment of the Bonds, if material; 27034960.5 -34- (11) Rating changes; (12) Bankruptcy, insolvency, receivership, or similar event of the City, which shall occur as described below; (13) The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of its assets, other than in the ordinary course of business, the entry into of a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) Appointment of a successor or additional paying agent/registrar or the change of name of a paying agent/registrar, if material. For these purposes, any event described in the immediately preceding paragraph (12) is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the City in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. The City shall file notice with the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with this Section by the time required by this Section. D. Limitations, Disclaimers, and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the City remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that the City in any event will give notice of any deposit that causes the Bonds to be no longer Outstanding. The provisions of this Section are for the sole benefit of the holders and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. 27034960.5 -35- UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITH OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing its obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. The provisions of this Section may be amended by the City from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the holders and beneficial owners of the Bonds. The City may also repeal or amend the provisions of this Section if the SEC amends or repeals the applicable provisions of the Rule or any court of final jurisdiction enters judgment that such provisions of the Rule are invalid, and the City also may amend the provisions of this Section in its discretion in any other manner or circumstance, but in either case only if and to the extent that the provisions of this sentence would not have prevented an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds, giving effect to (a) such provisions as so amended and (b) any amendments or interpretations of the Rule. If the City so amends the provisions of this Section, the City shall include with any amended financial information or operating data next provided in accordance with this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. E. Information Format — Incorporation by Reference. The City information required under this Section shall be filed with the MSRB through EMMA in such format and accompanied by such identifying information as may be specified from time to time thereby. Under the current rules of the MSRB, continuing disclosure documents submitted to EMMA must be in word -searchable portable document format (PDF) files that permit the document to be saved, viewed, printed, and retransmitted by electronic 27034960.5 -36- means and the series of obligations to which such continuing disclosure documents relate must be identified by CUSIP number or numbers. Financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document) available to the public through EMMA or filed with the SEC. SECTION 38. Book -Entry Only System. The Bonds shall initially be registered so as to participate in a securities depository system (the DTC System) with the Depository Trust Company, New York, New York, or any successor entity thereto (DTC), as set forth herein. Each Stated Maturity of the Bonds shall be issued (following cancellation of the Initial Bond described in Section 7) in the form of a separate single definitive Bond. Upon issuance, the ownership of each such Bond shall be registered in the name of Cede & Co., as the nominee of DTC, and all of the Outstanding Bonds shall be registered in the name of Cede & Co., as the nominee of DTC. The City and the Paying Agent/Registrar are authorized to execute, deliver, and take the actions set forth in such letters to or agreements with DTC as shall be necessary to effectuate the DTC System, including the Letter of Representations attached hereto as Exhibit F (the Representation Letter). With respect to the Bonds registered in the name of Cede & Co., as nominee of DTC, the City and the Paying Agent/Registrar shall have no responsibility or obligation to any broker-dealer, bank, or other financial institution for which DTC holds the Bonds from time to time as securities depository (a Depository Participant) or to any person on behalf of whom such a Depository Participant holds an interest in the Bonds (an Indirect Participant). Without limiting the immediately preceding sentence, the City and the Paying Agent/Registrar shall have no responsibility or obligation with respect to: (i) the accuracy of the records of DTC, Cede & Co., or any Depository Participant with respect to any ownership interest in the Bonds; (ii) the delivery to any Depository Participant or any other person, other than a registered owner of the Bonds, as shown on the Security Register, of any notice with respect to the Bonds, including any notice of redemption; or (iii) the delivery to any Depository Participant or any Indirect Participant or any other Person, other than a Holder of a Bond, of any amount with respect to principal of, premium, if any, or interest on the Bonds. While in the DTC System, no person other than Cede & Co., or any successor thereto, as nominee for DTC, shall receive a bond certificate evidencing the obligation of the City to make payments of principal, premium, if any, and interest pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks or drafts being mailed to the Holder, the word "Cede & Co." in this Ordinance shall refer to such new nominee of DTC. In the event that: (a) the City determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter; (b) the Representation Letter shall be terminated for any reason; or (c) DTC or the City determines that it is in the best interest of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, the City shall notify the Paying Agent/Registrar, the Depository, and DTC Participants of the availability 27034960.5 -37- within a reasonable period of time through DTC of bond certificates, and the Bonds shall no longer be restricted to being registered in the name of Cede & Co., as nominee of DTC. At that time, the City may determine that the Bonds shall be registered in the name of and deposited with a successor depository operating a securities depository system, as may be acceptable to the City, or such depository's agent or designee, and if the City and the Paying Agent/Registrar do not select such alternate securities depository system then the Bonds may be registered in whatever name or names the Holders of Bonds transferring or exchanging the Bonds shall designate, in accordance with the provisions hereof. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the Representation Letter. SECTION 39. City's Consent to Provide Information and Documentation to the Texas MAC. The Municipal Advisory Council of Texas (the Texas MAC), a non-profit membership corporation organized exclusively for non-profit purposes described in section 501(c)(6) of the Internal Revenue Code and which serves as a comprehensive financial information repository regarding municipal debt issuers in Texas, requires provision of written documentation regarding the issuance of municipal debt by the issuers thereof. In support of the purpose of the Texas MAC and in compliance with applicable law, the City hereby consents to and authorizes any Authorized Official, Bond Counsel to the City, and/or Financial Advisor to the City to provide to the Texas MAC information and documentation requested by the Texas MAC relating to the Bonds; provided, however, that no such information and documentation shall be provided prior to the Closing Date. This consent and authorization relates only to information and documentation that is a part of the public record concerning the issuance of the Bonds. SECTION 40. Delegation Authorization Pursuant to HB 1295. Though such parties may be identified, and the entry into a particular contract may be authorized herein, the City Council, pursuant to the Act and other applicable law, hereby delegates to any Authorized Official the authority to independently select the counterparty to any agreement with any paying agent/registrar, escrow agent, verification agent, rating agency, bond insurer, securities depository, or any other contract that is determined by the City Manager, the City's financial advisor, or the City's bond counsel to be necessary or incidental to the issuance of the Bonds as long as each of such contracts has a value of less than the amount referenced in Section 2252.908 of the Texas Government Code (collectively, the Ancillary Bond Contracts) and, as necessary, to execute the Ancillary Bond Contract on behalf and as the act and deed of the City. The City Council has not participated in the selection of any of the business entities which are counterparties to the Ancillary Bond Contracts. SECTION 41. Further Procedures. The officers and employees of the City are hereby authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and under the corporate seal and on behalf of the City all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the initial sale and delivery of the Bonds, the Purchase Contract, the Paying Agent/Registrar Agreement, the Agreement, and the Official Statement. In addition, prior to the initial delivery of the Bonds, 27034960.5 -38- any Authorized Official and Bond Counsel are hereby authorized and directed to approve any technical changes or corrections to this Ordinance or to any of the instruments authorized and approved by this Ordinance necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Ordinance and as described in the Official Statement, (ii) obtain a rating from any of the national bond rating agencies, or (iii) obtain the approval of the Bonds by the Texas Attorney General's office. In case any officer of the City whose signature shall appear on any certificate shall cease to be such officer before the delivery of such certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. SECTION 42. Effective Date. Pursuant to the provisions of Section 1201.028, as amended, Texas Government Code, this Ordinance shall be effective immediately upon adoption, notwithstanding any provision in the City's Home Rule Charter to the contrary concerning a multiple reading requirement for the adoption of ordinances. 27034960.5 [The remainder of this page intentionally left blank.) -39- PASSED, APPROVED AND ADOPTED on the 19th day of April, 2016. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) APPROVED THIS 19th DAY OF APRIL, 2016: Miles Risley, City Attorney 27034960.5 [The remainder of this page intentionally left blank.] S-1 THE STATE OF TEXAS COUNTY OF NUECES I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 19th day of April, 2016, authorizing the issuance of the City's General Improvement Refunding Bonds, of a to be determined series, which ordinance is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the 19th day of April, 2016. (CITY SEAL) 27034960.5 S-2 City Secretary The foregoing ordinance was read for the first time and passed to its second reading on this the 12th day of April, 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza, Jr. Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the 19th day of April, 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza, Jr. Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Michael Hunter PASSED AND APPROVED, this the 19th day of April, 2016. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor 27034960.5 S-3 INDEX TO SCHEDULES AND EXHIBITS Schedule I Refunded Obligations Schedule II Approval Certificate Exhibit A - Paying Agent/Registrar Agreement Exhibit B - Purchase Contract Exhibit C - Escrow Agreement Exhibit D - Notices of Redemption Exhibit E Description of Annual Financial Information Exhibit F DTC Letter of Representations 27034960.5 I-1 SCHEDULE I REFUNDED OBLIGATIONS 27034960.5 Schedule I-1 SCHEDULE II APPROVAL CERTIFICATE See Tab No. 27034960.5 Schedule II -1 27034960.5 EXHIBIT A PAYING AGENT/REGISTRAR AGREEMENT See Tab No. A-1 27034960.5 EXHIBIT B PURCHASE CONTRACT See Tab No. B-1 27034960.5 EXHIBIT C ESCROW AGREEMENT See Tab No. C-1 27034960.5 EXHIBIT D NOTICES OF REDEMPTION See Tab No. D-1 EXHIBIT E DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 37 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: (1) The City's audited financial statements for the most recently concluded fiscal year or to the extent these audited financial statements are not available, the portions of the unaudited financial statements of the City appended to the Official Statement as Appendix C, but for the most recently concluded fiscal year. (2) All quantitative financial information and operating data with respect to the City of the general type included in Appendix A to the Official Statement under the headings "Debt Payable From Taxes", "General Fund Balances", "Ad Valorem Taxes", and "The Tax Increment Financing Act". Accounting Principles The accounting principles referred to in such Section are generally accepted accounting principles for governmental units as prescribed by the Government Accounting Standards Board from time to time. 27034960.5 E-1 27034960.5 EXHIBIT F DTC LETTER OF REPRESENTATIONS See Tab No. F-1 AGENDA MEMORANDUM First Reading for the City Council Meeting of April 12, 2016 Second Reading for the City Council Meeting of April 19, 2016 DATE: TO: Ronald L. Olson, City Manager March 30, 2016 FROM: Stacie Talbert Anaya, Interim Director Staciet@cctexas.com 361-826-3460 Approve sale of parkland CAPTION: Ordinance approving the sale of properties as follows and authorizing the City Manager to execute documents necessary to complete each real estate sales transaction: a) Acushnet Park located at 6746 Aaron to MVR Construction Company and/or assigns in the amount of $655,000. b) Cabra Park located at 1323 W. Broadway to Darla -1, Ltd., and/or assigns in the amount of $24,000. c) Durant Park located at 6113 Durant to MVR Construction Company and/or assigns in the amount or $130,000. d) Parklane Park located at 4600 Arlene to Albert Ayala and/or assigns Roberto Cardenas and/or assigns in the amount of $121,000. e) Peary Park at 1750 Paul Jones Rd to 4625 No. 3, Ltd., a Texas limited partnership and/or assigns in the amount of $36,000. f) Ridgewood Park located at 5730 Malden to Richard O. Serna and/or assigns John Tamez and/or assigns in the amount of $400,003. g) Willow Park located at 11418 Willowood to Martin and Gaby Sada and/or assigns in the amount of $50,000. PURPOSE: To approve the sale of park properties and authorize the city manager to execute documents to finalize real estate sales transactions. BACKGROUND AND FINDINGS: October 2012 - The Parks & Recreation Master Plan is approved by City Council and identified 27 parks to be repurposed by means of adoption, lease, transfer to another government entity, sale or allowing them to return to a natural state. Three (3) of 27 were repurposed and/or adopted shortly after the plan was approved. June/July 2014 - Public hearings were held at City Council to place the remaining 24 parks on the ballot for approval of voters to sell. During this time, seven (7) additional parks were adopted or transferred to another agency for maintenance and removed from list to be considered by voters. Ballot language for Proposition 3 — Sale of City Parkland for the remaining 17 parks was established. September 2014 - City Council passed a resolution mandating the proceeds of sales were to be reinvested in existing parks and established a process for notification to adjacent landowners prior to each sale. In November 2014, voters approved Proposition 3 to authorize the city to list designated park properties for sale. In early 2015, the City elected the vehicle for selling the properties would be to list them with a licensed real estate broker and negotiate the highest cash offer for each property. Three parks (Caribbean, Kosar and Breakwater) were removed from the list because leases or sales with governmental entities are being explored. The Clower Company (TCC) was identified through the request for qualification process to represent the City in the transactions. The properties were listed for sale in a multiple listing service on January 24, 2016. Signs were posted at the parks and TCC made contact with all entities who had expressed interest in the parks since Proposition 3 was approved. In addition, residents within 500 feet of each park were notified by mail that the park was being listed for sale. While there has been interest in each of the properties, the negotiated cash offers have been received for the seven properties presented today. Location maps of each of the parkland properties are attached. By state law, the city may only accept the highest cash offer for each property. By city ordinance, the proceeds from the sale of the parks must be reinvested in the park system according to the 2012 Parks & Recreation Master Plan. Home and property owners within 500 feet of each of the parks being considered for sale today were notified via mail of the agenda item and the opportunity to make public comment. In addition, signs were posted in the park noting the time and date of this city council meeting The properties will be sold "As -Is" and the City not incur the cost of removing any existing equipment or buildings as a condition of sale. Any utilities required for development would be modified/improved at the cost of developer/purchaser. In addition, any zoning changes should be handled by the developer/purchaser on an individual basis. ALTERNATIVES: Do not approve sale of parkland properties. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council must approve real estate transactions. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered/ Expended Amount This item $ $ BALANCE $ $ Fund(s): Comments: none RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Contracts for sale of parkland properties Location Maps for parkland properties Acushnet Park 6746 Aaron St. CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Willow Park 11418 Willowood CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Cabra Park 1323 W. Broadway CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Durant Park 6113 Durant CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Parklane Park 4600 Arlene CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Ridgewood Park 5730 Malden CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Park Location _• Peary Park 1750 Paul Jones Ave. CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Ordinance approving the sale of properties as follows and authorizing the City Manager to execute documents necessary to complete each real estate sales transaction: a) Acushnet Park (6746 Aaron) to MVR Construction Company and/or assigns in amount of $655,000; b) Cabra Park (1323 W. Broadway) to Darla -1, Ltd., and/or assigns in amount of $24,000; c) Durant Park (6113 Durant) to MVR Construction Company and/or assigns in amount of $130,000; d) Parklane Park (4600 Arlene) to Albert Ayala and/or assigns Roberto Cardenas and/or assigns in amount of $121,000; e) Peary Park (1750 Paul Jones Rd) to 4625 No. 3, Ltd., a Texas limited partnership and/or assigns in amount of $36,000; f) (Ridgewood Park (5730 Malden) to Richard O. Serna and/or assigns and/or assigns John Tamez and/or assigns in amount of $400,003; and g) Willow Park (11418 Willowood) to Martin and Gaby Sada and/or assigns in amount of $50,000. Whereas, pursuant to Resolution 030211, Ordinance 030253, and Texas Local Government Code section 253.001, an election was held on November 4, 2014 which authorized sale of certain parklands; Whereas, the City entered into a broker agreement pursuant to Texas Local Government Code section 253.014 and the broker has submitted the highest cash offers received; Whereas, as required in Resolution 030278, at least 10 days prior to the first reading of this ordinance, notice was sent to the property owners within 500 feet of the park land to be sold giving notice of the time, date, and location of the council meeting, contact phone number; and a statement that interested parties may appear; and signage was posted at each park; Whereas, Texas Local Government Code Section 253.001 requires the governing body to adopt an ordinance directing the municipality's mayor or city manager to execute the conveyances; Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The statements made in the recital paragraphs of this ordinance are true and correct and incorporated into this ordinance. SECTION 2. That the following sales of surplus park property are hereby approved: a) Acushnet Park located at 6746 Aaron to MVR Construction Company and/or assigns in the amount of $655,000. b) Cabra Park located at 1323 W. Broadway to Darla -1, Ltd., and/or assigns in the amount of $24,000. c) Durant Park located at 6113 Durant to MVR Construction Company and/or assigns in the amount or $130,000. d) Parklane Park located at 4600 Arlene to Albert Ayala and/or assigns Roberto Cardenas and/or assigns in the amount of $121,000. e) Peary Park at 1750 Paul Jones Rd to 4625 No. 3, Ltd., a Texas limited partnership and/or assigns in the amount of $36,000. f) Ridgewood Park located at 5730 Malden to Richard O. Serna and/or assigns John Tamez and/or assigns in the amount of $400,003. g) Willow Park located at 11418 Willowood to Martin and Gaby Sada and/or assigns in the amount of $50,000. SECTION 3. That the City Manager is authorized to execute any and all documents necessary to complete the real estate sales transactions including but not limited to zoning and plat applications, and all closing documents including special warranty deeds. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor ",, TEXAS ASSOCIATION OF REALTORS' COMMERCIAL CONTRACT - UNIMPROVED PROPERTY USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION QF REALTORS® IS NOT AUTHORIZED. ©Texas Association of REALTORS®, Inc. 2016 1. PARTIES: Seller agrees to sell and convey to Buyer the Property described in Paragraph 2. Buyer agrees to buy the Property from Seller for the sales price stated in Paragraph 3. The parties to this contract are: Seller: City of Corpus Christi, a Texas municipal corporation Address: 1201 Leopard St. Corpus Christi, Texas 78401 Phone: E-mail: Fax: Other: Buyer: MVR Construction Company / - 0 f ).c.56,4%,, J. Address: Phone: 361-877-8243 E mall: mvr.corp@yahoo.com Fax: Other: 2. PROPERTY: A. "Property" means that real property situated in Nueces County, Texas at 6746 Aaron, CC TX Acushnet Park (address) and that is legally described on the attached Exhibit or as follows: A tract of land located at 6746 Aaron known as Acushnet Park being legally described as Country Club Estate 20, Block 1, Lot 1, Corpus Christi, Nueces County, Texas with any and all improvements contained thereon. See Exhibit "A" attached hereto. B. Seller will sell and convey the Property together with: (1) all rights, privileges, and appurtenances pertaining to the Property, including Seller's right, title, and interest in any mincrals, utilitics, adjaccnt ctrccts, allcys, strips, gores, and rights of way; (2) Seller's interest in all leases, rents, and security deposits for all or part of the Property; and (3) Seller's interest in all licenses and permits related to the Property. (Describe any exceptions, reservations, or restrictions in Paragraph 12 or an addendum.) (If mineral rights are to be reserved an appropriate addendum should be attached.) 3. SALES PRICE: A. At or before closing, Buyer will pay the following sales price for the Property: (1) Cash portion payable by Buyer at closing $ (2) Sum of all financing described in Paragraph 4 $ (3) Sales price (sum of 3A(1) and 3A(2)) $ C, «7) (TAR -1802) 1-1-16 Initialed for Identification by Seller , and Buyer Page 1 of 13 Conputer generated using AutoContract 7 ^", from AutoRealty, LLC, 1060 W. Pipefne, Suite 101, Hurst, TX 76053, (800) 322-1178 City of CC - Acushnet - MVR - 022916.axml Primed: 7:00:52 AM 3/6/2016 Commercial Contract - Unimproved Property concerning 6746 Aaron, CC TX Acushnet Park B. Adjustment to Sales Price: (Check (1) or (2) only.) LI (1) The sales price will not be adjusted based on a survey. la (2) The sales price will be adjusted based on the latest survey obtained under Paragraph 6B. (a) The sales price is calculated on the basis of $ per: ❑ (i) square foot of ❑ total area ❑ net area. (ii) acre of 121 total area ❑ net area. (b) "Total area" means all land area within the perimeter boundaries of the Property. "Net area" means total area less any area of the Property within: ❑ (i) public roadways; ❑ (ii) rights-of-way and easements other than those that directly provide utility services to the Property; and ❑ (iii) N/A (c) If the sales price is adjusted by more than N/A% of the stated sales price, either party may terminate this contract by providing written notice to the other party within NIA days after the terminating party receives the survey. If neither party terminates this contract or if the variance is Tess than the stated percentage, the adjustment to the sales price will be made to the cash portion of the sales price payable by Buyer. 4. FINANCING: Buyer will finance the portion of the sales price under Paragraph 3A(2) as follows: A. Third Party Financing: One or more third party loans in the total amount of $ . This contract: ❑ (1) is not contingent upon Buyer obtaining third party financing. ❑ (2) is contingent upon Buyer obtaining third party financing in accordance with the attached Commercial Contract Financing Addendum (TAR -1931). ❑ B. Assumption: In accordance with the attached Commercial Contract Financing Addendum (TAR -1931), Buyer will assume the existing promissory note secured by the Property, which balance at closing will be $ N/A . U C. Seller Financing: The delivery of a promissory note and deed of trust to Seller under the terms of the attached Commercial Contract Financing Addendum (TAR -1931) in the amount of $ N/A. 5. EARNEST MONEY: A. Not later than 3 days after the effective date, Buyer must deposit $ 1,000.00 as earnest money with Stewart Title of C.C. (title company) at 711 N. Caranchua #101, Corpus Christi, TX 78401 (address) Ginny Price (closer). If Buyer fails to timely deposit the earnest money, Seller may terminate this contract or exercise any of Seller's other remedies under Paragraph 15 by providing written notice to Buyer before Buyer deposits the earnest money. B. Buyer will deposit an additional amount of $ 0.00 with the title company to be made part of the earnest money on or before: ❑ (i) N/A days after Buyer's right to terminate under Paragraph 7B expires; or ❑ (ii) N/A Buyer will be in default if Buyer fails to deposit the additional amount required by this Paragraph 5B within 3 days after Seller notifies Buyer that Buyer has not timely deposited the additional amount. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer /11, Page 2 of 13 Computer generated using AutoComract 7 TM, from AutoReatty, LLC, 1060 W. Pipefne, Suite 101, Hurst, TX 76053, (800) 322-1178 City of CC - Acushnet -MVR- 022916.axml Printed: 7:00:52 AM 3/6/2016 Commercial Contract - Unimproved Property concerning 6746 Aaron, CC TX Acushnet Park C. Buyer may instruct the title company to deposit the earnest money in an interest-bearing account at a federally insured financial institution and to credit any interest to Buyer. 6. TITLE POLICY AND SURVEY: A. Title Policy: (1) Seller, at Seller's expense, will furnish Buyer an Owner's Policy of Title Insurance (the title policy) issued by any underwriter of the title company in the amount of the sales price, dated at or after closing, insuring Buyer against loss under the title policy, subject only to: (a) those title exceptions permitted by this contract or as may be approved by Buyer in writing; and (b) the standard printed exceptions contained in the promulgated form of title policy unless this contract provides otherwise. (2) The standard printed exception as to discrepancies, conflicts, or shortages in area and boundary lines, or any encroachments or protrusions, or any overlapping improvements: (a) will not be amended or deleted from the title policy. ❑ (b) will be amended to read "shortages in areas" at the expense of ❑ Buyer ❑ Seller. (3) Within 5 days after the effective date, Seller will furnish Buyer a commitment for title insurance (the commitment) including legible copies of recorded documents evidencing title exceptions. Seller authorizes the title company to deliver the commitment and related documents to Buyer at Buyer's address. B. Survey: Within 15 days after the effective date: (1) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of the survey to Seller. The survey must be made in accordance with the: (1) ALTA/ACSM Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. Seller will reimburse Buyer o.00 (insert amount) of the cost of the survey at closing, if closing occurs. (2) Seller, at Seller's expense, will furnish Buyer a survey of the Property dated after the effective date. The survey must be made in accordance with the: (i) ALTA/ACSM Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. ❑ (3) Seller will deliver to Buyer and the title company a true and correct copy of Seller's most recent survey of the Property along with an affidavit required by the title company for approval of the existing survey. If the existing survey is not acceptable to the title company, Seller, at Seller's expense, will obtain a new or updated survey acceptable to the title company and deliver the acceptable survey to Buyer and the title company within 20 days after Seller receives notice that the existing survey is not acceptable to the title company. The closing date will be extended daily up to 20 days if necessary for Seller to deliver an acceptable survey within the time required. Buyer will reimburse Seller N/A (insert amount) of the cost of the new or updated survey at closing, if closing occurs. C. Buyer's Objections to the Commitment and Survey: (1) Within 15 days after Buyer receives the commitment, copies of the documents evidencing the title exceptions, and any required survey, Buyer may object in writing to matters disclosed in the items if: (a) the matters disclosed are a restriction upon the Property or constitute a defect or encumbrance to title other than those permitted by this contract or liens that Seller will satisfy at closing or Buyer will assume at closing; or (b) the items show that any part of the Property lies in a special flood hazard area (an "A" or "V" zone as defined by FEMA). If Paragraph 6B(1) applies, and Buyer 1/7' ' '! Page 3 of 13 (TAR -1802) 1-1-16 Initialed for Identification by Seller Conputer generated using AutoContract 7 TM, from AutoRealty, LLC, 1060 W. Pipeine, Suite 101, Hurst, TX 76053, (800) 322-1178 City of CC - Acushnet -MVR- 022916.axm Printed: 7:00:52 AM 3/6/2016 Commercial Contract - Unimproved Property concerning 6746 Aaron, CC TX Acushnet Park Buyer is deemed to receive the survey on the earlier of: (i) the date of Buyer's actual receipt of the survey; or (ii) of the deadline specified in Paragraph 6B. (2) Seller may, but is not obligated to, cure Buyer's timely objections within 15 days after Seller receives the objections. The closing date will be extended as necessary to provide such time to cure the objections. If Seller fails to cure the objections by the time required, Buyer may terminate this contract by providing written notice to Seller within 5 days after the time by which Seller must cure the objections. If Buyer terminates, the earnest money, less any independent consideration under Paragraph 7B(1), will be refunded to Buyer. (3) Buyer's failure to timely object or terminate under this Paragraph 6C is a waiver of Buyer's right to object except that Buyer will not waive the requirements in Schedule C of the commitment. 7. PROPERTY CONDITION: A. Present Condition: Buyer accepts the Property in its present condition except that Seller, at Seller's expense, will complete the following before closing: None. Buyer accepts the property in its AS is WHERE IS condition with any and all faults. See Exhibit B. B. Feasibility Period: Buyer may terminate this contract for any reason within 30 days after the effective date (feasibility period) by providing Seller written notice of termination. (Check only one box.) (1) If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer Tess $ 300.00 that Seller will retain as independent consideration for Buyer's unrestricted right to terminate. Buyer has tendered the independent consideration to Seller upon payment of the amount specified in Paragraph 5A to the title company. The independent consideration is to be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Paragraph 7B(1) or if Buyer fails to deposit the earnest money, Buyer will not have the right to terminate under this Paragraph 7B. ❑ (2) Not later than 3 days after the effective date, Buyer must pay Seller $ N/A as independent consideration for Buyer's right to terminate by tendering such amount to Seller or Seller's agent. If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer and Seller will retain the independent consideration. The independent consideration will be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Paragraph 7B(2) or if Buyer fails to pay the independent consideration, Buyer will not have the right to terminate under this Paragraph 7B. C. Inspections, Studies, or Assessments: (1) During the feasibility period, Buyer, at Buyer's expense, may complete or cause to be completed any and all inspections, studies, or assessments of the Property (including all improvements and fixtures) desired by Buyer. (2) Buyer must: (a) employ only trained and qualified inspectors and assessors; (b) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (c) abide by any reasonable entry rules or requirements of Seller; (d) not interfere with existing operations or occupants of the Property; and (e) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer Y - " " Page 4 of 13 Computer generated using AutoContract 7 TM, from AutoRealty, LLC, 1060 W. Pipefne, Suite 101, Hurst, 7R 76053, (800) 322-1178 City of CC -Acushnet-MVR - 022916.axni Printed: 7:00:53 AM 3/6/2016 Commercial Contract - Unimproved Property concerning 6746 Aaron, CC TX Acushnet Park (3) Except for those matters that arise from the negligence of Seller or Seller's agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from Buyer's inspections, studies, or assessments, including any property damage or personal injury. Buyer will indemnify, hold harmless, and defend Seller and Seller's agents against any claim involving a matter for which Buyer is responsible under this paragraph. This paragraph survives termination of this contract. D. Property Information: (1) Delivery of Property Information: Within Buyer: (Check all that apply.) 10 days after the effective date, Seller will deliver to or amondments to tho loaccs; will not pay in full on or before closing; ❑ (c) copies of all previous environmental assossments, geotechnical reports, studies, or analycos made on or relating to thc Property; ❑ (d) copicc property tax ctatcmcnts for thc Property for thc previous 2 calendar yecirs; (e) plats of the Property; ❑ (f) copies of current utility capacity letters from the Property's water and sewer service provider; a4 (g) if any of the above is in Seller's possession or control. (2) Return of Property Information: If this contract terminates for any reason, Buyer will, not later than 10 days after the termination date: (Check all that apply.) ❑ (a) return to Seller all those items described in Paragraph 7D(1) that Seller delivered to Buyer in other than an electronic format and all copies that Buyer made of those items; (b) delete or destroy all electronic versions of those items described in Paragraph 7D(1) that Seller delivered to Buyer or Buyer copied; and (c) deliver copies of all inspection and assessment reports related to the Property that Buyer completed or caused to be completed. This Paragraph 7D(2) survives termination of this contract. E. Contracts Affecting Operations: Until closing, Seller: (1) will operate the Property in the same manner as on the effective date under reasonably prudent business standards; and (2) will not transfer or dispose of any part of the Property, any interest or right in the Property, or any of the personal property or other items described in Paragraph 2B or sold under this contract. After the feasibility period ends, Seller may not enter into, amend, or terminate any other contract that affects the operations of the Property without Buyer's written approval. 8. LEASES: A. Each written lease Seller is to assign to Buyer under this contract must be in full force and effect according to its terms. Seller may not enter into any new lease, fail to comply with any existing lease, or make any amendment or modification to any existing lease without Buyer's written consent. Seller must disclose, in writing, if any of the following exist at the time Seller provides the leases to the Buyer or subsequently occur before closing: (1) any failure by Seller to comply with Seller's obligations under the leases; (2) any circumstances under any lease that entitle the tenant to terminate the lease or seek any offsets or damages; (3) any advance sums paid by a tenant under any lease; (4) any concessions, bonuses, free rents, rebates, brokerage commissions, or other matters that affect any lease; and %/ /� (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer !' " , Page 5 of 13 Computer generated using AutoContract 7 ", from AutoRealty, LLC, 1060 W. Pipefne, Suite 101, Hurst, 1X 76053, (800) 322-1178 City of CC - Acushnet-MVR- 022616.axni Printed: 7:00:53 AM 3162016 Commercial Contract - Unimproved Property concerning 6746 Aaron, CC TX Acushnet Park (5) any amounts payable under the leases that have been assigned or encumbered, except as security for loan(s) assumed or taken subject to under this contract. B. Estoppel Certificates: Within days aftor the effective date, Seller will deliver to Buyer estoppel certificatae signed not earlior than by each tenant that knees space in tho Property. The estoppel certificatoe must include tho certifications contained in the current vorsion additional information at Ioact 10 days prior to the earliest date that Seller may deliver the cignod 9. BROKERS: A. The brokers to this sale are: Principal Broker:The Clower Company Agent: George B. Clower Cooperating Broker: Coldwell Banker Pacesetter Steel Agent:Vahid Nazari c/o April Magnuson Address: P.O. Box 2525 Address:5034 Holly Road Corpus Christi, Texas 78403 Corpus Christi, Texas 78411 Phone & Fax: 361-880-4111 361-880-4118 Phone & Fax:361-877-8243 cell E-mail: gbclower agaol.com E-mail:vehidrn@rnsn.com License No.:428055 Principal Broker: (Check only one box) 321 represents Seller only. ❑ represents Buyer only. ❑ is an intermediary between Seller and Buyer. License No.:04855789 Cooperating Broker represents Buyer. B. Fees: (Check only (1) or (2) below.) (Complete the Agreement Between Brokers on page 13 only if (1) is selected.) la (1) Seller will pay Principal Broker the fee specified by separate written commission agreement between Principal Broker and Seller. Principal Broker will pay Cooperating Broker the fee specified in the Agreement Between Brokers found below the parties' signatures to this contract. ❑ (2) At the closing of this sale, Seller will pay: Principal Broker a total cash fee of: Cooperating Broker a total cash fee of: ❑ % of the sales price. ❑ % of the sales price. ❑ ❑ The cash fees will be paid in Nueces County, Texas. Seller authorizes the title company to pay the brokers from the Seller's proceeds at closing. NOTICE: Chapter 62, Texas Property Code, authorizes a broker to secure an earned commission with a lien against the Property. C. The parties may not amend this Paragraph 9 without the written consent of the brokers affected by the amendment. (TAR -1802) 1-1-16 Initialed for Identification by Seller Computer generated using AutoContract 7 TM, from AutoRealty, LLC, 1060 W Pipafne, Suite 101, Hurst, TX 76053, (800) 322-1178 and Buyer lay'Page 6 of 13 City of CC = Acushnet - MVR - 022916.axrri Printed: 7:00:54 AM 3/6/2016 Commercial Contract - Unimproved Property concerning 6746 Aaron, CC TX Acushnet Park 10. CLOSING: A. The date of the closing of the sale (closing date) will be on or before the later of: (1) fifteen (15) days after the expiration of the feasibility period. ❑ N/A (specific date). U N/A (2) 7 days after objections made under Paragraph 6C have been cured or waived. B. If either party #ails to close by the closing date, the non -defaulting party may exercise the remedies in Paragraph 15. C. At closing, Seller will execute and deliver, at Seller's expense, a ❑ general special warranty deed. The deed must include a vendor's lien if any part of the sales price is financed. The deed must convey good and indefeasible title to the Property and show no exceptions other than those permitted under Paragraph 6 or other provisions of this contract. Seller must convey the Property: (1) with no liens, assessments, or other security interests against the Property which will not be satisfied out of the sales price, unless securing loans Buyer assumes; (2) without any assumed loans in default; and (3) with no persons in possession of any part of the Property as lessees, tenants at sufferance, or trespassers except tenants under the written leases assigned to Buyer under this contract. D. At closing, Seller, at Seller's expense, will also deliver to Buyer: (1) tax statements showing no delinquent taxes on the Property; (2) an assignment of all leases to or on the Property; (3) to the extent assignable, an assignment to Buyer of any licenses and permits related to the Property; (4) evidence that the person executing this contract is legally capable and authorized to bind Seller; (5) an affidavit acceptable to the title company stating that Seller is not a foreign person or, if Seller is a foreign person, a written authorization for the title company to: (i) withhold from Seller's proceeds an amount sufficient to comply applicable tax law; and (ii) deliver the amount to the Internal Revenue Service (IRS) together with appropriate tax forms; and (6) any notices, statements, certificates, affidavits, releases, and other documents required by this contract, the commitment, or law necessary for the closing of the sale and issuance of the title policy, all of which must be completed by Seller as necessary. E. At closing, Buyer will: (1) pay the sales price in good funds acceptable to the title company; (2) deliver evidence that the person executing this contract is legally capable and authorized to bind Buyer; (3) sign and send to each tenant in a lease for any part of the Property a written statement that: (a) acknowledges Buyer has received and is responsible for the tenant's security deposit; and (b) specifies the exact dollar amount of the security deposit; (4) sign an assumption of all leases then in effect; and (5) execute and deliver any notices, statements, certificates, or other documents required by this contract or law necessary to close the sale. F. Unless the parties agree otherwise, the closing documents will be as found in the basic forms in the current edition of the State Bar of Texas Real Estate Forms Manual without any additional clauses. 11. POSSESSION: Seller will deliver possession of the Property to Buyer upon closing and funding of this sale in its present condition with any repairs Seller is obligated to complete under this contract, ordinary wear and tear excepted. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written lease agreement is a landlord -tenant at sufferance relationship between the parties. (TAR -1802) 1-1-16 Initialed for Identification by Seller and BuyerVW,/ 1 Page 7 of 13 Computer generated using AutoContract 7 TM, from AutoRealty, LLC, 1060 W. Pipeine, Suite 101, Hurst, TX 76053, (800) 322-1178 City of CC - Acushnet-MVR- 022916.1mA Printed: 7:00:54 AM 3/6/2016 Commercial Contract - Unimproved Property concerning 6746 Aaron, CC TX Acushnet Park 12. SPECIAL PROVISIONS: The following special provisions apply and will control in the event of a conflict with other provisions of this contract. (If special provisions are contained in an Addendum, identify the Addendum here and reference the Addendum in Paragraph 22D.) See attached Addendum to Commercial Contract attached hereto. 13. SALES EXPENSES: A. Seller's Expenses: Seller will pay for the following at or before closing: (1) releases of existing liens, other than those liens assumed by Buyer, including prepayment penalties and recording fees; (2) release of Seller's loan liability, if applicable; (3) tax statements or certificates; (4) preparation of the deed; (5) one-half of any escrow fee; (6) costs to record any documents to cure title objections that Seller must cure; and (7) other expenses that Seller will pay under other provisions of this contract. B. Buyer's Expenses: Buyer will pay for the following at or before closing: (1) all loan expenses and fees; (2) preparation of any deed of trust; (3) recording fees for the deed and any deed of trust; (4) premiums for flood insurance as may be required by Buyer's lender; (5) one-half of any escrow fee; (6) other expenses that Buyer will pay under other provisions of this contract. 14. PRORATIONS: A. Prorations: (1) Interest on any assumed loan, taxes, rents, and any expense reimbursements from tenants will be prorated through the closing date. (2) If the amount of ad valorem taxes for the year in which the sale closes is not available on the closing date, taxes will be prorated on the basis of taxes assessed in the previous year. If the taxes for the year in which the sale closes vary from the amount prorated at closing, the parties will adjust the prorations when the tax statements for the year in which the sale closes become available. This Paragraph 14A(2) survives closing. (3) If Buyer assumes a loan or is taking the Property subject to an existing lien, Seller will transfer all reserve deposits held by the lender for the payment of taxes, insurance premiums, and other charges to Buyer at closing and Buyer will reimburse such amounts to Seller by an appropriate adjustment at closing. B. Rollback Taxes: If Seller's use or change in use of the Property before closing results in the assessment of additional taxes, penalties, or interest (assessments) for periods before closing, the assessments will be the obligation of the Seller. If this sale or Buyer's use of the Property after closing results in additional assessments for periods before closing, the assessments will be the obligation of Buyer. This Paragraph 14B survives closing. C. Rent and Security Deposits: At closing, Seller will tender to Buyer all security deposits and the following advance payments received by Seller for periods after closing: prepaid expenses, advance rental payments, and other advance payments paid by tenants. Rents prorated to one party but received by the other party will be remitted by the recipient to the party to wh it was prorated within 5 days after the rent is received. This Paragraph 14C survives closing. i (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer , Page 8 of 13 Conputer generated using AutoContrect 7 T"', from AutoRealty, LLC, 1060 W. Pipefne, Suite 101, Hurst, TX 76053, (800) 322-1178 City of CC-Acushnet-MVR- 022916.axni Printed: 7:00:54 AM 3/6/2016 Commercial Contract - Unimproved Property concerning 6746 Aaron, CC TX Acushnet Park 15. DEFAULT: A. If Buyer fails to comply with this contract, Buyer is in default and Seller, as Seller's sole remedy(ies), may terminate this contract and receive the earnest money, as liquidated damages for Buyer's failure except for any damages resulting from Buyer's inspections, studies or assessments in accordance with Paragraph 7C(3) which Seller may pursue, or (Check if applicable) ❑ enforce specific performance, or seek such other relief as may be provided by law. B. If, without fault, Seller is unable within the time allowed to deliver the estoppel certificates, survey or the commitment, Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; or (2) extend the time for performance up to 15 days and the closing will be extended as necessary. C. Except as provided in Paragraph 15B, if Seller fails to comply with this contract, Seller is in default and Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; (2) enforce specific performance, or seek such other relief as may be provided by law, or both. 16. CONDEMNATION: If before closing, condemnation proceedings are commenced against any part of the Property, Buyer may: A. terminate this contract by providing written notice to Seller within 15 days after Buyer is advised of the condemnation proceedings and the earnest money, less any independent consideration paid under Paragraph 7B(1), will be refunded to Buyer; or B. appear and defend in the condemnation proceedings and any award will, at Buyer's election, belong to: (1) Seller and the sales price will be reduced by the same amount; or (2) Buyer and the sales price will not be reduced. 17. ATTORNEY'S FEES: If Buyer, Seller, any broker, or the title company is a prevailing party in any legal proceeding brought under or with relation to this contract or this transaction, such party is entitled to recover from the non -prevailing parties all costs of such proceeding and reasonable attorney's fees. This Paragraph 17 survives termination of this contract. 18. ESCROW: A. At closing, the earnest money will be applied first to any cash down payment, then to Buyer's closing costs, and any excess will be refunded to Buyer. If no closing occurs, the title company may require payment of unpaid expenses incurred on behalf of the parties and a written release of liability of the title company from all parties. B. If one party makes written demand for the earnest money, the title company will give notice of the demand by providing to the other party a copy of the demand. If the title company does not receive written objection to the demand from the other party within 15 days after the date the title company sent the demand to the other party, the title company may disburse the earnest money to the party making demand, reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money and the title company may pay the same to the creditors. C. The title company will deduct any independent consideration under Paragraph 7B(1) before disbursing any earnest money to Buyer and will pay the independent consideration to Seller. D. If the title company complies with this Paragraph 18, each party hereby relea s the title company from all claims related to the disbursal of the earnest money. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer , Page 9 of 13 Computer generated using AutoContract 7 ^., from AutoRealty, LLC, 1060 W. Pipeine, Slate 101, Hurst, TX 76053, (800) 322-1178 City of CC - Acushnet - MVR- 022916.axm Printed: 7:00:55 AM 3/62016 Commercial Contract - Unimproved Property concerning 6746 Aaron, CC TX Acushnet Park E. Notices under this Paragraph 18 must be sent by certified mail, return receipt requested. Notices to the title company are effective upon receipt by the title company. F. Any party who wrongfully fails or refuses to sign a release acceptable to the title company within 7 days after receipt of the request will be liable to the other party for: (1) damages; (ii) the earnest money; (iii) reasonable attorney's fees; and (iv) all costs of suit. G. ❑ Seller ❑ Buyer intend(s) to complete this transaction as a part of an exchange of like -kind properties in accordance with Section 1031 of the Internal Revenue Code, as amended. All expenses in connection with the contemplated exchange will be paid by the exchanging party. The other party will not incur any expense or liability with respect to the exchange. The parties agree to cooperate fully and in good faith to arrange and consummate the exchange so as to comply to the maximum extent feasible with the provisions of Section 1031 of the Internal Revenue Code. The other provisions of this contract will not be affected in the event the contemplated exchange fails to occur. U A. Seller is not aware of any material defects to the Property except as stated in the attached Commercial Property Condition Statement (TAR 1108). any subsurface: structures, pits, waste, springs, or improvcmcnts; any pcnding or threatened litigatioe, condemnation, or assessment affecting thc Property; any environmental hazards or conditions that materially affect the Proporty; whcthcr thc Property is or has bccn used for thc storage or disposal of hazardous materials or whether radon, asbestos containing materials, urea formaldehyde foam insulation, Icaad baccd paint, toxic mold (to thc extent that it advcrccly affects the health of ordinary occupants), or other pollutants or contaminants of any nature now exist or cvcr existed on thc Property; any wetlands, as defined by federal or state law or regulation, on thc Property; any present or past infestation of wood destroying insects in the Property's improvements; any contemplated material changes to thc Property or surrounding arca that would materially and detrimentally affcct the ordinary uco of tho Proporty; 20. NOTICES: All notices between the parties under this contract must be in writing and are effective when hand -delivered, mailed by certified mail return receipt requested, or sent by facsimile transmission to the parties addresses or facsimile numbers stated in Paragraph 1. The parties will send copies of any notices to the broker representing the party to whom the notices are sent. ❑ A. Seller also consents to receive any notices by e-mail at Seller's e-mail address stated in Paragraph 1. U B. Buyer also consents to receive any notices by e-mail at Buyer's e-mail address stated in Paragraph 1. 21. DISPUTE RESOLUTION: The parties agree to negotiate in good faith in an effort to resolve any dispute related to this contract that may arise. If the dispute cannot be resolved by negotiation, the parties will submit the dispute to mediation before resorting to arbitration or litigation and will equally share the costs of a mutually acceptable mediator. This paragraph survives termination of this contract. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction. 22. AGREEMENT OF THE PARTIES: A. This contract is binding on the parties, their heirs, executors, represent tives, successors, and permitted assigns. This contract is to be construed in accordance with the lies of the State of Texas. (TAR -1802) 1-1-16 Initialed for Identification by Seller , and Buyer Page 10 of 13 Computer generated using AutoContmct 7 TM, from AutoReatty, LLC, 1060 W. Pipeine, Suite 101, Burst, D( 76053, (800) 322-1178 City of CC-Acushnet - MVR- 022916.eeo Printed: 7:00:55 AM 3/6/2016 Commercial Contract - Unimproved Property concerning 6746 Aaron, CC TX Acushnet Park If any term or condition of this contract shall be held to be invalid or unenforceable, the remainder of this contract shall not be affected thereby. B. This contract contains the entire agreement of the parties and may not be changed except in writing. C. If this contract is executed in a number of identical counterparts, each counterpart is an original and all counterparts, collectively, constitute one agreement. D. Addenda which are part of this contract are: (Check all that apply.) (1) Property Description Exhibit identified in Paragraph 2; CI ❑ (3) ❑ el) ❑ (5) ❑ (6) (8) Information About Brokerage Services (TAR -2501); and (9) See Attached Addendum to Contract and Exhibit B. 1 • Commercial Property Condition Statement (TAR 1408); Commercial Contract Addendum for Special Provisions (TAR 1910); Notice to Purchaser of Real Property in a Water District (MUD); Addendum for Coaetal Aroa Property (TAR 1915); (Note: Counsel for the Texas Association of REALTORS® (TAR) has determined that any of the foregoing addenda which are promulgated by the Texas Real Estate Commission (TREC) or published by TAR are appropriate for use with this form.) E. Buyer F may U may not assign this contract. If Buyer assigns this contract, Buyer will be relieved of any future liability under this contract only if the assignee assumes, in writing, all obligations and liability of Buyer under this contract. 23. TIME: Time is of the essence in this contract. The parties require strict compliance with the times for performance. If the last day to perform under a provision of this contract falls on a Saturday, Sunday, or legal holiday, the time for performance is extended until the end of the next day which is not a Saturday, Sunday, or legal holiday. 24. EFFECTIVE DATE: The effective date of this contract for the purpose of performance of all obligations is the date the title company receipts this contract after all parties execute this contract. 25. ADDITIONAL NOTICES: A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a title policy. B. If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fees of the district before final execution of this contract. C. Notice Required by §13.257, Water Code: "The real property, described below, that you are about to purchase may be located in a certificated water or sewer service area, which is authorized by law to provide water or sewer service to the properties in the certificated area. If your property is located in a certificated area there may be special costs or charges that you will be required to pay before you can receive water or sewer service. There may be a period required to construct lines or other facilities necessary to provide water or sewer service to your property. You are advised to determine if the property is in a certificated area and contact the utility service provider to determine the cost that you will be required to pay and the period, if any, that is required to provide water or sewer service to your property. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or before the execution of a binding contract for the purchase of the real property descr'sed in the notice or at closing of purchase of the real property." The real property is described in P. •graph 2 of this contract. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer Page 11 of 13 Conputer generated using AutoContract 7 TM, from AutoRealty, LLC, 1060 W. Pipetne, Suite 101, Hurst, TX 76053, (800) 322-1178 City of CC-Acushnet-MVR- 022916.axnl Printed: 7:00:56 AM 3/6/2016 Commercial Contract - Unimproved Property concerning 6746 Aaron, CC TX Acushnet Park D. If the Property adjoins or shares a common boundary with the tidally influenced submerged lands of the state, §33.135 of the Texas Natural Resources Code requires a notice regarding coastal area property to be included as part of this contract. E. If the Property is located seaward of the Gulf Intracoastal Waterway, §61.025, Texas Natural Resources Code, requires a notice regarding the seaward location of the Property to be included as part of this contract. F. If the Property is located outside the limits of a municipality, the Property may now or later be included in the extra -territorial jurisdiction (ETJ) of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and ETJ. To determine if the Property is located within a municipality's ETJ, Buyer should contact all municipalities located in the general proximity of the Property for further information. G. Brokers are not qualified to perform property inspections, surveys, engineering studies, environmental assessments, or inspections to determine compliance with zoning, governmental regulations, or laws. Buyer should seek experts to perform such services. Buyer should review local building codes, ordinances and other applicable laws to determine their effect on the Property. Selection of experts, inspectors, and repairmen is the responsibility of Buyer and not the brokers. Brokers are not qualified to determine the credit worthiness of the parties. H. NOTICE OF WATER LEVEL FLUCTUATIONS: If the Property adjoins an impoundment of water, including a reservoir or lake, constructed and maintained under Chapter 11, Water Code, that has a storage capacity of at least 5,000 acre-feet at the impoundment's normal operating level, Seller hereby notifies Buyer: "The water level of the impoundment of water adjoining the Property fluctuates for various reasons, including as a result of: (1) an entity lawfully exercising its right to use the water stored in the impoundment; or (2) drought or flood conditions." 26. CONTRACT AS OFFER: The execution of this contract by the first party constitutes an offer to buy or sell the Property. Unless the other party accepts the offer by 5:00 p.m., in the time zone in which the Property is located, on , the offer will lapse and become null and void. READ THIS CONTRACT CAREFULLY. The brokers and agents make no representation or recommendation as to the legal sufficiency, legal effect, or tax consequences of this document or transaction. CONSULT your attorney BEFORE signing. Seller: City of Corpus Christi, a Texas municipal Buyer: MVR Construction Company corporation kdtck.,3ft IN By: By: By (signature): By (signature): '' ``Gv�---.t,,\------....--.... Printed Name: Printed Name: V ', A k.t —2-eiI' Title: Title: ,0 : [ ( c-* I" By: By: By (signature): By (signature): Printed Name: Printed Name: Title: Title: (TAR -1802) 1-1-16 Page 12 of 13 Computer generated using AutoContract 7 TM, from AutoRealty, LLC, 1060 W. Pipefrie, Suite 101, Hurst, 7X 76053, (800) 322-1178 City of CC - Acushnet - MVR - 022916.axn t Printed: 7:00:56 AM 3/6/2016 Commercial Contract - Unimproved Property concerning AGREEMENT BETWEEN BROKERS (use only if Paragraph 9B(1) is effective) Principal Broker agrees to pay Coldwell Banker Pacesetter Steel (Cooperating Broker) a fee when the Principal Broker's fee is received. The fee to be paid to Cooperating Broker will be: ❑ $N/A ,or 2.25 % of the sales price, or ❑ N/A % of the Principal Broker's fee. The title company is authorized and directed to pay Cooperating Broker from Principal Broker's fee at closing. This Agreement Between Brokers supersedes any prior offers and agreements for compensation between brokers. Principal Broker: The Clower Companyclo George B. Clower Cooperating Broker: April Magnuson c/o Vahid Nazari By: By: ATTORNEYS Seller's attorney: Address: Phone & Fax: E-mail: Seller's attorney requests copies of documents, notices, and other information: ❑ the title company sends to Seller. ❑ Buyer sends to Seller. Buyer's attorney: Address: Phone & Fax: E-mail: Buyer's attorney requests copies of documents, notices, and other information: ❑ the title company sends to Buyer. ❑ Seller sends to Buyer. ESCROW RECEIPT The title company acknowledges receipt of: ❑ A. the contract on this day (effective date); ❑ B. earnest money in the amount of $ 1,000.00 in the form of on Title company: Stewart Title of C.C. By: Assigned file number (GF#): Address: 711 N. Caranchua #101, Corpus Christi, TX 78401 Phone & Fax: E-mail: (TAR -1802) 1-1-16 Computer generated using AutoContract 7 TM, from AutoReatty, LLC, 1060 W. Piipeine, Suite 101, Hurst, TX 76053, (800) 322-1178 Page 13 of 13 City of CC - Acushnet - MVR - 022916.axm Printed: 7:00:56 AM 3162016 ADDENDUM to UNIMPROVED COMMERCIAL CONTRACT - UNIMPROVED PROPERTY between THE CITY OF CORPUS CHRISTI ("SELLER") and MVR CONSTRUCTION COMPANY ("BUYER") 1. This contract is contingent upon final approval from the Corpus Christi City Council. 2. Buyer acknowledges that the subject property is being sold in its AS IS WHERE IS condition with any and all faults per the addendum attached hereto as Exhibit B. 3. Buyer, at Buyer's sole expense, shall be responsible for any and all platting and/or zoning application fees and any associated expenses related to platting or rezoning the said property. 4. If due to factors beyond Seller's control, the commitment and/or the exception documents are not delivered within the time required, either party may terminate this contract and the earnest money be refunded to Buyer, as its sole remedy. 5. Buyer, at Buyer's sole expense during the Feasibility Period will verify with the City of Corpus Christi — Development Services that Buyer's intended use is permitted in the current zoning district of the said property. 6. In regards to Paragraph 17 — ATTORNEY FEES: the last sentence shall be modified to read as followed: "This Paragraph 17 survives termination of this contract, however, the Seller shall not be liable for any such attorney's fees." 7. Buyer is a licensed realtor with the State of Texas. Seller's Initial's , Buyer's Initial's EXHIBIT A Acushnet Park — 6746 Acushnet Dr. Corpus Christi, Texas 1 1 1 J . 1 • 1 1 1 1 „ 4 A C(Jc/ INF T • t• (I) ••• ." 7 . _ _ 5t7...15 '03 R E. P L 1cr49/44 WALNUT HILLS DR. ••••41 .• 01 JJ 10 11 ti2e.g D. 251 9 8 ‚7 -r_ /6 = 15 V4 fr. 13 • ,37 6 38 5 Country Club Estate 20, Block 1, Lot 1, Corpus Christi, Nueces County, Texas THE CLOWER CO. Realtors Commercial & Industrial Brokerage Ir P.O. Box 2525 Corpus Christi, Texas 78403-2525 lima (351)880-4111 office EXHIBIT "B" "AS -IS" PURCHASE (A) BUYER ACKNOWLEDGES AND AGREES THAT BUYER IS PURCHASING THE PROPERTY "AS -IS" "WHERE -IS" AND "WITH ALL FAULTS" WITHOUT ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES, EITHER EXPRESSED OR IMPLIED, OF ANY KIND, NATURE, OR TYPE WHATSOEVER FROM, OR ON BEHALF OF, SELLER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BUYER ACKNOWLEDGES AND AGREES THAT SELLER HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL IMPLIED WARRANTIES CONCERNING THE CONDITION OF THE PROPERTY AND ANY PORTIONS THEREOF, INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL CONDITIONS, PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS, AND ALSO THE IMPLII.D WARRANTIES OF HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. (B) BUYER ACKNOWLEDGES AND AGREES THAT BUYER HAS NOT RELIED, AND WILL NOT RELY, UPON ANY REPRESENTATIONS OR WARRANTIES (ORAL OR WRITTEN) MADE BY OR PURPORTEDLY MADE ON BEHALF OF SELLER, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE EXPRESSLY SET FORTH IN THIS AGREEMENT. (C) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, BUYER AGREES THAT NO REPRESENTATION BY OR ON BEHALF OF SELLER OR THE SELLER'S AGENTS HAVE BEEN MADE TO BUYER AS TO THE CONDITION OF THE PROPERTY, ANY RESTRICTIONS RELATED TO THE DEVELOPMENT OF THE PROPERTY, THE APPLICABILITY OF OR COMPLIANCE WITH ANY GOVERNMENTAL REQUIREMENTS, INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL LAWS, OR THE SUITABILITY OF THE PROPERTY FOR ANY PURPOSE WHATSOEVER. Seller's Initial's , Buyer's Initial's 4 TEXAS ASSOCIATION OF REALTORS' COMMERCIAL CONTRACT - UNIMPROVED PROPERTY USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS® IS NOT AUTHORIZED. ©Texas Association of REALTORS®, Inc. 2016 1. PARTIES: Seller agrees to sell and convey to Buyer the Property described in Paragraph 2. Buyer agrees to buy the Property from Seller for the sales price stated in Paragraph 3. The parties to this contract are: Seller: City of Corpus Christi, a Texas municipal corporation Address: 1201 Leopard St. Corpus Christi, Texas 78401 Phone: E-mail: Fax: Other: Buyer: Darla -1, Ltd., and/or its assigns Address: 615 S. Upper Broadway Phone: 361-884-8857 E-mail: bill@durrillproperty.com Fax: Other: 2. PROPERTY: A. "Property" means that real property situated in Nueces County, Texas at 1323 W. Broadway, CC TX Cabra Park (address) and that is legally described on the attached Exhibit or as follows: A tract of land located at 1323 W. Broadway known as Cabra Park being legally described as Parker Lots 4, 5, & 6, Block 1A, Corpus Christi, Nueces County, Texas with any and all improvements contained thereon. See Exhibit "A" attached hereto. B. Seller will sell and convey the Property together with: (1) all rights, privileges, and appurtenances pertaining to the Property, including Seller's right, title, and interest +cr-any+Riaefele; utilities, adjaeef# stfeete aNcys, stf s; of and-figq of -way; (2) Seller's interest in all leases, rents, and security deposits for all or part of the Property; and (3) Seller's interest in all licenses and permits related to the Property. (Describe any exceptions, reservations, or restrictions in Paragraph 12 or an addendum.) (If mineral rights are to be reserved an appropriate addendum should be attached.) 3. SALES PRICE: A. At or before closing, Buyer will pay the following sales price for the Property: (1) Cash portion payable by Buyer at closing (2) Sum of all financing described in Paragraph 4 (3) Sales price (sum of 3A(1) and 3A(2)) (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer 24,000.00 0.00 24,000.00 Page 1 of 13 Computer generated using /WtoContract 7 ' , from PutoRealty, LLC. 1060 W. Pipeline. Suite 101, Hurst, TX 76053, (800) 322-1178 City of CC - Cabra - Dada -1 - 022916.axn1 Printed: 8:31:19 PM 3/1/2016 Commercial Contract - Unimproved Property concerning 1323W. Broadway, CC TX Cabra Park B. Adjustment to Sales Price: (Check (1) or (2) only.) (1) The sales price will not be adjusted based on a survey. ❑ (2) The sales price will be adjusted based on the latest survey obtained under Paragraph 6B. (a) The sales price is calculated on the basis of $ N/ Aper: ❑ (i) square foot of 0 total area ❑ net area. ❑ (ii) acre of ❑ total area ❑ net area. (b) "Total area" means all land area within the perimeter boundaries of the Property. "Net area" means total area less any area of the Property within: ❑ (i) public roadways; 0 (ii) rights-of-way and easements other than those that directly provide utility services to the Property; and ❑ (iii) N/A (c) If the sales price is adjusted by more than N/A% of the stated sales price, either party may terminate this contract by providing written notice to the other party within N/A days after the terminating party receives the survey. If neither party terminates this contract or if the variance is less than the stated percentage, the adjustment to the sales price will be made to the cash portion of the sales price payable by Buyer. 4. FINANCING: Buyer will finance the portion of the sales price under Paragraph 3A(2) as follows: ka A. Third Party Financing: One or more third party loans in the total amount of $ . This contract: ❑ (1) is not contingent upon Buyer obtaining third party financing. ❑ (2) is contingent upon Buyer obtaining third party financing in accordance with the attached Commercial Contract Financing Addendum (TAR -1931). ❑ B. Assumption: In accordance with the attached Commercial Contract Financing Addendum (TAR -1931), Buyer will assume the existing promissory note secured by the Property, which balance at closing will be $ N/A. ❑ C. Seller Financing: The delivery of a promissory note and deed of trust to Seller under the terms of the attached Commercial Contract Financing Addendum (TAR -1931) in the amount of $ N/A. 5. EARNEST MONEY: A. Not later than 3 days after the effective date, Buyer must deposit $ 500.00 as earnest money with First Title Company of Corpus Christi (title company) at 5402 Holly Road #2202, Corpus Christi, Texas 78401 (address) Betty Vickers (closer). If Buyer fails to timely deposit the earnest money, Seller may terminate this contract or exercise any of Seller's other remedies under Paragraph 15 by providing written notice to Buyer before Buyer deposits the earnest money. B. Buyer will deposit an additional amount of $ o.00 with the title company to be made part of the earnest money on or before: 0 (i) N/A days after Buyer's right to terminate under Paragraph 7B expires; or ❑ (ii) N/A Buyer will be in default if Buyer fails to deposit the additional amount required by this Paragraph 5B within 3 days after Seller notifies Buyer that Buyer has not timely deposited the additional amount. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer ‘4>4 Page 2 of 13 Corryuter generated using/WtoContract 7 T", from N toRealty, LLC, 1060 W. Pipeline, Suite 101, Hurst, TX 76053, (800) 322-1178 City of CC - Cabra - Darla -1 - 022916.axni Printed: 8:31:19 PM 3/12016 Commercial Contract - Unimproved Property concerning 1323 W. Broadway, CC TX Cabra Park C. Buyer may instruct the title company to deposit the earnest money in an interest-bearing account at a federally insured financial institution and to credit any interest to Buyer. 6. TITLE POLICY AND SURVEY: A. Title Policy: (1) Seller, at Seller's expense, will furnish Buyer an Owner's Policy of Title Insurance (the title policy) issued by any underwriter of the title company in the amount of the sales price, dated at or after closing, insuring Buyer against loss under the title policy, subject only to: (a) those title exceptions permitted by this contract or as may be approved by Buyer in writing; and (b) the standard printed exceptions contained in the promulgated form of title policy unless this contract provides otherwise. (2) The standard printed exception as to discrepancies, conflicts, or shortages in area and boundary lines, or any encroachments or protrusions, or any overlapping improvements: (a) will not be amended or deleted from the title policy. ❑ (b) will be amended to read "shortages in areas" at the expense of ❑ Buyer ❑ Seller. (3) Within 5 days after the effective date, Seller will furnish Buyer a commitment for title insurance (the commitment) including legible copies of recorded documents evidencing title exceptions. Seller authorizes the title company to deliver the commitment and related documents to Buyer at Buyer's address. 319 B. Survey: Within days after the effective date: (1) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of the survey to Seller. The survey must be made in accordance with the: (i) ALTA/ACSM Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. Seller will reimburse Buyer 0.00 (insert amount) of the cost of the survey at closing, if closing occurs. ❑ (2) Seller, at Seller's expense, will furnish Buyer a survey of the Property dated after the effective date. The survey must be made in accordance with the: (i) ALTA/ACSM Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. ❑ (3) Seller will deliver to Buyer and the title company a true and correct copy of Seller's most recent survey of the Property along with an affidavit required by the title company for approval of the existing survey. If the existing survey is not acceptable to the title company, Seller, at Seller's expense, will obtain a new or updated survey acceptable to the title company and deliver the acceptable survey to Buyer and the title company within 20 days after Seller receives notice that the existing survey is not acceptable to the title company. The closing date will be extended daily up to 20 days if necessary for Seller to deliver an acceptable survey within the time required. Buyer will reimburse Seller NSA (insert amount) of the cost of the new or updated survey at closing, if closing occurs. C. Buyer's Objections to the Commitment and Survey: (1) Within 15 days after Buyer receives the commitment, copies of the documents evidencing the title exceptions, and any required survey, Buyer may object in writing to matters disclosed in the items if: (a) the matters disclosed are a restriction upon the Property or constitute a defect or encumbrance to title other than those permitted by this contract or liens that Seller will satisfy at closing or Buyer will assume at closing; or (b) the items show that any part of the Property lies in a special flood hazard area (an "A" or "V" zone as defined by FEMA). If Paragraph 6B(1) applies, (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer V / , Page 3 of 13 Computer generated usingi utoContract 7 •", from i utoRealty, LLC, 1060 W. Pipeline, Suite 101, Mast, TX 76053, (800) 322-1178 City of CC - Cabra - Darla -1 - 022916.axrt1 Printed: 8:31:20 PM 3/1/2016 Commercial Contract - Unimproved Property concerning 1323 W. Broadway, CC TX Cabra Park Buyer is deemed to receive the survey on the earlier of: (i) the date of Buyer's actual receipt of the survey; or (ii) of the deadline specified in Paragraph 6B. (2) Seller may, but is not obligated to, cure Buyer's timely objections within 15 days after Seller receives the objections. The closing date will be extended as necessary to provide such time to cure the objections. If Seller fails to cure the objections by the time required, Buyer may terminate this contract by providing written notice to Seller within 5 days after the time by which Seller must cure the objections. If Buyer terminates, the earnest money, less any independent consideration under Paragraph 7B(1), will be refunded to Buyer. Buyer's failure to timely object or terminate under this Paragraph 6C is a waiver of Buyer's right to object except that Buyer will not waive the requirements in Schedule C of the commitment. (3) 7. PROPERTY CONDITION: A. Present Condition: Buyer accepts the Property in its present condition except that Seller, at Seller's expense, will complete the following before closing: None. Buyer accepts the EroEerty in its AS Is WHERE Is condition with arix and all faults. See Exhibit B. B. Feasibility Period: Buyer may terminate this contract for any reason within 30 days after the effective date (feasibility period) by providing Seller written notice of termination. (Check only one box.) (1) If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer less $ 100.00 that Seller will retain as independent consideration for Buyer's unrestricted right to terminate. Buyer has tendered the independent consideration to Seller upon payment of the amount specified in Paragraph 5A to the title company. The independent consideration is to be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Paragraph 7611) or if Buyer fails to deposit the earnest money, Buyer will not have the right to terminate under this Paragraph 7B. ❑ (2) Not later than 3 days after the effective date, Buyer must pay Seller $ N/A as independent consideration for Buyer's right to terminate by tendering such amount to Seller or Seller's agent. If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer and Seller will retain the independent consideration. The independent consideration will be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Paragraph 71312) or if Buyer fails to pay the independent consideration, Buyer will not have the right to terminate under this Paragraph 7B. C. Inspections, Studies, or Assessments: (1) During the feasibility period, Buyer, at Buyer's expense, may complete or cause to be completed any and all inspections, studies, or assessments of the Property (including all improvements and fixtures) desired by Buyer. (2) Buyer must: (a) employ only trained and qualified inspectors and assessors; (b) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (c) abide by any reasonable entry rules or requirements of Seller; (d) not interfere with existing operations or occupants of the Property; and (e) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer Page 4 of 13 Conputer generated using 4 toContract 7 "', from AutoRealty, LLC, 1060 W. Pipeline, Suite 101, Hurst, TX 76053, (800) 322-1178 City of CC - Cabra - Dada -1 - 022916.ax,, Printed: 8:3120 PM 3/12016 Commercial Contract - Unimproved Property concerning 1323 W. Broadway, CC TX C atra Park (3) Except for those matters that arise from the negligence of Seller or Seller's agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from Buyer's inspections, studies, or assessments, including any property damage or personal injury. Buyer will indemnify, hold harmless, and defend Seller and Seller's agents against any claim involving a matter for which Buyer is responsible under this paragraph. This paragraph survives termination of this contract. D. Property Information: (1) Deliverer of Property Information: Within 10 days after the effective date, Seller will deliver to Buyer: (Check all that apply.) • (a)-se{aiss of all su re of leases-pertai 4 -4h roperty, +psl i• -any-cao4i#isationgrsuppJe ►eats, sK amon4cFleats xa#hs leases; • (-b}-copies-oi all aete& an4doodc of frust agaias# fhaPrepecty that-13iiye.F assume er-that-Seller is44l pet -pay in -4111 on -of defer -e sleoilaw • (a} s onvireauaentol-accocemoafsrgeeleohaioa4opocts,-slwdiesT 4F -analyses Rade- sr-refafi #e the PPrepe#ty; • (d) eepieaiarepe#ty fax-sfafefneafs-#e #baa°l e #e h rcvious 2-ealeIdar yews; • (e) plats of the Property; • (f)--eepies of sera:eAt--utility-capacity-le#fer-s-#9f44 #las l ef}'s-wafer--and-sewer--sefvise-previder; and • (g) if any of the above is in Seller's possession or control. (2) Return of Property Information: If this contract terminates for any reason, Buyer will, not later than 10 days after the termination date: (Check all that apply.) O (a) return to Seller all those items described in Paragraph 7D(1) that Seller delivered to Buyer in other than an electronic format and all copies that Buyer made of those items; • (b) delete or destroy all electronic versions of those items described in Paragraph 7D(1) that Seller delivered to Buyer or Buyer copied; and • (c) deliver copies of all inspection and assessment reports related to the Property that Buyer completed or caused to be completed. This Paragraph 7D(2) survives termination of this contract. E. Contracts Affecting Operations: Until closing, Seller: (1) will operate the Property in the same manner as on the effective date under reasonably prudent business standards; and (2) will not transfer or dispose of any part of the Property, any interest or right in the Property, or any of the personal property or other items described in Paragraph 2B or sold under this contract. After the feasibility period ends, Seller may not enter into, amend, or terminate any other contract that affects the operations of the Property without Buyer's written approval. 8. LEASES: A. Each written lease Seller is to assign to Buyer under this contract must be in full force and effect according to its terms. Seller may not enter into any new lease, fail to comply with any existing lease, or make any amendment or modification to any existing lease without Buyer's written consent. Seller must disclose, in writing, if any of the following exist at the time Seller provides the leases to the Buyer or subsequently occur before closing: (1) any failure by Seller to comply with Seller's obligations under the leases; (2) any circumstances under any lease that entitle the tenant to terminate the lease or seek any offsets or damages; (3) any advance sums paid by a tenant under any lease; (4) any concessions, bonuses, free rents, rebates, brokerage commissions, or other matters that affect any lease; and (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer ' Page 5 of 13 Computer generated using AutoContract 7 *", from AutoRealty, LLC, 1060 W. Pipeline, Suite 101, Hirst. TX 76053, (800) 322-1178 City of CC - Cabra - Dada -1 - 022916.axr, Printed: 8:31:21 PM 3/1/2016 Commercial Contract - Unimproved Property concerning 1323 W. Broadway, CC TX Cab ra k (5) any amounts payable under the leases that have been assigned or encumbered, except as security for loan(s) assumed or taken subject to under this contract. .B. €stefel Sertificates: IAAtla4R days afttlaa effestivadate;.elle iacill deli tee estepgei Certificates sigiaedeet-eaKlie than lay sash tenant that-leases_spase ira tlaa 42Fepe# . Tlaa estoppel Ger ifiGales-e}t sl-4Relede-the-set4iflea sas-se#ai •+ra-#tae surge#-sAe sine ef-TAR Fede 4033 ee}aaereial--1epel-Geftifiea an -aay addifiefral-+afee:eafieR-eegaested by a- 4h4r4-pady-le adeF providing-#iaaReiag-def RaFag Fatah -4-4-44a 41a4Fella 4'-leFiderr-egttests-eHeh additie l 44:144r-FRafien a4-4easf 48 -days iar * #e #tae-earliest-date-that-€eller-eaay-delive #laa-sisaed esteepel-se4i44sates. 9. BROKERS: A. The brokers to this sale are: Pri nci paBroker:The Clower Company Agent:George B. Clower Address: P.O. Box 2525 Cooperating Broker: N/A Agent: N/A Address: N/A Corpus Christi ,Texas 78403 N/A Phone & Fax:361-880-4111 361-880-4118 Phone & Fax: N/A E-mail:gbclower@aol.com E-mail: N/A License No.:428055 License No.: N/A Principal Broker: (Check only one box) Cooperating Broker represents Buyer. represents Seller only. 0 represents Buyer only. 0 is an intermediary between Seller and Buyer. B. Fees: (Check only (1) or (2) below.) (Complete the Agreement Between Brokers on page 13 only if (1) is selected.) 0 (1) Seller will pay Principal Broker the fee specified by separate written commission agreement between Principal Broker and Seller. Principal Broker will pay Cooperating Broker the fee specified in the Agreement Between Brokers found below the parties' signatures to this contract. (2) At the closing of this sale, Seller will pay: Principal Broker a total cash fee of: Cooperating Broker a total cash fee of: 4.5 % of the sales price. 0 % of the sales price. The cash fees will be paid in _ _ Nueces County, Texas. Seller authorizes the title company to pay the brokers from the Seller's proceeds at closing. NOTICE: Chapter 62, Texas Property Code, authorizes a broker to secure an earned commission with a lien against the Property. C. The parties may not amend this Paragraph 9 without the written consent of the brokers affected by the amendment. (TAR -1802)1-1-16 Initialed for Identification by Seller and Buyer Vf Page 6of13 Computer generated using AutoContract 7 "', from AutoRealty, LLC, 1060 W. Pipeline, Suite 101, Hurst, TX 76053, (800) 322-1178 City of CC- Ca bra - Darla -1 - 022916.axn Printed: 8:31:21 PM 3/1/2016 Commercial Contract - Unimproved Property concerning 1323 W. Broadway, CC TX Cabra Park 10. CLOSING: A. The date of the closing of the sale (closing date) will be on or before the later of: (1) ❑ N/A days after the expiration of the feasibility period. ❑ N/A_ _ (specific date). 30 days after confirmation of survey (2) 7 days after objections made under Paragraph 6C have been cured or waived. B. If either party tails to close by the closing date, the non -defaulting party may exercise the remedies in Paragraph 15. C. At closing, Seller will execute and deliver, at Seller's expense, a ❑ general 1P,i special warranty deed. The deed must include a vendor's lien if any part of the sales price is financed. The deed must convey good and indefeasible title to the Property and show no exceptions other than those permitted under Paragraph 6 or other provisions of this contract. Seller must convey the Property: (1) with no liens, assessments, or other security interests against the Property which will not be satisfied out of the sales price, unless securing loans Buyer assumes; (2) without any assumed loans in default; and (3) with no persons in possession of any part of the Property as lessees, tenants at sufferance, or trespassers except tenants under the written leases assigned to Buyer under this contract. D. At closing, Seller, at Seller's expense, will also deliver to Buyer: (1) tax statements showing no delinquent taxes on the Property; (2) an assignment of all leases to or on the Property; (3) to the extent assignable, an assignment to Buyer of any licenses and permits related to the Property; (4) evidence that the person executing this contract is legally capable and authorized to bind Seller; (5) an affidavit acceptable to the title company stating that Seller is not a foreign person or, if Seller is a foreign person, a written authorization for the title company to: (i) withhold from Seller's proceeds an amount sufficient to comply applicable tax law; and (ii) deliver the amount to the Internal Revenue Service (IRS) together with appropriate tax forms; and (6) any notices, statements, certificates, affidavits, releases, and other documents required by this contract, the commitment, or law necessary for the closing of the sale and issuance of the title policy, all of which must be completed by Seller as necessary. E. At closing, Buyer will: (1) pay the sales price in good funds acceptable to the title company; (2) deliver evidence that the person executing this contract is legally capable and authorized to bind Buyer; (3) sign and send to each tenant in a lease for any part of the Property a written statement that: (a) acknowledges Buyer has received and is responsible for the tenant's security deposit; and (b) specifies the exact dollar amount of the security deposit; (4) sign an assumption of all leases then in effect; and (5) execute and deliver any notices, statements, certificates, or other documents required by this contract or law necessary to close the sale. F. Unless the parties agree otherwise, the closing documents will be as found in the basic forms in the current edition of the State Bar of Texas Real Estate Forms Manual without any additional clauses. 11. POSSESSION: Seller will deliver possession of the Property to Buyer upon closing and funding of this sale in its present condition with any repairs Seller is obligated to complete under this contract, ordinary wear and tear excepted. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written lease agreement is a landlord -tenant at sufferance relationship between the parties. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer Page 7of13 Conputer generated using AutoContract 7 ^', from Auto Realty, LLC, 1060 W. Pipefne, Suite 101, Burst, TX 76053, (800) 322-1178 City of CC - Cabra - Dada -1 - 022916.axml Printed: 8:31:21 PM 3/12016 Commercial Contract - Unimproved Property concerning 1323 W. Broadway, CC TX Cabra Park 12. SPECIAL PROVISIONS: The following special provisions apply and will control in the event of a conflict with other provisions of this contract. (If special provisions are contained in an Addendum, identify the Addendum here and reference the Addendum in Paragraph 22D.) See attached Addendum to Commercial Contract attached hereto. 13. SALES EXPENSES: A. Seller's Expenses: Seller will pay for the following at or before closing: (1) releases of existing liens, other than those liens assumed by Buyer, including prepayment penalties and recording fees; (2) release of Seller's loan liability, if applicable; (3) tax statements or certificates; (4) preparation of the deed; (5) one-half of any escrow fee; (6) costs to record any documents to cure title objections that Seller must cure; and (7) other expenses that Seller will pay under other provisions of this contract. B. Buyer's Expenses: Buyer will pay for the following at or before closing: (1) all loan expenses and fees; (2) preparation of any deed of trust; (3) recording fees for the deed and any deed of trust; (4) premiums for flood insurance as may be required by Buyer's lender; (5) one-half of any escrow fee; (6) other expenses that Buyer will pay under other provisions of this contract. 14. PRORATIONS: A. Prorations: (1) Interest on any assumed loan, taxes, rents, and any expense reimbursements from tenants will be prorated through the closing date. (2) If the amount of ad valorem taxes for the year in which the sale closes is not available on the closing date, taxes will be prorated on the basis of taxes assessed in the previous year. If the taxes for the year in which the sale closes vary from the amount prorated at closing, the parties will adjust the prorations when the tax statements for the year in which the sale closes become available. This Paragraph 14A(2) survives closing. (3) If Buyer assumes a loan or is taking the Property subject to an existing lien, Seller will transfer all reserve deposits held by the lender for the payment of taxes, insurance premiums, and other charges to Buyer at closing and Buyer will reimburse such amounts to Seller by an appropriate adjustment at closing. B. Rollback Taxes: If Seller's use or change in use of the Property before closing results in the assessment of additional taxes, penalties, or interest (assessments) for periods before closing, the assessments will be the obligation of the Seller. If this sale or Buyer's use of the Property after closing results in additional assessments for periods before closing, the assessments will be the obligation of Buyer. This Paragraph 14B survives closing. C. Rent and Security Deposits: At closing, Seller will tender to Buyer all security deposits and the following advance payments received by Seller for periods after closing: prepaid expenses, advance rental payments, and other advance payments paid by tenants. Rents prorated to one party but received by the other party will be remitted by the recipient to the party whom it was prorated within 5 days after the rent is received. This Paragraph 14C survives closing. (TAR -1802) 1-1-16 Initialed for Identification by Seller , and Buyer Page 8 of 13 Computer generated using AutoContract 7"',from AutoRealty,LLC, 1060 W.Pipeline, Suite 101, Hurst, TX 76053, (800) 322-1178 City of CC - Ca bra -Dada -1- 022916.amer Printed: 8:31:22 PM 3/12016 Commercial Contract - Unimproved Property concerning 1323 W. Broadway, CC TX Cabra Park 15. DEFAULT: A. If Buyer fails to comply with this contract, Buyer is in default and Seller, as Seller's sole remedy(ies), may terminate this contract and receive the earnest money, as liquidated damages for Buyer's failure except for any damages resulting from Buyer's inspections, studies or assessments in accordance with Paragraph 7C(3) which Seller may pursue, or (Check if applicable) ❑ enforce specific performance, or seek such other relief as may be provided by law. B. If, without fault, Seller is unable within the time allowed to deliver the estoppel certificates, survey or the commitment, Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; or (2) extend the time for performance up to 15 days and the closing will be extended as necessary. C. Except as provided in Paragraph 15B, if Seller fails to comply with this contract, Seller is in default and Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; eF- (2}9 4QrG9-&peGi#i4 pe4o4ParIGAt 84 60444616h a sec--r$ke# as Jap-ouicied-b 4aw, ar J 16. CONDEMNATION: If before closing, condemnation proceedings are commenced against any part of the Property, Buyer may: A. terminate this contract by providing written notice to Seller within 15 days after Buyer is advised of the condemnation proceedings and the earnest money, less any independent consideration paid under Paragraph 7B(1), will be refunded to Buyer; or B. appear and defend in the condemnation proceedings and any award will, at Buyer's election, belong to: (1) Seller and the sales price will be reduced by the same amount; or (2) Buyer and the sales price will not be reduced. 17. ATTORNEY'S FEES: If Buyer, Seller, any broker, or the title company is a prevailing party in any legal proceeding brought under or with relation to this contract or this transaction, such party is entitled to recover from the non -prevailing parties all costs of such proceeding and reasonable attorney's fees. This Paragraph 17 survives termination of this contract. 18. ESCROW: A. At closing, the earnest money will be applied first to any cash down payment, then to Buyer's closing costs, and any excess will be refunded to Buyer. If no closing occurs, the title company may require payment of unpaid expenses incurred on behalf of the parties and a written release of liability of the title company from all parties. B. If one party makes written demand for the earnest money, the title company will give notice of the demand by providing to the other party a copy of the demand. If the title company does not receive written objection to the demand from the other party within 15 days after the date the title company sent the demand to the other party, the title company may disburse the earnest money to the party making demand, reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money and the title company may pay the same to the creditors. C. The title company will deduct any independent consideration under Paragraph 7B(1) before disbursing any earnest money to Buyer and will pay the independent consideration to Seller. D. If the title company complies with this Paragraph 18, each party hereby releases the title company from all claims related to the disbursal of the earnest money. 1 \ (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer Page 9 of 13 Corryuter generated using P.utoContract 7 *" from P.utoRealty, LLC, 1060 W. Pipeline, Suite 101, Hurst, TX 76053, (800) 322-1178 City of CC - Cabra - Darla -1 - 022916.axn1 Printed: 8:31:22 PM 311/2016 Commercial Contract - Unimproved Property concerning 1323 W. Broadway, CC TX Cabra Park E. Notices under this Paragraph 18 must be sent by certified mail, return receipt requested. Notices to the title company are effective upon receipt by the title company. F. Any party who wrongfully fails or refuses to sign a release acceptable to the title company within 7 days after receipt of the request will be liable to the other party for: (i) damages; (ii) the earnest money; (iii) reasonable attorney's fees; and (iv) all costs of suit. G. ❑ Seller ❑ Buyer intend(s) to complete this transaction as a part of an exchange of like -kind properties in accordance with Section 1031 of the Internal Revenue Code, as amended. All expenses in connection with the contemplated exchange will be paid by the exchanging party. The other party will not incur any expense or liability with respect to the exchange. The parties agree to cooperate fully and in good faith to arrange and consummate the exchange so as to comply to the maximum extent feasible with the provisions of Section 1031 of the Internal Revenue Code. The other provisions of this contract will not be affected in the event the contemplated exchange fails to occur. #9.ER FAG-T&I`T-e-the best etCcHeF's-knewiedgeand is,elie€i• { eek-efly enetoax.� ❑ A, Seller -is -reef aware of -any -material detests to Thagropecty-exceptas stated in Taattached-Comm44eial P- epe4y Qe+nd+tieR Statement (TAR 4448). ❑ B Exeepl as etlaerwise-previded+ra•#his-contract, Se +s fael aware e€: (4) any cul3surfeee: s#acturcc, e waste; springs, eF+aa eve rts; (-2) fending-er#br-ealcncd +i#igalieR, ee+aderaa+aaEien eF-aocccc attesting the lar-eper ; (3) any er irenmera+al-hazards-er een ditionc 4halrcnafeiiall -affeet The. Preper# ; (4)—wEietherthe lareper4y is erhas-beeFF 4er#tae-sterage eF dispesal e€-haardeas faferiels-or #e iswaste; adv+ +q-ei+e•es:an-y-+ railer-gretPd-#ankseK-sentaicnecs; (8) wbe#laer-roden, acbcctos eentainiRg erialertrcea-#erFtaaldehyde-#sate- feei4alieR, lead-based paiotr txis mold (to the extent that-it-advcrccly attests -44e health -e erdinary eseupants)-er ether pollutant, er sent Rants -e -any+ tr<fe-+w eidst or ever: existed era -{he 42fepe ly (8) any -wetlands, as -defined lay -federal erctatc law-erregttlal:ier er}#bel-repel; (-7-) ata #laceatenede, endangered-spocioc eF thoic-haleital en#lae--,epefly (8) any, present eF past ira#estation-e#-weed-destreyin9-ivi #k►e 42Fepec# 's it +pFevefnents; (4) any-eeratereplated-material-ehanges the-PFeperly ereafFet railing arca that wettld-aerially, and de tally a#eet-#lae-erd+nary use a€the-12Fepe4yj (44) an se+ad+tie+a-eta-#h epe4y-Th ielates an u-e-ordinaraee. (Deseribc aiy-exeeptiona e -H f 49}-ifrPar-agfagt4 4.2 &Fan adefefteluffq 20. NOTICES: All notices between the parties under this contract must be in writing and are effective when hand -delivered, mailed by certified mail return receipt requested, or sent by facsimile transmission to the parties addresses or facsimile numbers stated in Paragraph 1. The parties will send copies of any notices to the broker representing the party to whom the notices are sent. ❑ A. Seller also consents to receive any notices by e-mail at Seller's e-mail address stated in Paragraph 1. ❑ B. Buyer also consents to receive any notices by e-mail at Buyer's e-mail address stated in Paragraph 1. 21. DISPUTE RESOLUTION: The parties agree to negotiate in good faith in an effort to resolve any dispute related to this contract that may arise. If the dispute cannot be resolved by negotiation, the parties will submit the dispute to mediation before resorting to arbitration or litigation and will equally share the costs of a mutually acceptable mediator. This paragraph survives termination of this contract. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction. 22. AGREEMENT OF THE PARTIES: A. This contract is binding on the parties, their heirs, executors, representatives, successors, and permitted assigns. This contract is to be construed in accordance with the laws of the State of Texas. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer Page 10 of 13 Conputer generated using AutoContract 7 "', from AutoRealty, LLC. 1060 W. Pipeline, Suite 101, Hurst, TX 76053, (800) 322-1178 City of CC - Cabra - Dada -1 - 022916.axml Printed: 8:31:23 PM 3/1/2016 Commercial Contract - Unimproved Property concerning 1323 W. Broadway, CC TX Cabra Park If any term or condition of this contract shall be held to be invalid or unenforceable, the remainder of this contract shall not be affected thereby. B. This contract contains the entire agreement of the parties and may not be changed except in writing. C. If this contract is executed in a number of identical counterparts, each counterpart is an original and all counterparts, collectively, constitute one agreement. D. Addenda which are part of this contract are: (Check all that apply.) )2f (1) Property Description Exhibit identified in Paragraph 2; ❑ (.2 6e.+morcia16entr-ash PRanei ►g Ad8e n (TAR 45843; ❑ (-33 Geffiniefelal Proper y Gerndd+ltert Statement (TAR 1408); ❑ (44 CrefficcoFeial6entractAddends +#ePevi6ie4=16{T-A144548); ❑ (-53 Netise 4e ..mases: of Reel 42FejeePty ft; a W ator--8is#isf-(MUD). ❑ (4) Ad4424a8u #eP6eactal Asses e4y (TAR 4-9-16); ❑ (-73 Adde444u + fePP-FejeePty hesafed Seawai d of 414o •C s4 Intracoastal Waterway (TAR 4-9463; • (8) Information About Brokerage Services (TAR -2501); and • (9) See Attached Addendum to Contract and Exhibit B. (Note: Counsel for the Texas Association of REALTORS® (TAR) has determined that any of the foregoing addenda which are promulgated by the Texas Real Estate Commission (TREC) or published by TAR are appropriate for use with this form.) E. Buyer may ❑ may not assign this contract. If Buyer assigns this contract, Buyer will be relieved of any future liability under this contract only if the assignee assumes, in writing, all obligations and liability of Buyer under this contract. 23. TIME: Time is of the essence in this contract. The parties require strict compliance with the times for performance. If the last day to perform under a provision of this contract falls on a Saturday, Sunday, or legal holiday, the time for performance is extended until the end of the next day which is not a Saturday, Sunday, or legal holiday. 24. EFFECTIVE DATE: The effective date of this contract for the purpose of performance of all obligations is the date the title company receipts this contract after all parties execute this contract. 25. ADDITIONAL NOTICES: A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a title policy. B. If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fees of the district before final execution of this contract. C. Notice Required by §13.257, Water Code: "The real property, described below, that you are about to purchase may be located in a certificated water or sewer service area, which is authorized by law to provide water or sewer service to the properties in the certificated area. If your property is located in a certificated area there may be special costs or charges that you will be required to pay before you can receive water or sewer service. There may be a period required to construct lines or other facilities necessary to provide water or sewer service to your property. You are advised to determine if the property is in a certificated area and contact the utility service provider to determine the cost that you will be required to pay and the period, if any, that is required to provide water or sewer service to your property. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or before the execution of a binding contract for the purchase of the real property described in the notice or at closing of purchase of the real property." The real property is described in Paragraph 2 of this contract. and Buyer °'' Page 11 of 13 (TAR -1802) 1-1-16 Initialed for Identification by Seller_ Conputer generated using AutoContract 7 "', from Auto Realty, LLC, 1060 W. Pipeli ne,Suite 101, Hurst, TX 76053, (800) 322-1178 City of CC- Cabra - Darla -1 - 022916.axml Printed: 8:31:23 PM 3/1/2016 Commercial Contract - Unimproved Property concerning 1 3Z W. Broadway, CC TX Cabra Park D. If the Property adjoins or shares a common boundary with the tidally influenced submerged lands of the state, §33.135 of the Texas Natural Resources Code requires a notice regarding coastal area property to be included as part of this contract. E. If the Property is located seaward of the Gulf Intracoastal Waterway, §61.025, Texas Natural Resources Code, requires a notice regarding the seaward location of the Property to be included as part of this contract. F. If the Property is located outside the limits of a municipality, the Property may now or later be included in the extra -territorial jurisdiction (ETJ) of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and ETJ. To determine if the Property is located within a municipality's ETJ, Buyer should contact all municipalities located in the general proximity of the Property for further information. G. Brokers are not qualified to perform property inspections, surveys, engineering studies, environmental assessments, or inspections to determine compliance with zoning, governmental regulations, or laws. Buyer should seek experts to perform such services. Buyer should review local building codes, ordinances and other applicable laws to determine their effect on the Property. Selection of experts, inspectors, and repairmen is the responsibility of Buyer and not the brokers. Brokers are not qualified to determine the credit worthiness of the parties. H. NOTICE OF WATER LEVEL FLUCTUATIONS: If the Property adjoins an impoundment of water, including a reservoir or lake, constructed and maintained under Chapter 11, Water Code, that has a storage capacity of at least 5,000 acre-feet at the impoundment's normal operating level, Seller hereby notifies Buyer: "The water level of the impoundment of water adjoining the Property fluctuates for various reasons, including as a result of: (1) an entity lawfully exercising its right to use the water stored in the impoundment; or (2) drought or flood conditions." 26. CONTRACT AS OFFER: The execution of this contract by the first party constitutes an offer to buy or sell the Property. Unless the other party accepts the offer by 5:00 p.m., in the time zone in which the Property is located, on , the offer will lapse and become null and void. READ THIS CONTRACT CAREFULLY. The brokers and agents make no representation or recommendation as to the legal sufficiency, legal effect, or tax consequences of this document or transaction. CONSULT your attorney BEFORE signing. Seller: City of Corpus Christi, a Texas municipal corporation Buyer: Darla -1, Ltd., and/or its assigns By: By: MGWM, LLC., its General Partner By (signature): Printed Name: Title: By (signature): Printed Name: Michelle Gourle Title: Managing Partner By: By: By (signature): By (signature): Printed Name: Printed Name: Title: Title: (TAR -1802) 1-1-16 Page 12 of 13 Computer generated using AutoConlracl 7 "', from AutoReally, LLC, 1060 W. Pipeline. Suite 101, Hurst, TX 76053, (800) 322-1178 City of CC - Cabra - Dada -1 - 022916.axn1 Printed: 8:31:23 PM 3f1/2016 Commercial Contract - Unimproved Property concerning AGREEMENT BETWEEN BROKERS (use only if Paragraph 9B(1) is effective) Principal Broker agrees to pay (Cooperating Broker) a fee when the Principal Broker's fee is received. The fee to be paid to Cooperating Broker will be: ❑ $N/A , or _% of the sales price, or ❑ N/A % of the Principal Broker's fee. The title company is authorized and directed to pay Cooperating Broker from Principal Broker's fee at closing. This Agreement Between Brokers supersedes any prior offers and agreements for compensation between brokers. Principal Broker:, By: Cooperating Broker: _ By: Seller's attorney: ATTORNEYS Buyer's attorney: Address: Phone & Fax: E-mail: Seller's attorney requests copies of documents, notices, and other information: ❑ the title company sends to Seller. ❑ Buyer sends to Seller. Address: Phone & Fax: E-mail: Buyer's attorney requests copies of documents, notices, and other information: ❑ the title company sends to Buyer. ❑ Seller sends to Buyer. ESCROW RECEIPT The title company acknowledges receipt of: ❑ A. the contract on this day ❑ B. earnest money in the amount of $ 500.00 in the form of Title company: First Title Company of Corpus Christi By: Assigned file number (GF#): (effective date); on Address: 5402 Holly Road #2202, Corpus Christi, Texas 78401 Phone & Fax: E-mail: (TAR -1802) 1-1-16 Computer generated using AutoContract 7 T. horn AutoReatty, LLC. 1060 W. Pipeine, Suite 101, Hurst, TX 76053, (800) 322-1178 Page 13 of 13 City o! CC - Cabra - Dada -1 - 022916.acni Printed: 8:31:24 PM 31112016 ADDENDUM to UNIMPROVED COMMERCIAL CONTRACT - UNIMPROVED PROPERTY between THE CITY OF CORPUS CHRISTI ("SELLER") and DARLA-1, LTD., and/or its ASSIGNS ("BUYER") 1. This contract is contingent upon final approval from the Corpus Christi City Council. 2. Buyer acknowledges that the subject property is being sold in its AS IS WHERE IS condition with any and all faults per the addendum attached hereto as Exhibit B. 3. Buyer, at Buyer's sole expense, shall be responsible for any and all platting and/or zoning application fees and any associated expenses related to platting or rezoning the said property. 4. If due to factors beyond Seller's control, the commitment and/or the exception documents are not delivered within the time required, either party may terminate this contract and the earnest money be refunded to Buyer, as its sole remedy. 5. Buyer, at Buyer's sole expense during the Feasibility Period will verify with the City of Corpus Christi — Development Services that Buyer's intended use is permitted in the current zoning district of the said property. 6. In regards to Paragraph 17 — ATTORNEY FEES: the last sentence shall be modified to read as followed: "This Paragraph 17 survives termination of this contract, however, the Seller shall not be liable for any such attorney's fees." Seller's Initial's . Buyer's Initial's EXHIBIT "B" "AS -IS" PURCHASE (A) BUYER ACKNOWLEDGES AND AGREES THAT BUYER IS PURCHASING THE PROPERTY "AS -IS" "WHERE -IS" AND "WITH ALL FAULTS" WITHOUT ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES, EITHER EXPRESSED OR IMPLIED, OF ANY KIND, NATURE, OR TYPE WHATSOEVER FROM, OR ON BEHALF OF, SELLER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BUYER ACKNOWLEDGES AND AGREES THAT SELLER HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL IMPLIED WARRANTIES CONCERNING THE CONDITION OF THE PROPERTY AND ANY PORTIONS THEREOF, INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL CONDITIONS, PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS, AND ALSO THE IMPLIED WARRANTIES OF HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. (B) BUYER ACKNOWLEDGES AND AGREES THAT BUYER HAS NOT RELIED, AND WILL NOT RELY, UPON ANY REPRESENTATIONS OR WARRANTIES (ORAL OR WRITTEN) MADE BY OR PURPORTEDLY MADE ON BEHALF OF SELLER, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE EXPRESSLY SET FORTH IN THIS AGREEMENT. (C) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, BUYER AGREES THAT NO REPRESENTATION BY OR ON BEHALF OF SELLER OR THE SELLER'S AGENTS HAVE BEEN MADE TO BUYER AS TO THE CONDITION OF THE PROPERTY, ANY RESTRICTIONS RELATED TO THE DEVELOPMENT OF THE PROPERTY, THE APPLICABILITY OF OR COMPLIANCE WITH ANY GOVERNMENTAL REQUIREMENTS, INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL LAWS, OR THE SUITABILITY OF THE PROPERTY FOR ANY PURPOSE WHATSOEVER. Seller's Initial's , Buyer's Initial's EXHIBIT A Cabra Park — 1323 W. Broadway Corpus Christi, Texas Parker Lots 4, 5, & 6, Block 1A, Corpus Christi, Nueces County, Texas THE CLOWER CO. Realtors Commercial & Industrial Brokerage P.O. Box 2525 Corpus Christi, Texas 78403-2525 (361)880-4111 office O 404, TEXAS ASSOCIATION OF REALTORS' COMMERCIAL CONTRACT - UNIMPROVED PROPERTY USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS® IS NOT AUTHORIZED. CSTexas Association of REALTORS®, Inc. 2016 1. PARTIES: Seller agrees to sell and convey to Buyer the Property described in Paragraph 2. Buyer agrees to buy the Property from Seller for the sales price stated in Paragraph 3. The parties to this contract are: Seller: City of Corpus Christi, a Texas municipal corporation Address: 1201 Leopard St. Phone: E-mail: Fax: Other: Corpus Christi, Texas 78401 Buyer: MVR Construction Company k Address: Phone: 361-877-8243 E-mail: mvr.corp@yahoo.com Fax: Other: 2. PROPERTY: A. "Property" means that real property situated in Nueces County, Texas at 6113 Durant Cir., CC TX Durant Park (address) and that is legally described on the attached Exhibit "A" or as follows: A tract of land located at 6113 Durnat Circle known as Durant Park being legally described as Blanche Moore Subdivision, Lot 2, 2.70 acres, Corpus Christi, Nueces County, Texas with any and all improvements contained thereon. See Exhibit "A" attached hereto. B. Seller will sell and convey the Property together with: (1) all rights, privileges, and appurtenances pertaining to the Property, including Seller's right, title, and interest in any mincrals, utilitics, adjaccnt 3trccts, allcys, strips, gores, and rights of way; (2) Seller's interest in all leases, rents, and security deposits for all or part of the Property; and (3) Seller's interest in all licenses and permits related to the Property. (Describe any exceptions, reservations, or restrictions in Paragraph 12 or an addendum.) (If mineral rights are to be reserved an appropriate addendum should be attached.) 3. SALES PRICE: A. At or before closing, Buyer will pay the following sales price for the Property: (1) Cash portion payable by Buyer at closing $ ' t f «tom (2) Sum of all financing described in Paragraph 4 $ (3) Sales price (sum of 3A(1) and 3A(2)) $ L?inr 4-51)19 (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer Page 1 of 13 Computer generated using AutoCondract 7 TM, from AutoRealty, LLC, 1060 W. Pipeine, Suite 101, Hurst, TX 76053, (800) 322-1178 City of CC - Durant - MVR - 022916.axml Printed: 9:22:17 AM 3142016 Commercial Contract - Unimproved Property concerning 6113 Durant Cir., CC TX Durant Park B. Adjustment to Sales Price: (Check (1) or (2) only.) (1) The sales price will not be adjusted based on a survey. ❑ (2) The sales price will be adjusted based on the latest survey obtained under Paragraph 6B. (a) The sales price is calculated on the basis of $ NIA per: ❑ (i) square foot of ❑ total area ❑ net area. ❑ (11) acre of ❑ total area ❑ net area. (b) "Total area" means all land area within the perimeter boundaries of the Property. "Net area" means total area less any area of the Property within: ❑ (1) public roadways; ❑ (ii) rights-of-way and easements other than those that directly provide utility services to the Property; and ❑ (iii) N/A (c) If the sales price is adjusted by more than N/A% of the stated sales price, either party may terminate this contract by providing written notice to the other party within N/A days after the terminating party receives the survey. If neither party terminates this contract or if the variance is less than the stated percentage, the adjustment to the sales price will be made to the cash portion of the sales price payable by Buyer. 4. FINANCING: Buyer will finance the portion of the sales price under Paragraph 3A(2) as follows: t4 A. Third Party Financing: One or more third party loans in the total amount of $ . This contract: ❑ (1) is not contingent upon Buyer obtaining third party financing. ❑ (2) is contingent upon Buyer obtaining third party financing in accordance with the attached Commercial Contract Financing Addendum (TAR -1931). ❑ B. Assumption: In accordance with the attached Commercial Contract Financing Addendum (TAR -1931), Buyer will assume the existing promissory note secured by the Property, which balance at closing will be $ N/A . ❑ C. Seller Financing: The delivery of a promissory note and deed of trust to Seller under the terms of the attached Commercial Contract Financing Addendum (TAR -1931) in the amount of $ N/A. 5. EARNEST MONEY: A. Not later than 3 days after the effective date, Buyer must deposit $ 1,000.00 as earnest money with First Title Co. of CC. (title company) at 5402 Holly Road #2202, Corpus Christi, Texas 78411 (address) Betty Vickers (Closer). If Buyer fails to timely deposit the earnest money, Seller may terminate this contract or exercise any of Seller's other remedies under Paragraph 15 by providing written notice to Buyer before Buyer deposits the earnest money. B. Buyer will deposit an additional amount of $ 0.00 with the title company to be made part of the earnest money on or before: ❑ (i) NIA days after Buyer's right to terminate under Paragraph 7B expires; or ❑ (11) NIA Buyer will be in default if Buyer fails to deposit the additional amount required by this Paragraph 5B within 3 days after Seller notifies Buyer that Buyer has not timely deposited the additional amount. and Buyer V (TAR -1802) 1-1-16 Initialed for Identification by Seller Cannier generated using AutoContract 7 �', from AutoRealty, LLC, 1060 W. Pipeine, Suite 101, Hurst, TX 76053, (800) 322-1178 Page 2 of 13 City of CC - Durant - MVR - 022916.axnl Printed: 9:22:17 AM 3/4/2016 Commercial Contract - Unimproved Property concerning 6113 Durant Cir., CC TX Durant Park C. Buyer may instruct the title company to deposit the earnest money in an interest-bearing account at a federally insured financial institution and to credit any interest to Buyer. 6. TITLE POLICY AND SURVEY: A. Title Policy: (1) Seller, at Seller's expense, will furnish Buyer an Owner's Policy of Title Insurance (the title policy) issued by any underwriter of the title company in the amount of the sales price, dated at or after closing, insuring Buyer against loss under the title policy, subject only to: (a) those title exceptions permitted by this contract or as may be approved by Buyer in writing; and (b) the standard printed exceptions contained in the promulgated form of title policy unless this contract provides otherwise. (2) The standard printed exception as to discrepancies, conflicts, or shortages in area and boundary lines, or any encroachments or protrusions, or any overlapping improvements: (a) will not be amended or deleted from the title policy. ❑ (b) will be amended to read "shortages in areas" at the expense of ❑ Buyer ❑ Seller. (3) Within 5 days after the effective date, Seller will furnish Buyer a commitment for title insurance (the commitment) including legible copies of recorded documents evidencing title exceptions. Seller authorizes the title company to deliver the commitment and related documents to Buyer at Buyer's address. B. Survey: Within 15 days after the effective date: V 4 (1) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of the survey to Seller. The survey must be made in accordance with the: (i) ALTA/ACSM Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. Seller will reimburse Buyer 0.00 (insert amount) of the cost of the survey at closing, if closing occurs. Vileia/ (2) Seller, at Seller's expense, will furnish Buyer a survey of the Property dated after the effective date. The survey must be made in accordance with the: (i) ALTNACSM Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. ❑ (3) Seller will deliver to Buyer and the title company a true and correct copy of Seller's most recent survey of the Property along with an affidavit required by the title company for approval of the existing survey. If the existing survey is not acceptable to the title company, Seller, at Seller's expense, will obtain a new or updated survey acceptable to the title company and deliver the acceptable survey to Buyer and the title company within 20 days after Seller receives notice that the existing survey is not acceptable to the title company. The closing date will be extended daily up to 20 days if necessary for Seller to deliver an acceptable survey within the time required. Buyer will reimburse Seller NIA (insert amount) of the cost of the new or updated survey at closing, if closing occurs. C. Buyer's Objections to the Commitment and Survey: (1) Within 15 days after Buyer receives the commitment, copies of the documents evidencing the title exceptions, and any required survey, Buyer may object in writing to matters disclosed in the items if: (a) the matters disclosed are a restriction upon the Property or constitute a defect or encumbrance to title other than those permitted by this contract or liens that Seller will satisfy at closing or Buyer will assume at closing; or (b) the items show that any part of the Property lies in a special flood hazard area (an "A" or "V" zone as defined by FEMA). If Paragraph 6B(1) applies, and Buyer V<I " ; Page 3 of 13 (TAR -1802) 1-1-16 Initialed for Identification by Seller Conputer generated using AutoContract 7 from AutoRealty, LLC, 1060 W. Pipeline, Suite 101, Hurst. TX 76053, (800) 322-1178 City of CC - Durant - MVR - 022916.axni Printed: 922:18 AM 3/4/2016 Commercial Contract - Unimproved Property concerning 6113 Durant Cir., CC TX Durant Park Buyer is deemed to receive the survey on the earlier of: (i) the date of Buyer's actual receipt of the survey; or (ii) of the deadline specified in Paragraph 6B. (2) Seller may, but is not obligated to, cure Buyer's timely objections within 15 days after Seller receives the objections. The closing date will be extended as necessary to provide such time to cure the objections. If Seller fails to cure the objections by the time required, Buyer may terminate this contract by providing written notice to Seller within 5 days after the time by which Seller must cure the objections. If Buyer terminates, the earnest money, less any independent consideration under Paragraph 7B(1), will be refunded to Buyer. (3) Buyer's failure to timely object or terminate under this Paragraph 6C is a waiver of Buyer's right to object except that Buyer will not waive the requirements in Schedule C of the commitment. 7. PROPERTY CONDITION: A. Present Condition: Buyer accepts the Property in its present condition except that Seller, at Seller's expense, will complete the following before closing: None. Buyer accepts the property in its AS IS WHERE IS condition with any and all faults. See Exhibit B. B. Feasibility Period: Buyer may terminate this contract for any reason within 30 days after the effective date (feasibility period) by providing Seller written notice of termination. (Check only one box.) (1) If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer less $ 500.00 that Seller will retain as independent consideration for Buyer's unrestricted right to terminate. Buyer has tendered the independent consideration to Seller upon payment of the amount specified in Paragraph 5A to the title company. The independent consideration is to be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Paragraph 7B(1) or if Buyer fails to deposit the earnest money, Buyer will not have the right to terminate under this Paragraph 7B. ❑ (2) Not later than 3 days after the effective date, Buyer must pay Seller $ NIA as independent consideration for Buyer's right to terminate by tendering such amount to Seller or Seller's agent. If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer and Seller will retain the independent consideration. The independent consideration will be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Paragraph 7B(2) or if Buyer fails to pav the independent consideration, Buyer will not have the right to terminate under this Paragraph 7B. C. Inspections, Studies, or Assessments: (1) During the feasibility period, Buyer, at Buyer's expense, may complete or cause to be completed any and all inspections, studies, or assessments of the Property (including all improvements and fixtures) desired by Buyer. (2) Buyer must: (a) employ only trained and qualified inspectors and assessors; (b) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (c) abide by any reasonable entry rules or requirements of Seller; (d) not interfere with existing operations or occupants of the Property; and (e) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. (TAR -1802) 1-1-16 Initialed for Identification by Seller , and Buyer Conputer generated using AutoContract 7 TM, from AutoRealty, LLC, 1060 W. Pipetne, Suite 101, Hurst, TX 76053, (800) 322-1178 Page 4 of 13 City of CC - Durant - MVR - 022916.axni Printed: 9:22:18 AM 3/4/2016 Commercial Contract - Unimproved Property concerning 6113 Durant Cir., CC TX Durant Park (3) Except for those matters that arise from the negligence of Seller or Seller's agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from Buyer's inspections, studies, or assessments, including any property damage or personal injury. Buyer will indemnify, hold harmless, and defend Seller and Seller's agents against any claim involving a matter for which Buyer is responsible under this paragraph. This paragraph survives termination of this contract. D. Property Information: (1) Delivery of Property Information: Within Buyer: (Check all that apply.) 10 days after the effective date, Seller will deliver to or amondmentc to tho Ioacoc; ❑ (c) copies of all previous environmental assessments, geotechnical reports, studies, or analysoc madc on or relating to the Property; (e) plats of the Property; i4 J (g) if any of the above is in Seller's possession or control. (2) Return of Property Information: If this contract terminates for any reason, Buyer will, not later than 10 days after the termination date: (Check all that apply.) ❑ (a) return to Seller all those items described in Paragraph 7D(1) that Seller delivered to Buyer in other than an electronic format and all copies that Buyer made of those items; (b) delete or destroy all electronic versions of those items described in Paragraph 7D(1) that Seller delivered to Buyer or Buyer copied; and (c) deliver copies of all inspection and assessment reports related to the Property that Buyer completed or caused to be completed. This Paragraph 7D(2) survives termination of this contract. E. Contracts Affecting Operations: Until closing, Seller: (1) will operate the Property in the same manner as on the effective date under reasonably prudent business standards; and (2) will not transfer or dispose of any part of the Property, any interest or right in the Property, or any of the personal property or other items described in Paragraph 2B or sold under this contract. After the feasibility period ends, Seller may not enter into, amend, or terminate any other contract that affects the operations of the Property without Buyer's written approval. 8. LEASES: A. Each written lease Seller is to assign to Buyer under this contract must be in full force and effect according to its terms. Seller may not enter into any new lease, fail to comply with any existing lease, or make any amendment or modification to any existing lease without Buyer's written consent. Seller must disclose, in writing, if any of the following exist at the time Seller provides the leases to the Buyer or subsequently occur before closing: (1) any failure by Seller to comply with Seller's obligations under the leases; (2) any circumstances under any lease that entitle the tenant to terminate the lease or seek any offsets or damages; (3) any advance sums paid by a tenant under any lease; (4) any concessions, bonuses, free rents, rebates, brokerage commissions, or other matters that affect any lease; and (TAR -1802) 1-1-16 Initialed for Identification by Seller , and Buyer ' " i Page 5 of 13 Computer generated using AotoContract 7'"', from AutoReeIty, LLC, 1060 W. Pipeine, Suite 101, Hurst, 3X 76053, (800) 322-1178 City of CC - Durant - MVR - 022916.axrri Printed: 912:19 811 3/4/2016 Commercial Contract - Unimproved Property concerning 6113 Durant Cir., CC TX Durant Park (5) any amounts payable under the leases that have been assigned or encumbered, except as security for loan(s) assumed or taken subject to under this contract. B. Estoppol Certificates: Within clays after the effective date, Seller will deliver to Buyer estoppel certificates signed not earlier than by oach tonant that loacoc spaco in tho Property. The estoppel certificates must include the certifications contained in tho current version additional information at least 1-0 days Dior to the easiest date that Sellor may deliver tho signed 9. BROKERS: A. The brokers to this sale are: Principal Broker:The Clower Company Agent: George B. Clower Cooperating Broker: Coldwell Banker Pacesetter Steel Agent:Vahid Nazari c/o April Magnuson Address: P.O. Box 2525 Address: 5034 Holly Road Corpus Christi, Texas 78403 Corpus Christi, Texas 78411 Phone & Fax: 361-880-4111 361-880-4118 Phone & Fax:361-877-8243 cell E-mail: austin@allenreadvi E-mail:vahidrn@msn.com License No.:428055 Principal Broker: (Check only one box) represents Seller only. U represents Buyer only. ❑ is an intermediary between Seller and Buyer. B. Fees: (Check only (1) or (2) below.) (Complete the Agreement Between Brokers on page 13 only if (1) is selected.) (1) Seller will pay Principal Broker the fee specified by separate written commission agreement between Principal Broker and Seller. Principal Broker will pay Cooperating Broker the fee specified in the Agreement Between Brokers found below the parties' signatures to this contract. U (2) At the closing of this sale, Seller will pay: Principal Broker a total cash fee of: Cooperating Broker a total cash fee of: ❑ 1`I/A % of the sales price. ❑ N/A % of the sales price. ❑ N/A ❑ N/A License No.:04855789 Cooperating Broker represents Buyer. The cash fees will be paid in Nueces County, Texas. Seller authorizes the title company to pay the brokers from the Seller's proceeds at closing. NOTICE: Chapter 62, Texas Property Code, authorizes a broker to secure an earned commission with a lien against the Property. C. The parties may not amend this Paragraph 9 without the written consent of the brokers affected by the amendment. (TAR -1802) 1-1-16 Initialed for Identification by Seller , and Buyer Computer generated using AutoContract 7 TM, from Aut0Realty, LLC, 1060 W. Pipefne, Sults 101, Hurst, TX 76053, (600) 322-1178 Page 6 of 13 City of CC - Durant - MVR - 022916.ax0Y Printed: 9:22:19 AM 3/42016 Commercial Contract - Unimproved Property concerning 6113 Durant Cir., CC TX Durant Park 10. CLOSING: A. The date of the closing of the sale (closing date) will be on or before the later of: (1) 121 fifteen (15) days after the expiration of the feasibility period. ❑ NIA (specific date). ❑ N/A (2) 7 days after objections made under Paragraph 6C have been cured or waived. B. If either party fails to close by the closing date, the non -defaulting party may exercise the remedies in Paragraph 15. C. At closing, Seller will execute and deliver, at Seller's expense, a ❑ general special warranty deed. The deed must include a vendor's lien if any part of the sales price is financed. The deed must convey good and indefeasible title to the Property and show no exceptions other than those permitted under Paragraph 6 or other provisions of this contract. Seller must convey the Property: (1) with no liens, assessments, or other security interests against the Property which will not be satisfied out of the sales price, unless securing loans Buyer assumes; (2) without any assumed loans in default; and (3) with no persons in possession of any part of the Property as lessees, tenants at sufferance, or trespassers except tenants under the written leases assigned to Buyer under this contract. D. At closing, Seller, at Seller's expense, will also deliver to Buyer: (1) tax statements showing no delinquent taxes on the Property; (2) an assignment of all leases to or on the Property; (3) to the extent assignable, an assignment to Buyer of any licenses and permits related to the Property; (4) evidence that the person executing this contract is legally capable and authorized to bind Seller; (5) an affidavit acceptable to the title company stating that Seller is not a foreign person or, if Seller is a foreign person, a written authorization for the title company to: (i) withhold from Seller's proceeds an amount sufficient to comply applicable tax law; and (ii) deliver the amount to the Internal Revenue Service (IRS) together with appropriate tax forms; and (6) any notices, statements, certificates, affidavits, releases, and other documents required by this contract, the commitment, or law necessary for the closing of the sale and issuance of the title policy, all of which must be completed by Seller as necessary. E. At closing, Buyer will: (1) pay the sales price in good funds acceptable to the title company; (2) deliver evidence that the person executing this contract is legally capable and authorized to bind Buyer; (3) sign and send to each tenant in a lease for any part of the Property a written statement that: (a) acknowledges Buyer has received and is responsible for the tenant's security deposit; and (b) specifies the exact dollar amount of the security deposit; (4) sign an assumption of all leases then in effect; and (5) execute and deliver any notices, statements, certificates, or other documents required by this contract or law necessary to close the sale. F. Unless the parties agree otherwise, the closing documents will be as found in the basic forms in the current edition of the State Bar of Texas Real Estate Forms Manual without any additional clauses. 11. POSSESSION: Seller will deliver possession of the Property to Buyer upon closing and funding of this sale in its present condition with any repairs Seller is obligated to complete under this contract, ordinary wear and tear excepted. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written lease agreement is a landlord -tenant at sufferance relationship between the parties - (TAR -1802) 1-1-16 Initialed for Identification by Seller Computer generated using AutoContra t7 TM, from AutoRealty, LLC, 1060 W. Pipefne, Suite 101, Hurst, TX 76053, (800) 322-1178 and Buyer V� ^ Page 7 of 13 City of CC - Durant -MVR - 022916.axni Printed: 9:22:19 AM 3/4/2016 Commercial Contract - Unimproved Property concerning 6113 Durant Cir., CC TX Durant Park 12. SPECIAL PROVISIONS: The following special provisions apply and will control in the event of a conflict with other provisions of this contract. (If special provisions are contained in an Addendum, identify the Addendum here and reference the Addendum in Paragraph 22D.) See attached Addendum to Commercial Contract attached hereto. 13. SALES EXPENSES: A. Seller's Expenses: Seller will pay for the following at or before closing: (1) releases of existing liens, other than those liens assumed by Buyer, including prepayment penalties and recording fees; (2) release of Seller's loan liability, if applicable; (3) tax statements or certificates; (4) preparation of the deed; (5) one-half of any escrow fee; (6) costs to record any documents to cure title objections that Seller must cure; and (7) other expenses that Seller will pay under other provisions of this contract. B. Buyer's Expenses: Buyer will pay for the following at or before closing: (1) all loan expenses and fees; (2) preparation of any deed of trust; (3) recording fees for the deed and any deed of trust; (4) premiums for flood insurance as may be required by Buyer's lender; (5) one-half of any escrow fee; (6) other expenses that Buyer will pay under other provisions of this contract. 14. PRORATIONS: A. Prorations: (1) Interest on any assumed loan, taxes, rents, and any expense reimbursements from tenants will be prorated through the closing date. (2) If the amount of ad valorem taxes for the year in which the sale closes is not available on the closing date, taxes will be prorated on the basis of taxes assessed in the previous year. If the taxes for the year in which the sale closes vary from the amount prorated at closing, the parties will adjust the prorations when the tax statements for the year in which the sale closes become available. This Paragraph 14A(2) survives closing. (3) If Buyer assumes a loan or is taking the Property subject to an existing lien, Seller will transfer all reserve deposits held by the lender for the payment of taxes, insurance premiums, and other charges to Buyer at closing and Buyer will reimburse such amounts to Seller by an appropriate adjustment at closing. B. Rollback Taxes: If Seller's use or change in use of the Property before closing results in the assessment of additional taxes, penalties, or interest (assessments) for periods before closing, the assessments will be the obligation of the Seller. If this sale or Buyer's use of the Property after closing results in additional assessments for periods before closing, the assessments will be the obligation of Buyer. This Paragraph 14B survives closing. C. Rent and Security Deposits: At closing, Seller will tender to Buyer all security deposits and the following advance payments received by Seller for periods after closing: prepaid expenses, advance rental payments, and other advance payments paid by tenants. Rents prorated to one party but received by the other party will be remitted by the recipient to the party to whom was prorated within 5 days after the rent is received. This Paragraph 14C survives closing. (TAR -1802) 1-1-16 Initialed for Identification by Seller , and Buyer A, Page 8 of 13 Computer generated using AutoContract 7 ^", from AatoReaay, LLC, 1060 W. Pipet ne, Suite 101, Hurst, TX 76053, (800) 322-1178 City of CC - Durant -MVR - 022916.axni Printed: 9:22:20 AM 3/4/2016 Commercial Contract - Unimproved Property concerning 6113 Durant Cir., CC TX Durant Park 15. DEFAULT: A. If Buyer fails to comply with this contract, Buyer is in default and Seller, as Seller's sole remedy(ies), may terminate this contract and receive the earnest money, as liquidated damages for Buyer's failure except for any damages resulting from Buyer's inspections, studies or assessments in accordance with Paragraph 7C(3) which Seller may pursue, or (Check if applicable) LI enforce specific performance, or seek such other relief as may be provided by law. B. If, without fault, Seller is unable within the time allowed to deliver the estoppel certificates, survey or the commitment, Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; or (2) extend the time for performance up to 15 days and the closing will be extended as necessary. C. Except as provided in Paragraph 15B, if Seller fails to comply with this contract, Seller is in default and Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; •ef. 16. CONDEMNATION: If before closing, condemnation proceedings are commenced against any part of the Property, Buyer may: A. terminate this contract by providing written notice to Seller within 15 days after Buyer is advised of the condemnation proceedings and the earnest money, less any independent consideration paid under Paragraph 7B(1), will be refunded to Buyer; or B. appear and defend in the condemnation proceedings and any award will, at Buyer's election, belong to: (1) Seller and the sales price will be reduced by the same amount; or (2) Buyer and the sales price will not be reduced. 17. ATTORNEY'S FEES: If Buyer, Seller, any broker, or the title company is a prevailing party in any legal proceeding brought under or with relation to this contract or this transaction, such party is entitled to recover from the non -prevailing parties all costs of such proceeding and reasonable attorney's fees. This Paragraph 17 survives termination of this contract. 18. ESCROW: A. At closing, the earnest money will be applied first to any cash down payment, then to Buyer's closing costs, and any excess will be refunded to Buyer. If no closing occurs, the title company may require payment of unpaid expenses incurred on behalf of the parties and a written release of liability of the title company from all parties. B. If one party makes written demand for the earnest money, the title company will give notice of the demand by providing to the other party a copy of the demand. If the title company does not receive written objection to the demand from the other party within 15 days after the date the title company sent the demand to the other party, the title company may disburse the earnest money to the party making demand, reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money and the title company may pay the same to the creditors. C. The title company will deduct any independent consideration under Paragraph 7B(1) before disbursing any earnest money to Buyer and will pay the independent consideration to Seller. D. If the title company complies with this Paragraph 18, each party hereby releases the title company from all claims related to the disbursal of the earnest money. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer 1/11' ,v Page 9 of 13 Computer generated using AutoContrad 7 "", from AutoRealty, LLC, 1060 W. Pipeine, Suite 101, Hurst, TX 76053, (800) 322-1178 City of CC - Durant - MVR- 022916.axrri Pnnted- 92220 PM 3142016 Commercial Contract - Unimproved Property concerning 6113 Durant Cir., CC TX Durant Park E. Notices under this Paragraph 18 must be sent by certified mail, return receipt requested. Notices to the title company are effective upon receipt by the title company. F. Any party who wrongfully fails or refuses to sign a release acceptable to the title company within 7 days after receipt of the request will be liable to the other party for: (i) damages; (ii) the earnest money; (iii) reasonable attorney's fees; and (iv) all costs of suit. G. ❑ Seller ❑ Buyer intend(s) to complete this transaction as a part of an exchange of like -kind properties in accordance with Section 1031 of the Internal Revenue Code, as amended. All expenses in connection with the contemplated exchange will be paid by the exchanging party. The other party will not incur any expense or liability with respect to the exchange. The parties agree to cooperate fully and in good faith to arrange and consummate the exchange so as to comply to the maximum extent feasible with the provisions of Section 1031 of the Internal Revenue Code. The other provisions of this contract will not be affected in the event the contemplated exchange fails to occur. ❑ A. Sellor is not awaro of any matorial defects to the Property except as stated in the attached Commercial e (1) any subsurface: structures, pits, waste, springs, or improvements; (2) any pending or threatened litigation, condemnation, or assessment affecting thc Property; (5) whcthcr radon, asbestos containing materials, urea formaldehyde foam insulation, lead based (6) any wctlands, as dcfincd by federal or state law or regulation, on thc Property; (7) any throatoned or endangered species or their habitat on tho Proporty; (8) any present or past infestation of wood destroying insects in tho Proporty's improvemonts; .dotrrmon all,�y-a;foet-tia dinary use of thc Property; (10) any condition on the Property that violates any law or ordinance. 20. NOTICES: All notices between the parties under this contract must be in writing and are effective when hand -delivered, mailed by certified mail return receipt requested, or sent by facsimile transmission to the parties addresses or facsimile numbers stated in Paragraph 1. The parties will send copies of any notices to the broker representing the party to whom the notices are sent. ❑ A. Seller also consents to receive any notices by e-mail at Seller's e-mail address stated in Paragraph 1. Cl B. Buyer also consents to receive any notices by e-mail at Buyer's e-mail address stated in Paragraph 1. 21. DISPUTE RESOLUTION: The parties agree to negotiate in good faith in an effort to resolve any dispute related to this contract that may arise. If the dispute cannot be resolved by negotiation, the parties will submit the dispute to mediation before resorting to arbitration or litigation and will equally share the costs of a mutually acceptable mediator. This paragraph survives termination of this contract. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction. 22. AGREEMENT OF THE PARTIES: A. This contract is binding on the parties, their heirs, executors, representatives, successors, and permitted assigns. This contract is to be construed in accordance with7ttte laws fr the State of Texas. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer Page 10 of 13 Con -puler generated using AutoContmct 7 TM, fromAutoReaW, LLC, 1060 W. Piipefne, Suite 101, Hurst, TX 76053, (800) 322-1176 City of CC - Durant - MVR - 022916.exni Printed: 9:2221 AM 3/4/2016 Commercial Contract - Unimproved Property concerning 6113 Durant Cir., CC TX Durant Park If any term or condition of this contract shall be held to be invalid or unenforceable, the remainder of this contract shall not be affected thereby. B. This contract contains the entire agreement of the parties and may not be changed except in writing. C. If this contract is executed in a number of identical counterparts, each counterpart is an original and all counterparts, collectively, constitute one agreement. D. Addenda which are part of this contract are: (Check all that apply.) (1) Property Description Exhibit identified in Paragraph 2; U (3) Commercial Property Condition Statement (TAR 1408); ❑ (1) (8) Information About Brokerage Services (TAR -2501); and (9) See Attached Addendum to Contract and Exhibit B. Commercial Contract Addendum for Special Provisions (TAR 1910); (Note: Counsel for the Texas Association of REALTORS® (TAR) has determined that any of the foregoing addenda which are promulgated by the Texas Real Estate Commission (TREC) or published by TAR are appropriate for use with this form.) E. Buyer 14 may U may not assign this contract. If Buyer assigns this contract, Buyer will be relieved of any future liability under this contract only if the assignee assumes, in writing, all obligations and liability of Buyer under this contract. 23. TIME: Time is of the essence in this contract. The parties require strict compliance with the times for performance. If the last day to perform under a provision of this contract falls on a Saturday, Sunday, or legal holiday, the time for performance is extended until the end of the next day which is not a Saturday, Sunday, or legal holiday. 24. EFFECTIVE DATE: The effective date of this contract for the purpose of performance of all obligations is the date the title company receipts this contract after all parties execute this contract. 25. ADDITIONAL NOTICES: A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a title policy. B. If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fees of the district before final execution of this contract. C. Notice Required by §13.257, Water Code: "The real property, described below, that you are about to purchase may be located in a certificated water or sewer service area, which is authorized by law to provide water or sewer service to the properties in the certificated area. If your property is located in a certificated area there may be special costs or charges that you will be required to pay before you can receive water or sewer service. There may be a period required to construct lines or other facilities necessary to provide water or sewer service to your property. You are advised to determine if the property is in a certificated area and contact the utility service provider to determine the cost that you will be required to pay and the period, if any, that is required to provide water or sewer service to your property. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or before the execution of a binding contract for the purchase of the real property described in the notice or at closing of purchase of the real property." The real property is described in Paragr h 2 of this contract. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer Page 11 of 13 Conputer generated using AutoContract 7 TM, from AutoRealty, LLC, 1060 W. Pipeine, Suite 101, Hurst, TX 76053, (800) 322-1178 City of CC - Durant - MVR - 022916.axni Printed: 9:22:21 AM 3/4/2016 Commercial Contract - Unimproved Property concerning 6113 Durant Cir., CC TX Durant Park D. If the Property adjoins or shares a common boundary with the tidally influenced submerged lands of the state, §33.135 of the Texas Natural Resources Code requires a notice regarding coastal area property to be included as part of this contract. E. If the Property is located seaward of the Gulf Intracoastal Waterway, §61.025, Texas Natural Resources Code, requires a notice regarding the seaward location of the Property to be included as part of this contract. F. If the Property is located outside the limits of a municipality, the Property may now or later be included in the extra -territorial jurisdiction (ETJ) of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and ETJ. To determine if the Property is located within a municipality's ETJ, Buyer should contact all municipalities located in the general proximity of the Property for further information. G. Brokers are not qualified to perform property inspections, surveys, engineering studies, environmental assessments, or inspections to determine compliance with zoning, governmental regulations, or laws. Buyer should seek experts to perform such services. Buyer should review local building codes, ordinances and other applicable laws to determine their effect on the Property. Selection of experts, inspectors, and repairmen is the responsibility of Buyer and not the brokers. Brokers are not qualified to determine the credit worthiness of the parties. H. NOTICE OF WATER LEVEL FLUCTUATIONS: If the Property adjoins an impoundment of water, including a reservoir or lake, constructed and maintained under Chapter 11, Water Code, that has a storage capacity of at least 5,000 acre-feet at the impoundment's normal operating level, Seller hereby notifies Buyer: "The water level of the impoundment of water adjoining the Property fluctuates for various reasons, including as a result of: (1) an entity lawfully exercising its right to use the water stored in the impoundment; or (2) drought or flood conditions." 26. CONTRACT AS OFFER: The execution of this contract by the first party constitutes an offer to buy or sell the Property. Unless the other party accepts the offer by 5:00 p.m., in the time zone in which the Property is located, on , the offer will lapse and become null and void. READ THIS CONTRACT CAREFULLY. The brokers and agents make no representation or recommendation as to the legal sufficiency, legal effect, or tax consequences of this document or transaction. CONSULT your attorney BEFORE signing. Seller: City of Corpus Christi, a Texas municipal Buyer: MVR Construction Company corporation By: By: By (signature): By (signature): V, Printed Name: Printed Name: v cadv ‘S—au Title: Title: 0 ;.r-e..c.k—o [ By: By: By (signature): By (signature): Printed Name: Printed Name: Title: Title: (TAR -1802) 1-1-16 Page 12 of 13 Computer generated using AutoContract 7 "A, from AutoRealty, LLC, 1060 W. Pipefne, Suite 101, Hurst, TX 76053, (800) 322-1178 City of CC - Durant - MVR - 022916.0004 Printed: 9:22:21 AM 3/4/2016 Commercial Contract - Unimproved Property concerning AGREEMENT BETWEEN BROKERS (use only if Paragraph 9B(1) is effective) Principal Broker agrees to pay Co!dwell Banker Pacesetter Steel (Cooperating Broker) a fee when the Principal Broker's fee is received. The fee to be paid to Cooperating Broker will be: $N/A ,or 2.25 % of the sales price, or U N/A % of the Principal Broker's fee. The title company is authorized and directed to pay Cooperating Broker from Principal Broker's fee at closing. This Agreement Between Brokers supersedes any prior offers and agreements for compensation between brokers. Principal Broker: The Clower Companyc/o George B. Clower Cooperating Broker: April Magnuson c/o Vahid Nazar By: By: ATTORNEYS Seller's attorney: Address: Phone & Fax: E-mail: Seller's attorney requests copies of documents, notices, and other information: ❑ the title company sends to Seller. U Buyer sends to Seller. Buyer's attorney: Address: Phone & Fax: E-mail: Buyer's attorney requests copies of documents, notices, and other information: ❑ the title company sends to Buyer. ❑ Seller sends to Buyer. ESCROW RECEIPT The title company acknowledges receipt of: ❑ A. the contract on this day (effective date); ❑ B. earnest money in the amount of $ 1,000.00 in the form of Title company: First Title Co. of CC. By: Assigned file number (GF#): on Address: 5402 Holly Road #2202, Corpus Christi, Texas 78411 Phone & Fax: E-mail: (TAR -1802) 1-1-16 Conputer generated using AutoContract 7 TM, from AutoReally, LLC, 1060 W. Pipefne, Suite 101, Hurst, TX 76053, (800) 322-1178 Page 13 of 13 City of CC - Durant - MVR - 022916.axni Printed: 922:22 AM 3/4/2016 ADDENDUM to COMMERCIAL CONTRACT - UNIMPROVED PROPERTY between THE CITY OF CORPUS CHRISTI ("SELLER") and MVR CONSTRUCTION COMPANY ("BUYER") 1. This contract is contingent upon final approval from the Corpus Christi City Council. 2. Buyer acknowledges that the subject property is being sold in its AS IS WHERE IS condition with any and all faults per the addendum attached hereto as Exhibit B. 3. Buyer, at Buyer's sole expense, shall be responsible for any and all platting and/or zoning application fees and any associated expenses related to platting or rezoning the said property. 4. If due to factors beyond Seller's control, the commitment and/or the exception documents are not delivered within the time required, either party may terminate this contract and the earnest money be refunded to Buyer, as its sole remedy. 5. Buyer, at Buyer's sole expense during the Feasibility Period will verify with the City of Corpus Christi — Development Services that Buyer's intended use is permitted in the current zoning district of the said property. 6. In regards to Paragraph 17 — ATTORNEY FEES: the last sentence shall be modified to read as followed: "This Paragraph 17 survives termination of this contract, however, the Seller shall not be liable for any such attorney's fees." 7. Buyer is a licensed realtor with the State of Texas. 8. Buyer shall be responsible for any and all rollbacks taxes associated with the said property. Seller's Initial's , Buyer's Initial's EXHIBIT A Durant Park — 6113 Durant Cir. Corpus Christi, Texas DURANT CIRCLE 212.16' Blanche Moore School Subdivision, Lot 2, 2.70 Acres, Corpus Christi, Nueces County, Texas THE GLOWER CO. Realtors Comm , Commercial & Industrial Brokerage P.D. Box 2525 Corpus Christi, Texas 78403-2525 mom [361 )880-4111 office EXHIBIT "B" "AS -IS" PURCHASE (A) BUYER ACKNOWLEDGES AND AGREES THAT BUYER IS PURCHASING THE PROPERTY "AS -IS" "WHERE -IS" AND "WITH ALL FAULTS" WITHOUT ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES, EITHER EXPRESSED OR IMPLIED, OF ANY KIND, NATURE, OR TYPE WHATSOEVER FROM, OR ON BEHALF OF, SELLER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BUYER ACKNOWLEDGES AND AGREES THAT SELLER HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL IMPLIED WARRANTIES CONCERNING THE CONDITION OF THE PROPERTY AND ANY PORTIONS THEREOF, INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL CONDITIONS, PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS, AND ALSO THE IMPLIED WARRANTIES OF HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. (B) BUYER ACKNOWLEDGES AND AGREES THAT BUYER HAS NOT RELIED, AND WILL NOT RELY, UPON ANY REPRESENTATIONS OR WARRANTIES (ORAL OR WRITTEN) MADE BY OR PURPORTEDLY MADE ON BEHALF OF SELLER, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE EXPRESSLY SET FORTH IN THIS AGREEMENT. (C) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, BUYER AGREES THAT NO REPRESENTATION BY OR ON BEHALF OF SELLER OR THE SELLER'S AGENTS HAVE BEEN MADE TO BUYER AS TO THE CONDITION OF THE PROPERTY, ANY RESTRICTIONS RELATED TO THE DEVELOPMENT OF THE PROPERTY, THE APPLICABILITY OF OR COMPLIANCE WITH ANY GOVERNMENTAL REQUIREMENTS, INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL LAWS, OR THE SUITABILITY OF THE PROPERTY FOR ANY PURPOSE WHATSOEVER. Seller's Initial's , Buyer's Initial's TEXAS ASSOCIATION or REALTORS" COMMERCIAL CONTRACT - UNIMPROVED PROPERTY USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS®IS NOT AUTHORIZED. ©Texas Association of REALTORS®, Inc. 21)16 1. PARTIES: Seller agrees to sell and convey to Buyer the Property described in Paragraph 2. Buyer agrees to buy the Property from Seller for the sales price stated in Paragraph 3. The parties to this contract are: Seller: City of Corpus Christi, a Texas municipal corporation Address: 1201 Leopard St. Corpus Christi, Texas 78401 Phone: E-mail: Fax: Other: Buyer: Albert Ayala & Roberto Cardenas Address: Phone: E-mail: alayalahomes@gmail.com Fax: Other: 2. PROPERTY: A. "Property" means that real property situated in _ _ Nueces County, Texas at 4600 Arlene Dr., CC TX Parklane Park (address) and that is legally described on the attached Exhibit or as follows: A tract of land located at 4600 Arlene Drive known as Parklane Park being legally described Margo Plaza Park Area Block 5, Parklane 2 Park 1.209 exempt, Corpus Christi, Nueces County, Texas with any and all improvements contained thereon. See Exhibit "A" attached hereto. B. Seller will sell and convey the Property together with: (1) all rights, privileges, and appurtenances pertaining to the Property, including Seller's right, title, and interest +A -any +eefale, dt+44+ea, adjacent ctrceta, alleys, at -ids- eres, a -righ s e# way; (2) Seller's interest in all leases, rents, and security deposits for all or part of the Property; and (3) Seller's interest in all licenses and permits related to the Property. (Describe any exceptions, reservations, or restrictions in Paragraph 12 or an addendum.) (If mineral rights are to be reserved an appropriate addendum should be attached.) 3. SALES PRICE: A. At or before closing, Buyer will pay the following sales price for the Property: $30,000.00 (1) Cash portion payable by Buyer at closing A Q c $22,ODo, tt;eee.ee 91,000.00 (2) Sum of all financing described in Paragraph 4 /\ A* Q- C $ 94,000.00 A,A 2G (3) Sales price (sum of 3A(1) and 3A(2)) (TAR -1802) 1-1-16 Initialed for Identification by Seller Computer generated using AuloConlracl 7 '', from AuloReally, LLC, 1060 W Pipeline, Suite 101, Hvsl, TX 76053, (800) 322-1178 $ aY-tt3;oee:ee— $121000.00 Page 1of13 and Buyer P Q , .C. City of CC - Parklane -Ayala - 022916 am Printed 24290 PM 3/6/2016 Commercial Contract - Unimproved Property concerning 46 004rlene Dr., CC TX Parkl aie Park B. Adjustment to Sales Price: (Check (1) or (2) only.) (1) The sales price will not be adjusted based on a survey. ❑ (2) The sales price will be adjusted based on the latest survey obtained under Paragraph 6B. (a) The sales price is calculated on the basis of $ ❑ (i) square foot of ❑ total area ❑ net area. • (ii) acre of ❑ total area ❑ net area. N/A per: (b) "Total area" means all land area within the perimeter boundaries of the Property. "Net area" means total area less any area of the Property within: ❑ (i) public roadways; ❑ (ii) rights-of-way and easements other than those that directly provide utility services to the Property; and ❑ (III) N/A (c) If the sales price is adjusted by more than NIA% of the stated sales price, either party may terminate this contract by providing written notice to the other party within N/A days after the terminating party receives the survey. If neither party terminates this contract or if the variance is less than the stated percentage, the adjustment to the sales price will be made to the cash portion of the sales price payable by Buyer. 4. FINANCING: Buyer will finance the portion of the sales price under Paragraph 3A(2) as follows: A. Third Party Financing: One or more third party loans in the total amount of $ This contract: ❑ (1) is not contingent upon Buyer obtaining third party financing. ❑ (2) is contingent upon Buyer obtaining third party financing in accordance with the attached Commercial Contract Financing Addendum (TAR -1931). ❑ B. Assumption: In accordance with the attached Commercial Contract Financing Addendum (TAR -1931), Buyer will assume the existing promissory note secured by the Property, which balance at closing will be $ N/A ❑ C. Seller Financing: The delivery of a promissory note and deed of trust to Seller under the terms of the attached Commercial Contract Financing Addendum (TAR -1931) in the amount of $ N/A. 5. EARNEST MONEY: A. Not later than 3 days after the effective date, Buyer must deposit $ 1, 000.O s earnest money with Bay Area Title Services (title company) at 5926 S. Staples St., Corpus Christi, Texas 78413(address) Julie Jensen (closer). If Buyer fails to timely deposit the earnest money, Seller may terminate this contract or exercise any of Seller's other remedies under Paragraph 15 by providing written notice to Buyer before Buyer deposits the earnest money. B. Buyer will deposit an additional amount of $ 0.00 with the title company to be made part of the earnest money on or before: ❑ (i) N/A days after Buyer's right to terminate under Paragraph 7B expires; or ❑ (ii) N/A Buyer will be in default if Buyer fails to deposit the additional amount required by this Paragraph 5B within 3 days after Seller notifies Buyer that Buyer has not timely deposited the additional amount. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer L IS., - t _ Page 2 of 13 Computer generated using AuloContract 7 r°, from AuloRealty, LLC, 1060 W Pipeline, Suite 101, Hurst, Df 76053, (800) 322-1178 Cily of CC - Parklane -Ayala -022916 axm Printed 2 4290 PM 3/6/2016 Commercial Contract - Unimproved Property concerning 4600 Arlene Dr., CC TX Parklane Park C. Buyer may instruct the title company to deposit the earnest money in an interest-bearing account at a federally insured financial institution and to credit any interest to Buyer. 6. TITLE POLICY AND SURVEY: A. Title Policv• (1) Seller, at Seller's expense, will furnish Buyer an Owner's Policy of Title Insurance (the title policy) issued by any underwriter of the title company in the amount of the sales price, dated at or after closing, insuring Buyer against loss under the title policy, subject only to: (a) those title exceptions permitted by this contract or as may be approved by Buyer in writing; and (b) the standard printed exceptions contained in the promulgated form of title policy unless this contract provides otherwise. (2) The standard printed exception as to discrepancies, conflicts, or shortages in area and boundary lines, or any encroachments or protrusions, or any overlapping improvements: )2i (a) will not be amended or deleted from the title policy. ❑ (b) will be amended to read "shortages in areas" at the expense of LJ Buyer ❑ Seller. (3) Within 5 days after the effective date, Seller will furnish Buyer a commitment for title insurance (the commitment) including legible copies of recorded documents evidencing title exceptions. Seller authorizes the title company to deliver the commitment and related documents to Buyer at Buyer's address. B. Survey: Within 12 days after the effective date: (1) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of the survey to Seller. The survey must be made in accordance with the: (i) ALTA/ACSM Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. Seller will reimburse Buyer o.00 (insert amount) of the cost of the survey at closing, if closing occurs. ❑ (2) Seller, at Seller's expense, will furnish Buyer a survey of the Property dated after the effective date. The survey must be made in accordance with the: (i) ALTA/ACSM Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. ❑ (3) Seller will deliver to Buyer and the title company a true and correct copy of Seller's most recent survey of the Property along with an affidavit required by the title company for approval of the existing survey. If the existing survey is not acceptable to the title company, Seller, at Seller's expense, will obtain a new or updated survey acceptable to the title company and deliver the acceptable survey to Buyer and the title company within 20 days after Seller receives notice that the existing survey is not acceptable to the title company. The closing date will be extended daily up to 20 days if necessary for Seller to deliver an acceptable survey within the time required. Buyer will reimburse Seller NIA (insert amount) of the cost of the new or updated survey at closing, if closing occurs. C. Buyer's Objections to the Commitment and Survey: (1) Within 15 days after Buyer receives the commitment, copies of the documents evidencing the title exceptions, and any required survey, Buyer may object in writing to matters disclosed in the items if: (a) the matters disclosed are a restriction upon the Property or constitute a defect or encumbrance to title other than those permitted by this contract or liens that Seller will satisfy at closing or Buyer will assume at closing; or (b) the items show that any part of the Property lies in a special flood hazard area (an "A" or "V" zone as defined by FEMA). If Paragraph 6B(1) applies, (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer (rp► , , C Page 3 of 13 Computer generated using AutoContract 7 from AuloReally, LLC. 1060 W Pipeline, Suite 101, Hurst, TX 76053, (B00) 322-1178 City of CC - Parklane - Ayala-022916,axm Printed 242:30 PM 3/6/2016 Commercial Contract - Unimproved Property concerning 4600 Arlene D r.,CC TX Parklane Park Buyer is deemed to receive the survey on the earlier of: (i) the date of Buyer's actual receipt of the survey; or (ii) of the deadline specified in Paragraph 6B. (2) Seller may, but is not obligated to, cure Buyer's timely objections within 15 days after Seller receives the objections. The closing date will be extended as necessary to provide such time to cure the objections. If Seller fails to cure the objections by the time required, Buyer may terminate this contract by providing written notice to Seller within 5 days after the time by which Seller must cure the objections. If Buyer terminates, the earnest money, less any independent consideration under Paragraph 7B(1), will be refunded to Buyer. (3) Buyer's failure to timely object or terminate under this Paragraph 6C is a waiver of Buyer's right to object except that Buyer will not waive the requirements in Schedule C of the commitment. 7. PROPERTY CONDITION: A. Present Condition: Buyer accepts the Property in its present condition except that Seller, at Seller's expense, will complete the following before closing: None. Buyer accepts the property in its AS IS WHERE IS condition with any and all faults. See Exhibit B. B. Feasibility Period: Buyer may terminate this contract for any reason within 30 days after the effective date (feasibility period) by providing Seller written notice of termination. (Check only one box.) (1) If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer less $ 300.00 that Seller will retain as independent consideration for Buyer's unrestricted right to terminate. Buyer has tendered the independent consideration to Seller upon payment of the amount specified in Paragraph 5A to the title company. The independent consideration is to be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Paragraph 7B(1) or if Buyer fails to deposit the earnest money, Buyer will not have the right to terminate under this Paragraph 7B. ❑ (2) Not later than 3 days after the effective date, Buyer must pay Seller $ N/A as independent consideration for Buyer's right to terminate by tendering such amount to Seller or Seller's agent. If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer and Seller will retain the independent consideration. The independent consideration will be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Paragraph 7B(2) or if Buyer fails to pay the independent consideration, Buyer will not have the right to terminate under this Paragraph 7B. C. Inspections, Studies, or Assessments: (1) During the feasibility period, Buyer, at Buyer's expense, may complete or cause to be completed any and all inspections, studies, or assessments of the Property (including all improvements and fixtures) desired by Buyer. (2) Buyer must: (a) employ only trained and qualified inspectors and assessors; (b) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (c) abide by any reasonable entry rules or requirements of Seller; (d) not interfere with existing operations or occupants of the Property; and (e) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer AYp,, g_. C__ Computer generated using AuloConlfacl 7 "" from AutoReally, LLC, 1060 W Pipeline, Swle 101, Hurst, Tx 76053, (B00)322-1178 Page 4 of 13 City of CC - Parklane - Ayala - 022916 am Printed 242'31 PM 3/6/2016 Commercial Contract - Unimproved Property concerning 4600 Arlene Dr., CC T X Parklane Park (3) Except for those matters that arise from the negligence of Seller or Seller's agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from Buyer's inspections, studies, or assessments, including any property damage or personal injury. Buyer will indemnify, hold harmless, and defend Seller and Seller's agents against any claim involving a matter for which Buyer is responsible under this paragraph. This paragraph survives termination of this contract. D. Property Information: (1) Delivery of Property Information: Within 10 days after the effective date, Seller will deliver to Buyer: (Check all that apply.) ❑ ( seiaies et all se4=Ke44 teases peKtai44i4443 to 4reperty, +4asf1 li4ag any 4 1A4ditications, swiaplemegts, OK-a14=181=431R443441& 4e 44=I$1ea&e6 ; ❑ (-b4 seiaies-et all notes ap44 4Aede et 444et age -444 444e -repecty 4t4a4 $uyo -vitt asewea43 BK4hat• �elteK Witt not-+n-#etl-&P-eF tbe#ere cloc+4ag; ❑ (-s.} sepias of all iarevieus-elauixGR:14e4=14a1 assessme43ts eete4 +eat xepo#sT st4Ad+esT-eK anal see made -ala 44 -fel 4e tiae er-ty; ❑ (A) eepiee 14Fepe Fty tax stateee44te tef t ine P rope Fty-ter- ttae eFevi ee eateadaf• yeaFe ; f (e) plats of the Property; ❑ (#) copies of e4FFeat 441+14ty eapeeity tetters fr-em #I e. laFep.ety'e water 41a4 -sew •seFvu+se pFev+deF; a444 121 (g) if any of the above is in Seller's possession or control. (2) Return of Property Information: If this contract terminates for any reason, Buyer will, not later than 10 days after the termination date: (Check all that apply.) ❑ (a) return to Seller all those items described in Paragraph 7D(1) that Seller delivered to Buyer in other than an electronic format and all copies that Buyer made of those items; (b) delete or destroy all electronic versions of those items described in Paragraph 7D(1) that Seller delivered to Buyer or Buyer copied; and )61 (c) deliver copies of all inspection and assessment reports related to the Property that Buyer completed or caused to be completed. This Paragraph 7D(2) survives termination of this contract. E. Contracts Affecting Operations: Until closing, Seller: (1) will operate the Property in the same manner as on the effective date under reasonably prudent business standards; and (2) will not transfer or dispose of any part of the Property, any interest or right in the Property, or any of the personal property or other items described in Paragraph 2B or sold under this contract. After the feasibility period ends, Seller may not enter into, amend, or terminate any other contract that affects the operations of the Property without Buyer's written approval. 8. LEASES: A. Each written lease Seller is to assign to Buyer under this contract must be in full force and effect according to its terms. Seller may not enter into any new lease, fail to comply with any existing lease, or make any amendment or modification to any existing lease without Buyer's written consent. Seller must disclose, in writing, if any of the following exist at the time Seller provides the leases to the Buyer or subsequently occur before closing: (1) any failure by Seller to comply with Seller's obligations under the leases; (2) any circumstances under any lease that entitle the tenant to terminate the lease or seek any offsets or damages; (3) any advance sums paid by a tenant under any lease; (4) any concessions, bonuses, free rents, rebates, brokerage commissions, or other matters that affect any lease; and (TAR -1802) 1-1-16 Initialed for Identification by Seller Computer generated using AuloContract 7 '", from AutoReally, LLC, 1060 W Pipeline, Suite 101, Hurst, TX 76053, (B00) 322-1178 and Buyer _Qp_ R. Page 5 of 13 City of CC - Parklane -Ayala-022516.asm Printed 2'42 31 PM 3/6/2016 Commercial Contract - Unimproved Property concerning 4600 Arlene Dr., CC TX Parklane Park (5) any amounts payable under the leases that have been assigned or encumbered, except as security for loan(s) assumed or taken subject to under this contract. €stegpal-Ger444-eater:- i#-fa+p days-aftet-lae-s#octive-oats,&etleKwilldeti e.4e e esteppsl Ge44+sates signed -eat aarlie.4faaR _ _ 1y each 4e4aa44 4 -hat teases spew #-lae Proper-ty-T-laa-es e14pel-se-Kt44-eate t-+esl e•4e-serf+t+eat+e►s--eeetaieed-tp-#4esNBeet-yer-se l of TAPS Fera 493& Gom e€+al TeeaRt- Esteppel Ccr i-fieate-ate ae add4:444eRal 4- er-Iilatioe rcqueste4 by a- ffa+r-d par4y4onder pr ieg #inane++ ae4:4ef-Raragr k+ 4 +4 -t-be -Ia+Kd paf4y tamer rcquecto e a44444enal +p 444aaation at Least- 4 days i4rieK-4e-41e oarkiest date -that .etleF e}ay €Live+ #tae signed aste14jae4 60444 -Gates. 9. BROKERS: A. The brokers to this sale are: Principal Broker: The Clower Company Cooperating Broker: ATC Metro Properties Agent:George B. Clower Agent:Al Ayala Address: P.O. Box 2525 Address:5034 Holly Road_ Corpus Christi, Texas 78403 Corpus Christi, Texas 78411 Phone & Fax: 361-880-4111 E-mail: g bclower@aol.com License No.:428055 361-880-4118 Phone & Fax:361-994-9393 Principal Broker: (Check only one box) represents Seller only. ❑ represents Buyer only. ❑ is an intermediary between Seller and Buyer. E-mail: alayalahomes u@gmai I.com _ License No.:9000777 Cooperating Broker represents Buyer. B. Fees: (Check only (1) or (2) below.) (Complete the Agreement Between Brokers on page 13 only if (1) is selected.) )621 (1) Seller will pay Principal Broker the fee specified by separate written commission agreement between Principal Broker and Seller. Principal Broker will pay Cooperating Broker the fee specified in the Agreement Between Brokers found below the parties' signatures to this contract. ❑ (2) At the closing of this sale, Seller will pay: Principal Broker a total cash fee of: ❑ N/A % of the sales price. ❑ N/A Cooperating Broker a total cash fee of: ❑ N/A % of the sales price. ❑ N/A The cash fees will be paid in Nueces County, Texas. Seller authorizes the title company to pay the brokers from the Seller's proceeds at closing. NOTICE: Chapter 62, Texas Property Code, authorizes a broker to secure an earned commission with a lien against the Property. C. The parties may not amend this Paragraph 9 without the written consent of the brokers affected by the amendment. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer Page 6 of 13 Computer generated using AuloConlract 7 "^, from AutoReally, LLC, 1060 W Pipe4 ne, Stole 101, Flursl, TX 76053, (800) 322-1178 City of CC - Parklane -Ayala -022916 axm Printed 2 42 32 PM 3/6/2016 Commercial Contract - Unimproved Property concerning 4 60 OArI eie D r, CC TX Parklane Park 10. CLOSING: A. The date of the closing of the sale (closing date) will be on or before the later of: (1) fifteen (15)_ days after the expiration of the feasibility period. ❑ N/A (specific date). ❑ NIA (2) 7 days after objections made under Paragraph 6C have been cured or waived. B. If either party ails to close by the closing date, the non -defaulting party may exercise the remedies in Paragraph 15. C. At closing, Seller will execute and deliver, at Seller's expense, a ❑ general special warranty deed. The deed must include a vendor's lien if any part of the sales price is financed. The deed must convey good and indefeasible title to the Property and show no exceptions other than those permitted under Paragraph 6 or other provisions of this contract. Seller must convey the Property: (1) with no liens, assessments, or other security interests against the Property which will not be satisfied out of the sales price, unless securing loans Buyer assumes; (2) without any assumed loans in default; and (3) with no persons in possession of any part of the Property as lessees, tenants at sufferance, or trespassers except tenants under the written leases assigned to Buyer under this contract. D. At closing, Seller, at Seller's expense, will also deliver to Buyer: (1) tax statements showing no delinquent taxes on the Property; (2) an assignment of all leases to or on the Property; (3) to the extent assignable, an assignment to Buyer of any licenses and permits related to the Property; (4) evidence that the person executing this contract is legally capable and authorized to bind Seller; (5) an affidavit acceptable to the title company stating that Seller is not a foreign person or, if Seller is a foreign person, a written authorization for the title company to: (i) withhold from Seller's proceeds an amount sufficient to comply applicable tax law; and (ii) deliver the amount to the Internal Revenue Service (IRS) together with appropriate tax forms; and (6) any notices, statements, certificates, affidavits, releases, and other documents required by this contract, the commitment, or law necessary for the closing of the sale and issuance of the title policy, all of which must be completed by Seller as necessary. E. At closing, Buyer will: (1) pay the sales price in good funds acceptable to the title company; (2) deliver evidence that the person executing this contract is legally capable and authorized to bind Buyer; (3) sign and send to each tenant in a lease for any part of the Property a written statement that: (a) acknowledges Buyer has received and is responsible for the tenant's security deposit; and (b) specifies the exact dollar amount of the security deposit; (4) sign an assumption of all leases then in effect; and (5) execute and deliver any notices, statements, certificates, or other documents required by this contract or law necessary to close the sale. F. Unless the parties agree otherwise, the closing documents will be as found in the basic forms in the current edition of the State Bar of Texas Real Estate Forms Manual without any additional clauses. 11. POSSESSION: Seller will deliver possession of the Property to Buyer upon closing and funding of this sale in its present condition with any repairs Seller is obligated to complete under this contract, ordinary wear and tear excepted. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written lease agreement is a landlord -tenant at sufferance relationship between the parties. (TAR -1802) 1-1-16 Initialed for Identification by Seller Computer generated using AutoConlract 7 '", from Auto Really, LLC, 1060 W Pipeline, Suite 101, Hurst. TX 76053, (800) 322-1178 and Buyer kA FZ• L Page 7 of 13 City of CC - Parklane - Ayala - 022916.axm Printed 2-42 32 PM 3/6/2016 Commercial Contract - Unimproved Property concerning 4 60 0 dl erD r.4 C TX Parklane Park 12. SPECIAL PROVISIONS: The following special provisions apply and will control in the event of a conflict with other provisions of this contract. (If special provisions are contained in an Addendum, identify the Addendum here and reference the Addendum in Paragraph 22D.) See attached Addendum to Commercial Contract attached hereto. 13. SALES EXPENSES: A. Seller's Expenses: Seller will pay for the following at or before closing: (1) releases of existing liens, other than those liens assumed by Buyer, including prepayment penalties and recording fees; (2) release of Seller's loan liability, if applicable; (3) tax statements or certificates; (4) preparation of the deed; (5) one-half of any escrow fee; (6) costs to record any documents to cure title objections that Seller must cure; and (7) other expenses that Seller will pay under other provisions of this contract. B. Buyer's Expenses: Buyer will pay for the following at or before closing: (1) all loan expenses and fees; (2) preparation of any deed of trust; (3) recording fees for the deed and any deed of trust; (4) premiums for flood insurance as may be required by Buyer's lender; (5) one-half of any escrow fee; (6) other expenses that Buyer will pay under other provisions of this contract. 14. PRORATIONS: A. Prorations: (1) Interest on any assumed loan, taxes, rents, and any expense reimbursements from tenants will be prorated through the closing date. (2) If the amount of ad valorem taxes for the year in which the sale closes is not available on the closing date, taxes will be prorated on the basis of taxes assessed in the previous year. If the taxes for the year in which the sale closes vary from the amount prorated at closing, the parties will adjust the prorations when the tax statements for the year in which the sale closes become available. This Paragraph 14A(2) survives closing. (3) If Buyer assumes a loan or is taking the Property subject to an existing lien, Seller will transfer all reserve deposits held by the lender for the payment of taxes, insurance premiums, and other charges to Buyer at closing and Buyer will reimburse such amounts to Seller by an appropriate adjustment at closing. B. Rollback Taxes: If Seller's use or change in use of the Property before closing results in the assessment of additional taxes, penalties, or interest (assessments) for periods before closing, the assessments will be the obligation of the Seller. If this sale or Buyer's use of the Property after closing results in additional assessments for periods before closing, the assessments will be the obligation of Buyer. This Paragraph 14B survives closing. C. Rent and Security Deposits: At closing, Seller will tender to Buyer all security deposits and the following advance payments received by Seller for periods after closing: prepaid expenses, advance rental payments, and other advance payments paid by tenants. Rents prorated to one party but received by the other party will be remitted by the recipient to the party to whom it was prorated within 5 days after the rent is received. This Paragraph 14C survives closing. Q (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer __Nk. Z. C-- Page 8 of 13 Computer generated using AutoContrant 7 '", fro m AuloReally, LLC, 1060 W Pipeline, Suite 101, (forst, TX 76053, (800) 322-1178 Clly of CC - Parklane- Ayala - 022916.axm Printed 2:42.32 PM 3/6/2016 Commercial Contract - Unimproved Property concerning 4600 Arlene Dr., CC TX Parklane Park 15. DEFAULT: A. If Buyer fails to comply with this contract, Buyer is in default and Seller, as Seller's sole remedy(ies), may terminate this contract and receive the earnest money, as liquidated damages for Buyer's failure except for any damages resulting from Buyer's inspections, studies or assessments in accordance with Paragraph 7C(3) which Seller may pursue, or (Check if applicable) ❑ enforce specific performance, or seek such other relief as may be provided by law. B. If, without fault, Seller is unable within the time allowed to deliver the estoppel certificates, survey or the commitment, Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; or (2) extend the time for performance up to 15 days and the closing will be extended as necessary. C. Except as provided in Paragraph 15B, if Seller fails to comply with this contract, Seller is in default and Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; - (-2} $q#eres spaGific-peaax444a14Q,e; seeks a .e-tia# as may be pr-euida(4 by 1wuw, tae b. 16. CONDEMNATION: If before closing, condemnation proceedings are commenced against any part of the Property, Buyer may: A. terminate this contract by providing written notice to Seller within 15 days after Buyer is advised of the condemnation proceedings and the earnest money, less any independent consideration paid under Paragraph 7B(1), will be refunded to Buyer; or B. appear and defend in the condemnation proceedings and any award will, at Buyer's election, belong to: (1) Seller and the sales price will be reduced by the same amount; or (2) Buyer and the sales price will not be reduced. 17. ATTORNEY'S FEES: If Buyer, Seller, any broker, or the title company is a prevailing party in any legal proceeding brought under or with relation to this contract or this transaction, such party is entitled to recover from the non -prevailing parties all costs of such proceeding and reasonable attorney's fees. This Paragraph 17 survives termination of this contract. 18. ESCROW: A. At closing, the earnest money will be applied first to any cash down payment, then to Buyer's closing costs, and any excess will be refunded to Buyer. If no closing occurs, the title company may require payment of unpaid expenses incurred on behalf of the parties and a written release of liability of the title company from all parties. B. If one party makes written demand for the earnest money, the title company will give notice of the demand by providing to the other party a copy of the demand. If the title company does not receive written objection to the demand from the other party within 15 days after the date the title company sent the demand to the other party, the title company may disburse the earnest money to the party making demand, reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money and the title company may pay the same to the creditors. C. The title company will deduct any independent consideration under Paragraph 7B(1) before disbursing any earnest money to Buyer and will pay the independent consideration to Seller. D. If the title company complies with this Paragraph 18, each party hereby releases the title company from all claims related to the disbursal of the earnest money. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer _ iqb, C- Page 9 of 13 Computer generated using AuloConlract 7 '", from Auto Really, LLC. 1060 W Pipe One, Suite 101, Hurst, D< 76053, (BDO) 322-1170 Cily of CC - Parklane - Ayala - 022916.axm Pnned 2:42'33 PM 3/6/2016 Commercial Contract Unimproved Property concerning 4600 Arlene Dr., CC TX Parklane Park E. Notices under this Paragraph 18 must be sent by certified mail, return receipt requested. Notices to the title company are effective upon receipt by the title company. F. Any party who wrongfully fails or refuses to sign a release acceptable to the title company within 7 days after receipt of the request will be liable to the other party for: (i) damages; (ii) the earnest money; (iii) reasonable attorney's fees; and (iv) all costs of suit. G. ❑ Seller ❑ Buyer intend(s) to complete this transaction as a part of an exchange of like -kind properties in accordance with Section 1031 of the Internal Revenue Code, as amended. All expenses in connection with the contemplated exchange will be paid by the exchanging party. The other party will not incur any expense or liability with respect to the exchange. The parties agree to cooperate fully and in good faith to arrange and consummate the exchange so as to comply to the maximum extent feasible with the provisions of Section 1031 of the Internal Revenue Code. The other provisions of this contract will not be affected in the event the contemplated exchange fails to occur. 14. MATER1A.6 FACTS 4-e -the test of Setteest-k+iewledgeaptdetiet�{Giieefr-efrly eee e06.-} ❑ 4. SAlllex is aware 9# an material detests -to -44a -P-rdisierty except as stated +p e atla ed-Ce+:+mersial P•Fepe#y-Gend+#+ef►dtatereel#(-TAR-44Q ❑ B--*eept as etherwicc tided +pthis-eentract, Bette +s-net-awtare-ef: f#} an-y-su bsurface : structures, Bits, ate, springs, ef•-im}pre-vernents; (2) ae-pendi g eF -t-hfeatened titigatieR, ee+ideehfiat+efr, of osccsstnent affecting the-t+repeFty; 0} aR eR i-r-ehmental hazards ef-senditie,r►s —that --material a##eet tho P- e4 (1) whether -the lareper-ty is -en -has deep used #ef -the sterage et dicpesal of hazardeuc matcfiels er #e is waste, a -414h419 site -e -F laf►d#4i, sr eR underground -tanks -ef senta44 efs ; (-6} - whettaef raden, asbestos eentaining +aaatefials, urca ternaafdel�+yde -team insulatieR, +ead lased isa+ 4—tcxie+we#d fte the extent -that it -ad ersely-affeets-he-teal-th of erdieary eecupan#s}, e ether pelf -Wants eF eef►tapa4 4s-ef-any-nature +dew cxict eF eve eiE stet pe 4-1=i8 #2Fepe{ tyi (6) aR wetlands; as de#+Red a#ederel eF-state 48W -8F rcgEitatieR; en -the-PFeiser#y (7) aR 4k+ eafened $F eRdaRgefed spocios .G 4R8if-41a144at $R tho P- eper-fy; (-8} en presef►t eF past infestation of weed destroying in ;sets in -he t epeFty's•+FnpFovoments; (-93—an y ee+itemplated +eatefial elaaRl4es--te .the-42-Feeer-ty of sR Fetfndi+�g arca -that week]. fhatefialiy and detrimentally affeet -t-he erdina-Fy t►se of alae Peer y; (1 ani conditief►. n the Peieer= -that Metates any -law srd+nanse. f9ese>ri3eaRy-e eepfterrs-fie (1) ¢4$}i,A Paragraph efeR addendum.) 20. NOTICES: All notices between the parties under this contract must be in writing and are effective when hand -delivered, mailed by certified mail return receipt requested, or sent by facsimile transmission to the parties addresses or facsimile numbers stated in Paragraph 1. The parties will send copies of any notices to the broker representing the party to whom the notices are sent. ❑ A. Seller also consents to receive any notices by e-mail at Seller's e-mail address stated in Paragraph 1. ❑ B. Buyer also consents to receive any notices by e-mail at Buyer's e-mail address stated in Paragraph 1. 21. DISPUTE RESOLUTION: The parties agree to negotiate in good faith in an effort to resolve any dispute related to this contract that may arise. If the dispute cannot be resolved by negotiation, the parties will submit the dispute to mediation before resorting to arbitration or litigation and will equally share the costs of a mutually acceptable mediator. This paragraph survives termination of this contract. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction. 22. AGREEMENT OF THE PARTIES: A. This contract is binding on the parties, their heirs, executors, representatives, successors, and permitted assigns. This contract is to be construed in accordance with the laws of the State of Texas. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer QQ .- , _ R • r.. Page 10 of 13 Computer generated using AuloContract 7 '", from Auto Realty, LLC, 1060 W Pipe Bre Suite 101, Hurst, TX 76053, (000) 322-1178 City of CC - Parklane - Ayala - 022916 axm Printed 2,12 33 PM 3/6/2016 Commercial Contract - Unimproved Property concerning 4600 Arlene Dr., CC TX Parklane Park If any term or condition of this contract shall be held to be invalid or unenforceable, the remainder of this contract shall not be affected thereby. B. This contract contains the entire agreement of the parties and may not be changed except in writing. C. If this contract is executed in a number of identical counterparts, each counterpart is an original and all counterparts, collectively, constitute one agreement. D. Addenda which are part of this contract are: (Check all that apply.) • (1) Property Description Exhibit identified in Paragraph 2; ❑ (2) 4emmorcial -Gegtract t=iriansigg endum-fI AR -4-934}; ❑ (-3-} 6e erete+ P roue ffy Con-d+tie1r- atefer Aft 4408); ❑ (-4+ Q,emmercial 4ex4tr,1s4-Addeedu #aK�pesial-Provisis+-4s-4€444414); ❑ (5) N44tico #a RFs#asef e# Roal Prope44+r4 a Watef f3ist ist-+MUD}. ❑ (g-) madam for -Geastat Area Propo4y (4=A44 4944); ❑ (7) Adde1444 fefgaper 1e atedeeawa,de#4.14 41,14 IntracoastalWatefway TAR 1016); • (8) Information About Brokerage Services (TAR -2501); and • (9) See Attached Addendum to Contract and Exhibit B. (Note: Counsel for the Texas Association of REALTORS® (TAR) has determined that any of the foregoing addenda which are promulgated by the Texas Real Estate Commission (TREC) or published by TAR are appropriate for use with this form.) E. Buyer may ❑ may not assign this contract. If Buyer assigns this contract, Buyer will be relieved of any future liability under this contract only if the assignee assumes, in writing, all obligations and liability of Buyer under this contract. 23. TIME: Time is of the essence in this contract. The parties require strict compliance with the times for performance. If the last day to perform under a provision of this contract falls on a Saturday, Sunday, or legal holiday, the time for performance is extended until the end of the next day which is not a Saturday, Sunday, or legal holiday. 24. EFFECTIVE DATE: The effective date of this contract for the purpose of performance of all obligations is the date the title company receipts this contract after all parties execute this contract. 25. ADDITIONAL NOTICES: A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a title policy. B. If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fees of the district before final execution of this contract. C. Notice Required by §13.257, Water Code: "The real property, described below, that you are about to purchase may be located in a certificated water or sewer service area, which is authorized by law to provide water or sewer service to the properties in the certificated area. If your property is located in a certificated area there may be special costs or charges that you will be required to pay before you can receive water or sewer service. There may be a period required to construct lines or other facilities necessary to provide water or sewer service to your property. You are advised to determine if the property is in a certificated area and contact the utility service provider to determine the cost that you will be required to pay and the period, if any, that is required to provide water or sewer service to your property. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or before the execution of a binding contract for the purchase of the real property described in the notice or at closing of purchase of the real property." The real property is described in Paragraph 2 of this contract. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer k1_ . «. C • Page 11 of 13 Computer generated using AuloConlracl 7 '", from AuloRealty, LLC, 1060 W Pipeline Suite 101, Hurst, TX 76053, (600) 322-1176 City of CC - Parklane -Ayala - 022916 axm Prated 2 42 34 PM 3/0/2016 Commercial Contract - Unimproved Property concerning 4600 Arlene Dr., CC TX Parkl an e Pak D. If the Property adjoins or shares a common boundary with the tidally influenced submerged lands of the state, §33.135 of the Texas Natural Resources Code requires a notice regarding coastal area property to be included as part of this contract. E. If the Property is located seaward of the Gulf Intracoastal Waterway, §61.025, Texas Natural Resources Code, requires a notice regarding the seaward location of the Property to be included as part of this contract. F. If the Property is located outside the limits of a municipality, the Property may now or later be included in the extra -territorial jurisdiction (ETJ) of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and ETJ. To determine if the Property is located within a municipality's ETJ, Buyer should contact all municipalities located in the general proximity of the Property for further information. G. Brokers are not qualified to perform property inspections, surveys, engineering studies, environmental assessments, or inspections to determine compliance with zoning, governmental regulations, or laws. Buyer should seek experts to perform such services. Buyer should review local building codes, ordinances and other applicable laws to determine their effect on the Property. Selection of experts, inspectors, and repairmen is the responsibility of Buyer and not the brokers. Brokers are not qualified to determine the credit worthiness of the parties. H. NOTICE OF WATER LEVEL FLUCTUATIONS: If the Property adjoins an impoundment of water, including a reservoir or lake, constructed and maintained under Chapter 11, Water Code, that has a storage capacity of at least 5,000 acre-feet at the impoundment's normal operating level, Seller hereby notifies Buyer: "The water level of the impoundment of water adjoining the Property fluctuates for various reasons, including as a result of: (1) an entity lawfully exercising its right to use the water stored in the impoundment; or (2) drought or flood conditions." 26. CONTRACT AS OFFER: The execution of this contract by the first party constitutes an offer to buy or sell the Property. Unless the other party accepts the offer by 5:00 p.m., in the time zone in which the Property is located, on , the offer will lapse and become null and void. READ THIS CONTRACT CAREFULLY. The brokers and agents make no representation or recommendation as to the legal sufficiency, legal effect, or tax consequences of this document or transaction. CONSULT your attorney BEFORE signing. Seller: City of Corpus Christi, a Texas municipal corporation Buyer: Albert Ayala & Roberto Cardenas By:_ By: A.4k --f P: By (signature): By (signature) Printed Name: Printed Name: Title: Title: c". By: By: By (signature): Printed Name: Title: (TAR -1802) 1-1-16 Computer generated us mg AuloContracl 7 from AuIoReally, LLC, 1060 W Pipeline, Suite 101, Hurst, I) 76053, (600) 322-1178 By (signature): Printed Name: 42....D At (D12_4O cut Title: C — 6ct\ed Page 12 of 13 City of CC - Parklane - Ayala - 022916.axm Parted 2,42.34 PM 3/6/2016 Commercial Contract - Unimproved Property concerning AGREEMENT BETWEEN BROKERS (use only if Paragraph 9B(1) is effective) Principal Broker agrees to pay ATC Metro Properties (Cooperating Broker) a fee when the Principal Broker's fee is received. The fee to be paid to Cooperating Broker will be: ❑ $ . or 2.25 % of the sales price, or ❑ % of the Principal Broker's fee. The title company is authorized and directed to pay Cooperating Broker from Principal Broker's fee at closing. This Agreement Between Brokers supersedes any prior offers and agreements for compensation between brokers. Principal Broker: The Clower Company c/o George B - Cooperating Broker: ATC Metro Properties c/o Al Ayala Clower By: By: Seller's attorney: Address: ATTORNEYS Phone & Fax: E-mail: Seller's attorney requests copies of documents, notices, and other information: ❑ the title company sends to Seller. ❑ Buyer sends to Seller. Buyer's attorney: Address: Phone & Fax: E -mail - Buyer's attorney requests copies of documents, notices, and other information: ❑ the title company sends to Buyer. ❑ Seller sends to Buyer. ESCROW RECEIPT The title company acknowledges receipt of: ❑ A. the contract on this day ❑ B. earnest money in the amount of $ 1,000.00 in the form of Title company: Bay Area Title Services (effective date); on Address: 5926 S. Staples St., Corpus Christi, Texas 78413 By: Phone & Fax: Assigned file number (GF#): E-mail: (TAR -1802) 1-1-16 Computer generated using AutoConlract 7 '", from AuioReally, LLC, 1060 W Pipeline, Suite 101, Hunt, TX 76053, (800) 322-1176 Page 13 of 13 City or CC - Parklane -Ayala - 022016.asm Printed 24234 PM 3/6/2016 ADDENDUM to COMMERCIAL CONTRACT - UNIMPROVED PROPERTY between THE CITY OF CORPUS CHRISTI ("SELLER") and ALBERT AYALA & ROBERT CARDENAS ("BUYER") 1. This contract is contingent upon final approval from the Corpus Christi City Council. 2. Buyer acknowledges that the subject property is being sold in its AS IS WHERE IS condition with any and all faults per the addendum attached hereto as Exhibit B. 3. Buyer, at Buyer's sole expense, shall be responsible for any and all platting and/or zoning application fees and any associated expenses related to platting or rezoning the said property. 4. If due to factors beyond Seller's control, the commitment and/or the exception documents are not delivered within the time required, either party may terminate this contract and the earnest money be refunded to Buyer, as its sole remedy. 5. Buyer, at Buyer's sole expense during the Feasibility Period will verify with the City of Corpus Christi — Development Services that Buyer's intended use is permitted in the current zoning district of the said property. 6. In regards to Paragraph 17 —ATTORNEY FEES: the last sentence shall be modified to read as followed: "This Paragraph 17 survives termination of this contract, however, the Seller shall not be liable for any such attorney's fees." Seller's Initial's , I3uycr's Initial's AA1 `` • EXHIBIT A Parklane Park — 4600 Arlene Dr. Corpus Christi, Texas t. I 7 I ' 13 !1 A 3 a 19 14 !7 7 Aft 7 Gfr 3 Margo Plaza Park Area, Block 5 (NCAD Tax ID #4778-0005-0100) & Parklane 2 Park 1.209 Exempt (NCAD Tax ID #6431-0006-0080) , Corpus Christi, Nueces County, Texas 0 2` THE GLOWER CO. Realtors Commercial & Industrial Brokerage P U. Box 2525 Corpus CIiristi, Texas 78403-2525 [3611880-4111 office M r Bei _ aay 1. G w 7 : a f t 10 it '' r k4. ?r, 4: _ _mow' "fir ft44 � �- - Margo Plaza Park Area, Block 5 (NCAD Tax ID #4778-0005-0100) & Parklane 2 Park 1.209 Exempt (NCAD Tax ID #6431-0006-0080) , Corpus Christi, Nueces County, Texas 0 2` THE GLOWER CO. Realtors Commercial & Industrial Brokerage P U. Box 2525 Corpus CIiristi, Texas 78403-2525 [3611880-4111 office EXHIBIT "B" "AS -IS" PURCHASE (A) BUYER ACKNOWLEDGES AND AGREES THAT BUYER IS PURCHASING THE PROPERTY "AS -IS" "WHERE -IS" AND "WITH ALL FAULTS" WITHOUT ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES, EITHER EXPRESSED OR IMPLIED, OF ANY KIND, NATURE, OR TYPE WHATSOEVER FROM, OR ON BEHALF OF, SELLER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BUYER ACKNOWLEDGES AND AGREES THAT SELLER HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL IMPLIED WARRANTIES CONCERNING THE CONDITION OF THE PROPERTY AND ANY PORTIONS THEREOF, INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL CONDITIONS, PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS, AND ALSO THE IMPLIED WARRANTIES OF IIABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. (B) BUYER ACKNOWLEDGES AND AGREES THAT BUYER HAS NOT RELIED, AND WILL NOT RELY, UPON ANY REPRESENTATIONS OR WARRANTIES (ORAL OR WRITTEN) MADE BY OR PURPORTEDLY MADE ON BEHALF OF SELLER, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE EXPRESSLY SET FORTH 1N THIS AGREEMENT. (C) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, BUYER AGREES THAT NO REPRESENTATION BY OR ON BEHALF OF SELLER OR THE SELLER'S AGENTS HAVE BEEN MADE TO BUYER AS TO THE CONDITION OF THE PROPERTY, ANY RESTRICTIONS RELATED TO T1IE DEVELOPMENT OF THE PROPERTY, THE APPLICABILITY OF OR COMPLIANCE WITI I ANY GOVERNMENTAL REQUIREMENTS, INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL LAWS, OR THE SUITABILITY OF THE PROPERTY FOR ANY PURPOSE WHATSOEVER. Seller's Initial's , Buyer's Initial's AL. R..0 . Co 4.0 TEXAS ASSOCIATION OF REALTORS COMMERCIAL CONTRACT - UNIMPROVED PROPERTY USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS® IS NOT AUTHORIZED, CTaxas AssocialIon of REALTORS®, Inc. 2016 1. PARTIES: Seller agrees to sell and convey to Buyer the Property described in Paragraph 2. Buyer agrees to buy the Property from Seller for the sales price stated in Paragraph 3. The parties to this contract are: Seller: City of Corpus Christi, a Texas municipal corporation Address: 1201 Leopard St. Corpus Christi, Texas 78401 Phone: E-mail: Fax: Other: Buyer: 4625 No. 3, Ltd., a Texas limited partnership Address: 6115 Owens St., #204 Dallas, Texas 75235 Phone: 91-1-1,04- 6'h E-mail: chase@sparkleam.com Fax: Other: 2. PROPERTY: A. "Property" means that real property situated in Nueces County, Texas at 1750 Paul Jones Rd., CC TX Peary Park and that is legally described on the attached Exhibit or as follows: (address) A tract of land located at 1750 Paul Jones Road known as Peary Park being legally described Peary Place Unit 1, Corpus Christi, Nueces County, Texas with any and all improvements contained thereon. See Exhibit "A" attached hereto. B. Seller will sell and convey the Property together with: (1) all rights, privileges, and appurtenances pertaining to the Property, including Seller's right, title, and interest -in, utilities, adjacent streets, alleys, strips, gores, and rights of wa (2) Seller's interest in all leases, rents, and security deposits for all or part of the Property; and (3) Seller's interest in all licenses and permits related to the Property. (Describe any exceptions, reservations, or restrictions in Paragraph 12 or an addendum.) (If mineral rights are to be reserved an appropriate addendum should be attached.) 3. SALES PRICE: A. At or before closing, Buyer will pay the following sales price for the Property: (1) Cash portion payable by Buyer at closing $ 36,000.00 (2) Sum of all financing described in Paragraph 4 $ 0.00 (3) Sales price (sum of 3A(1) and 3A(2)) $ (TAR -1802) 1-1-16 Initialed for identification by Seller _ 36,000.00 and Buyer G1^- , Page 1 of 13 Med using PYI9Contfae1 7 ". from AutORealty, LLC, 1060 W. Pipeline, Suite 141. t-Ilrot. TX 76953. {909} 322-1178 C f CC - PerWene City o Ayala - 922916.axni P4nted 9:28:50 PM 4/1!2911 Commercial Contract - Unimproved Property concerning 1750 Paul Jones Rd., CC TX Peary Park B. Adjustment to Sales Price: (Check (1) or (2) only.) (1) The sales price will not be adjusted based on a survey. U (2) The sales price will be adjusted based on the latest survey obtained under Paragraph 6B. (a) The sales price is calculated on the basis of $ ❑ (i) square foot of 0 total area D net area. O (11) acre of ❑ total area 0 net area. NIA per: (b) "Total area" means all land area within the perimeter boundaries of the Property. "Net area" means total area less any area of the Property within: ❑ (i) public roadways; O (n) rights-of-way and easements other than those that directly provide utility services to the Property; and ❑ (iii) N/A (c) If the sales price is adjusted by more than NI/A% of the stated sales price, either party may terminate this contract by providing written notice to the other party within NJA days after the terminating party receives the survey. If neither party terminates this contract or if the variance is less than the stated percentage, the adjustment to the sales price will be made to the cash portion of the sales price payable by Buyer. 4. FINANCING: Buyer will finance the portion of the sales price under Paragraph 3A(2) as follows: A. Third Party Financing: One or more third party loans in the total amount of $ . This contract: ❑ (1) is not contingent upon Buyer obtaining third party financing. © (2) is contingent upon Buyer obtaining third party financing in accordance with the attached Commercial Contract Financing Addendum (TAR -1931), O B. Assumption: In accordance with the attached Commercial Contract Financing Addendum (TAR -1931), Buyer will assume the existing promissory note secured by the Property, which balance at dosing will be $ _ NIA ❑ C. Seller Financing: The delivery of a promissory note and deed of trust to Seller under the terms of the attached Commercial Contract Financing Addendum (TAR -1931) in the amount of $ NIA. 5. EARNEST MONEY: A. Not later than 3 days after the effective date, Buyer must deposit $ 500,00 as earnest money with Bay Area Title Services (title company) at 5926 5. Staples St., Corpus Christi, Texas 78413(address) Julie Jensen (closer). If Buyer fails to timely deposit the earnest money, Seller may terminate this contract or exercise any of Seller's other remedies under Paragraph 15 by providing written notice to Buyer before Buyer deposits the earnest money. B. Buyer will deposit an additional amount of $ 0.00 with the title company to be made part of the earnest money on or before: ❑ (i) NIA days after Buyer's right to terminate under Paragraph 7B expires; or O (ii) NIA Buyer will be in default if Buyer fails to deposit the additional amount required by this Paragraph 5B within 3 days after Seller notifies Buyer that Buyer has not timely deposited the additional amount. (TAR -1802) 1-1-16 Initiated For Identification by Seller Con -Deter generated tieing MdvCordracr 7 i', tram MmoReaKy. LLC, 1960 W PipeVng, Sulfa 181. Mist, TX 76053, j800j 322.1178 and Buyer Page 2 of 13 City o[CC - Panne igryJi - 022916.asrr1 Printed: 9-2E:50 PM 3?1/2816 Commercial Contract - Unimproved Property concerning 1750 Paul Jones Rd., CC TX Peary Park C. Buyer may instruct the title company to deposit the earnest money in an interest-bearing account at a federally insured financial institution and to credit any interest to Buyer. 6. TITLE POLICY AND SURVEY: A. Title Policy: (1) Seller, at Seller's expense, will furnish Buyer an Owner's Policy of Title Insurance (the title policy) issued by any underwriter of the title company in the amount of the sales price, dated at or after closing, insuring Buyer against loss under the title policy, subject only to: (a) those title exceptions permitted by this contract or as may be approved by Buyer in writing; and (b) the standard printed exceptions contained in the promulgated form of title policy unless this contract provides otherwise. (2) The standard printed exception as to discrepancies, conflicts, or shortages in area and boundary lines, or any encroachments or protrusions, or any overlapping improvements: (a) will not be amended or deleted from the title policy. ❑ (b) will be amended to read "shortages in areas" at the expense of ❑ Buyer D Seller. (3) Within 5 days after the effective date, Seller will furnish Buyer a commitment for title insurance (the commitment) including legible copies of recorded documents evidencing title exceptions. Seller authorizes the title company to deliver the commitment and related documents to Buyer at Buyer's address. B. Survey: Within 15 days after the effective date: (1) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of the survey to Seller. The survey must be made in accordance with the: (i) ALTA/ACSM Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category IA survey under the appropriate condition. Seller will reimburse Buyer 0.00 (insert amount) of the cost of the survey at closing, if closing occurs. ❑ (2) Seller, at Seller's expense, will furnish Buyer a survey of the Property dated after the effective date. The survey must be made in accordance with the: (i) ALTA/ACSM Land Title Survey standards, or (11) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. ❑ (3) Seller will deliver to Buyer and the title company a true and correct copy of Seller's most recent survey of the Property along with an affidavit required by the title company for approval of the existing survey. If the existing survey is not acceptable to the title company, Seller, at Seller=s expense, will obtain a new or updated survey acceptable to the title company and deliver the acceptable survey to Buyer and the title company within 20 days after Seller receives notice that the existing survey is not acceptable to the title company. The closing date will be extended daily up to 20 days if necessary for Seller to deliver an acceptable survey within the time required. Buyer will reimburse Seller NJA (insert amount) of the cost of the new or updated survey at closing, if closing occurs. C. Buyers Obiections to the Commitment and Survey: (1) Within 15 days after Buyer receives the commitment, copies of the documents evidencing the title exceptions, and any required survey, Buyer may object in writing to matters disclosed in the items if: (a) the matters disclosed are a restriction upon the Property or constitute a defect or encumbrance to title other than those permitted by this contract or liens that Seller will satisfy at closing or Buyer will assume at closing; or (b) the items show that any part of the Property lies in a special flood hazard area (an "A" or "V" zone as defined by FEMA). If Paragraph 6B(1) applies, (TAR -1802) 1-1-16 Initialed for Identification by Seller Camtu ler genera,ed using AutoConEr act 7 ^', from P1m0Re0lty- LLC, 1040 W. P &1r e, Sulo 171, Wxoi. 13176053.600)322-171 and Buyer CA-- Page 3 of 13 City of CC - Parklane - Ayala - 022614sxrrl Printed: 9:28:51 PM 3/112016 Commercial Contract - Unimproved Property concerning 1750 Paul Jones Rd,, CC TX Peary Park Buyer is deemed to receive the survey on the earlier of: (i) the date of Buyer's actual receipt of the survey; or (ii) of the deadline specified in Paragraph 6B. (2) Seller may, but is not obligated to, cure Buyer's timely objections within 15 days after Seller receives the objections. The closing date will be extended as necessary to provide such time to cure the objections. If Seller fails to cure the objections by the time required, Buyer may terminate this contract by providing written notice to Seller within 5 days after the time by which Seller must cure the objections. If Buyer terminates, the earnest money, less any independent consideration under Paragraph 78(1), will be refunded to Buyer. Buyer's failure to timely object or terminate under this Paragraph 6C is a waiver of Buyer's right to object except that Buyer will not waive the requirements in Schedule C of the commitment. (3) 7. PROPERTY CONDITION: A. Present Condition: Buyer accepts the Property in its present condition except that Seller, at Seller's expense, will complete the following before dosing: None. Buyer accepts the property in its AS IS WHERE IS condition with any and all faults. See Exhibit B. 8, Feasibility Period: Buyer may terminate this contract for any reason within 30 days after the effective date (feasibility period) by providing Seller written notice of termination. (Check only one box.) (i) if Buyer terminates under this Paragraph 78, the earnest money will be refunded to Buyer Tess 300.00 that Seller will retain as independent consideration for Buyer's unrestricted right to terminate. Buyer has tendered the independent consideration to Seller upon payment of the amount specified in Paragraph 5A to the title company. The independent consideration is to be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Paragraph 7B(1) or if Buyer fails to deposit the earnest money, Buyer will not have the right to terminate under this Paragraph 7B. Q (2) Not later than 3 days after the effective date, Buyer must pay Seller $ N/A as independent consideration for Buyer's right to terminate by tendering such amount to Seller or Seller's agent. If Buyer terminates under this Paragraph 76, the earnest money will be refunded to Buyer and Seller will retain the independent consideration. The independent consideration will be credited to the sales price only upon dosing of the sale. If no dollar amount is stated in this Paragraph 7B(2) or if Buver fails to pay the independent consideration, Buver will not have the richt to terminate under this Paragraph 7B. C. Inspections, Studies, or Assessments: (1) During the feasibility period, Buyer, at Buyer's expense, may complete or cause to be completed any and all inspections, studies, or assessments of the Property (including all improvements and fixtures) desired by Buyer. (2) Buyer must: (a) employ only trained and qualified inspectors and assessors; (b) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (c) abide by any reasonable entry rules or requirements of Seller; (d) not interfere with existing operations or occupants of the Property; and (e) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. (TAR -1802) 1-1-16 Initialed for Identification by Seller Conpltet generated using AutoCnntratt 7 ti, ham AuI Ready. LLC, 1060 W, Pipeline. Suite 101 Hunt, T% 76653, Cam 322.1178 and Buyer G— Page 4 of 13 C118 of CC - Parklana - Ayala - 222918. axmi Prinle8: 8:28:51 PM 311/2016 Commercial Contract - Unimproved Property concerning 1750 Paul Jones Rd., CC TX Peary Park (3) Except for those matters that arise from the negligence of Seller or Seller's agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from Buyer's inspections, studies, or assessments, including any property damage or personal injury. Buyer will indemnify, hold harmless, and defend Seller and Seller's agents against any claim involving a matter for which Buyer is responsible under this paragraph. This paragraph survives termination of this contract. D. Property Information: (1) Delivery of Property Information: Within 10 days after the effective date, Seller will deliver to Buyer: (Check all that apply.) D (a) copioc of all current loacoc portaining to the Proporty, including any modifications, supploments, or amondmontc to tho leasee; ❑ (b) copies of all natos and deeds of trust against tho Property that Buyer will assume or that Seller will not pay in full on or before closing: _e madam on or relating to the Proporty; ___arwr _ a±_ _ • (e) plats of the Property; ❑ (f) copies of curront utility capacity letters from the Property's water and sowor corvico provider; ap+el i (g) if any of the above is in Seller's possession orcontrol. (2) Return of Property Information: If this contract terminates for any reason, Buyer will, not later than 10 days after the termination date: (Check all that apply.) ❑ (a) return to Seller all those items described in Paragraph 7D(1) that Seller delivered to Buyer in other than an electronic format and ail copies that Buyer made of those items: (b) delete or destroy all electronic versions of those items described in Paragraph 7D(1) that Seller delivered to Buyer or Buyer copied; and • (c) deliver copies of all inspection and assessment reports related to the Property that Buyer completed or caused to be completed. This Paragraph 7D(2) survives termination of this contract. E. Contracts Affecting Operations: Until closing, Seller: (1) will operate the Property in the same manner as on the effective date under reasonably prudent business standards; and (2) will not transfer or dispose of any part of the Property, any interest or right in the Property, or any of the personal property or other items described in Paragraph 2B or sold under this contract. After the feasibility period ends, Seller may not enter into, amend, or terminate any other contract that affects the operations of the Property without Buyer's written approval. 8. LEASES: A. Each written lease Seller is to assign to Buyer under this contract must be in full force and effect according to its terms. Seller may not enter into any new lease, fail to comply with any existing lease, or make any amendment or modification to any existing lease without Buyer's written consent. Seller must disclose, in writing, if any of the following exist at the time Seller provides the leases to the Buyer or subsequently occur before closing: (1) any failure by Seller to comply with Seller's obligations under the leases: (2) any circumstances under any lease that entitle the tenant to terminate the lease or seek any offsets or damages: (3) any advance sums paid by a tenant under any lease; (4) any concessions, bonuses, free rents, rebates, brokerage commissions, or other matters that affect any lease: and (TAR -1502) 1-1-16 Initialed for Identification by Seller , _ and Buyer Page 5 of 13 CorrpWer generated using °Contract 7 'Y. hut 1 ealry. LLC. 1760 W Pyxline. Suite 10l. Host. TX 76053. 70001 122-1176 Cay ad CC - Perk6ane - Ayala - 022916.a><i*1' Prlrrted. 926.51 PAP 311/2016 Commercial Contract - Unimproved Property concerning 1750 Paul Jones Rd., CC TX Peary Park (5) any amounts payable under the leases that have been assigned or encumbered, except as security for loan(s) assumed or taken subject to under this contract. B. Estoppel Cortificates: Within - days aftor tho offectiva , Sailor will delivar to Buyor ostoppel certificates signod not oarlior than by oach tonant that loacoc cpaco by a third party lander providing financing under Paragraph 4 if the third party lender roqucote such additional information at loact 10 days prior to tho carlioct dato that Sailor may dolivor tho cigl od ostoppol cortificatgs, 9. BROKERS: A. The brokers to this sale are: Principal Broker:The Clower Company Cooperating Broker: ATC Metro Properties Agent:George B. Clower Agent:AI Ayala Address: P•©• Box 2525 Address:5034 Holly Road Corpus Christi, Texas 78403 Corpus Christi, Texas 78411 Phone & Fax:361-880-4111 361-880-4118 Phone & Fax:361-994-9393 E-mail: austin@allenreadvi E-mail: alayalahornes@gmail.com License No.:428055 License No. :9000777 Principal Broker: (Check only one box) Cooperating Broker represents Buyer. represents Seller only. La represents Buyer only, D is an intermediary between Seller and Buyer. B. Fees: (Check only (1) or (2) below.) (Complete the Agreement Between Brokers on page 13 only if (1) is selected.) (1) Seller will pay Principal Broker the fee specified by separate written commission agreement between Principal Broker and Seller. Principal Broker will pay Cooperating Broker the fee specified in the Agreement Between Brokers found below the parties' signatures to this contract. (2) At the closing of this sale, Seller will pay: Principal Broker a total cash fee of: j N/A % of the sales price. ❑ N/A Cooperating Broker a total cash fee of: ❑ NIA % of the sales price. . ❑ NIA The cash fees will be paid in Nueces County, Texas. Seller authorizes the title company to pay the brokers from the Seller's proceeds at closing. NOTICE: Chapter 62, Texas Property Code, authorizes a broker to secure an earned commission with a lien against the Property. C. The parties may not amend this Paragraph 9 without the written consent of the brokers affected by the amendment. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer at Page 6 of 13 Computer generated using AutoCpr tract 7 "' kom P stoReatty LLC, 1064 1N Proe}ne. Suite 14*, Hurst. TX 76653, 18601 322 ' 170 City of CC - Parida ne - Ayala • 622616 aliM Printed: 9:20:52 Ph1 3111291 Commercial Contract - Unimproved Property concerning 1750 Paul Jones Rd., CC TX Peary Park. 10. CLOSING: A. The date of the closing of the sale (closing date) will be on or before the later of: (1) fifteen (15) days after the expiration of the feasibility period. ❑ NIA (specific date). ❑ NIA (2) 7 days after objections made under Paragraph 6C have been cured or waived. B. If either party #ails to close by the closing date, the non -defaulting party may exercise the remedies in Paragraph 15. C. At closing, Seller will execute and deliver, at Seller's expense, a ❑ general special warranty deed. The deed must include a vendor's hen if any part of the sales price is financed. The deed must convey good and indefeasible title to the Property and show no exceptions other than those permitted under Paragraph 6 or other provisions of this contract. Seller must convey the Property: (1) with no liens, assessments, or other security interests against the Property which will not be satisfied out of the sales price, unless securing loans Buyer assumes; (2) without any assumed loans in default; and (3) with no persons in possession of any part of the Property as lessees, tenants at sufferance, or trespassers except tenants under the written leases assigned to Buyer under this contract. D. At closing, Seller, at Seller's expense, will also deliver to Buyer: (1) tax statements showing no delinquent taxes on the Property; (2) an assignment of all leases to or on the Property; (3) to the extent assignable, an assignment to Buyer of any licenses and permits related to the Property; (4) evidence that the person executing this contract is legally capable and authorized to bind Seller; (5) an affidavit acceptable to the title company stating that Seller is not a foreign person or, if Seller is a foreign person, a written authorization for the title company to: (i) withhold from Seller's proceeds an amount sufficient to comply applicable tax law; and (ii) deliver the amount to the Internal Revenue Service (IRS) together with appropriate tax forms; and (6) any notices, statements, certificates, affidavits, releases, and other documents required by this contract, the commitment, or law necessary for the closing of the sale and issuance of the title policy, all of which must be completed by Seller as necessary. E. At closing, Buyer will: (1) pay the sales price in good funds acceptable to the title company; (2) deliver evidence that the person executing this contract is legally capable and authorized to bind Buyer; (3) sign and send to each tenant in a lease for any part of the Property a written statement that: (a) acknowledges Buyer has received and is responsible for the tenant's security deposit; and (b) specifies the exact dollar amount of the security deposit; (4) sign an assumption of all leases then in effect; and (5) execute and deliver any notices, statements, certificates, or other documents required by this contract or law necessary to close the sale. F. Unless the parties agree otherwise, the closing documents will be as found in the basic forms in the current edition of the State Bar of Texas Real Estate Forms Manual without any additional clauses. 11. POSSESSION: Seller will deliver possession of the Property to Buyer upon closing and funding of this sale in its present condition with any repairs Seller is obligated to complete under this contract, ordinary wear and tear excepted. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written lease agreement is a landlord -tenant at sufferance relationship between the parties. (TAR -1802) 1-1-16 Initialed for Identification by Beller and Buyer Page 7 of 13 Computer generated using APeContrect 7 ". Som AutoReafly. LLC. 1060 W. Pipefne. Suite 10i. Hurst, TX 76053. 0001322-1170 City of CC . ParMine - Ayeia 022916.aarri Pi,0ed: 9076:53 PM 3!107016 Commercial Contract - Unimproved Property concerning 1754 Paul Janes Rd., CC TX Peary Park 12. SPECIAL PROVISIONS: The following special provisions apply and will control in the event of a conflict with other provisions of this contract. (If special provisions are contained in an Addendum, identify the Addendum here and reference the Addendum in Paragraph 22D.) See attached Addendum to Commercial Contract attached hereto. 13. SALES EXPENSES: A. Seller's Expenses: Seller will pay for the following at or before closing: (1) releases of existing liens, other than those liens assumed by Buyer, including prepayment penalties and recording fees; (2) release of Seller's loan liability, if applicable; (3) tax statements or certificates; (4) preparation of the deed; (5) one-half of any escrow fee; (6) costs to record any documents to cure title objections that Seller must cure; and (7) other expenses that Seller will pay under other provisions of this contract. B. Buyer's Expenses: Buyer will pay for the following at or before closing: (1) all loan expenses and fees; (2) preparation of any deed of trust; (3) recording fees for the deed and any deed of trust; (4) premiums for flood insurance as may be required by Buyer's lender; (5) one-half of any escrow fee; (6) other expenses that Buyer will pay under other provisions of this contract. 14. PRORATIONS: A. Prorations: (1) Interest on any assumed loan, taxes, rents, and any expense reimbursements from tenants will be prorated through the closing date. (2) If the amount of ad valorem taxes for tree year in which the sale closes is not available on the closing date, taxes will be prorated on the basis of taxes assessed in the previous year. If the taxes for the year in which the sale closes vary from the amount prorated at closing, the parties will adjust the prorations when the tax statements for the year in which the sale closes become available. This Paragraph 14A(2) survives closing. (3) If Buyer assumes a loan or is taking the Property subject to an existing lien, Seller will transfer all reserve deposits held by the lender for the payment of taxes, insurance premiums, and other charges to Buyer at closing and Buyer will reimburse such amounts to Seller by an appropriate adjustment at closing. B. Rollback Taxes: If Seller's use or change in use of the Property before closing results in the assessment of additional taxes, penalties, or interest (assessments) for periods before closing, the assessments will be the obligation of the Seller. If this sale or Buyer's use of the Property after closing results in additional assessments for periods before closing, the assessments will be the obligation of Buyer. This Paragraph 14B survives closing. C. Rent and Security Deposits: At closing„ Seller will tender to Buyer all security deposits and the following advance payments received by Seller for periods after closing: prepaid expenses, advance rental payments, and other advance payments paid by tenants. Rents prorated to one party but received by the other party will be remitted by the recipient to the party to whom it was prorated within 5 days after the rent is received. This Paragraph 14C survives closing. (TAR -1802) 1-1-16 initialed for Identification by Seller and Buyer CA , Page 8 of 13 Computer geOereted using AutoContrect 7 "', from iWaFiealty. LLC, 1080 W. Plpekne, Stets 101 _ F6na1. TX 76053. j800# 722-1178 Clly a! CC - Parklane - Ayala 82291fi.am1 P'Meb: 6:28.53 PM 3f14016 Commercial Contract - Unimproved Property concerning 1750 Paul Jones Rd., CC TX Peary Park 15. DEFAULT: A. If Buyer fails to comply with this contract, Buyer is in default and Seller, as Seller's sole remedy(ies), may terminate this contract and receive the earnest money, as liquidated damages for Buyer's failure except for any damages resulting from Buyer's inspections, studies or assessments in accordance with Paragraph 7C(3) which Seller may pursue, or (Check if applicable) ❑ enforce specific performance, or seek such other relief as may be provided by law. B. If, without fault, Seller is unable within the time allowed to deliver the estoppel certificates, survey or the commitment, Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; or (2) extend the time for performance up to 15 days and the closing will be extended as necessary. C. Except as provided in Paragraph 15B, if Seller fails to comply with this contract, Seller is in default and Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; of- 16. CONDEMNATION: If before closing, condemnation proceedings are commenced against any part of the Property, Buyer may: A. terminate this contract by providing written notice to Seller within 15 days after Buyer is advised of the condemnation proceedings and the earnest money, less any independent consideration paid under Paragraph 7B(1), will be refunded to Buyer; or B. appear and defend in the condemnation proceedings and any award will, at Buyer's election, belong to; (1) Seller and the sales price will be reduced by the same amount; or (2) Buyer and the sales price will not be reduced. 17. ATTORNEY'S FEES: if Buyer, Seller, any broker, or the title company is a prevailing party in any legal proceeding brought under or with relation to this contract or this transaction, such party is entitled to recover from the non -prevailing parties all costs of such proceeding and reasonable attorney's fees. This Paragraph 17 survives termination of this contract. 18. ESCROW: A. At closing, the earnest money will be applied first to any cash down payment, then to Buyer's closing costs, and any excess will be refunded to Buyer. If no closing occurs, the title company may require payment of unpaid expenses incurred on behalf of the parties and a written release of liability of the title company from all parties. B. If one party makes written demand for the earnest money, the title company will give notice of the demand by providing to the other party a copy of the demand. If the title company does not receive written objection to the demand from the other party within 15 days after the date the title company sent the demand to the other party, the title company may disburse the earnest money to the party making demand, reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money and the title company may pay the same to the creditors. C. The title company will deduct any independent consideration under Paragraph 7B(1) before disbursing any earnest money to Buyer and will pay the independent consideration to Seller. D. If the title company complies with this Paragraph 18, each party hereby releases the title company from all claims related to the disbursal of the earnest money. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer Page 9 of 13 Computer generalea ming PutuCerdract 7 from AutoReaily. LLC, 1066 W. PimokrM, Suile 101. Hurt. TX 76057, (000) 7281170 City or CC - Parklane • Ayala 022016-aorr Printer!: 9:29:53 PM 711!2016 Commercial Contract - Unimproved Property concerning 1750 Paul Jones Rd.. CC TX Peary Park E. Notices under this Paragraph 18 must be sent by certified mail, return receipt requested. Notices to the title company are effective upon receipt by the title company. F. Any party who wrongfully fails or refuses to sign a release acceptable to the title company within 7 days after receipt of the request will be liable to the other party for: (1) damages; (ii) the earnest money; (iii) reasonable attorney's fees; and (iv) all costs of suit. G. ❑ Seller J Buyer intend(s) to complete this transaction as a part of an exchange of like -kind properties in accordance with Section 1031 of the Internal Revenue Code, as amended. All expenses in connection with the contemplated exchange will be paid by the exchanging party. The other party will not incur any expense or liability with respect to the exchange. The parties agree to cooperate fully and in good faith to arrange and consummate the exchange so as to comply to the maximum extent feasible with the provisions of Section 1031 of the Internal Revenue Code. The other provisions of this contract will not be affected in the event the contemplated exchange fails to occur. 19. RAATERIAL. FACTS: To the best of Seller's knowledge and belief_ (Check only -one box.) V Property Condition Statement (TAR 1408). ❑ B. Except as otherwise provided in this contract, Seller is rot aware of: (1) any subsurface: str-ucturcv, pits, waste, springs, or improvcmcnto; (2) any pending or threatened litigation, condemnation. er asocosmcnt affecting the Property; (3) any environmental hazards or eonditionc-that materially affect the Property: (5) whether radon, asbestos containing materials, uroo formaldehyde foam insulation, laid bacoei paint, toxic mold (to the extent that It adversely affects the wealth of ordinary occupants), or other pollutants or contaminants of any nature naw cxict or ever existed on the Property; any wetlands, as defined by federal or state law or regulation. on the Property; any threatened or endangered epodes or their habitat on tho Property: any present or past infestation of wood destroying insects in tho Pfoporty'c improvements; any contemplated material changes to the Property or surrounding area that would materially and detrimentally affect the ordinary uco of the Property; any condition on the Property that violatoc any law or ar 1. n . (Dc.acribc any exceptions to (1) (1.0) in Paragraph 12 or an addendum.) 20. NOTICES: All notices between the parties under this contract must be in writing and are effective when hand -delivered, mailed by certified mail return receipt requested, or sent by facsimile transmission to the parties addresses or facsimile numbers stated in Paragraph 1. The parties will send copies of any notices to the broker representing the party to whom the notices are sent. ❑ A. Seiler also consents to receive any notices by e-mail at Seller's e-mail address stated in Paragraph 1. B. Buyer also consents to receive any notices by e-mail at Buyer's e-mail address stated in Paragraph 1. 21. DISPUTE RESOLUTION: The parties agree to negotiate in good faith in an effort to resolve any dispute related to this contract that may arise. If the dispute cannot be resolved by negotiation, the parties will submit the dispute to mediation before resorting to arbitration or litigation and will equally share the costs of a mutually acceptable mediator. This paragraph survives termination of this contract. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction. 22. AGREEMENT OF THE PARTIES: A. This contract is binding on the parties. their heirs, executors, representatives. successors, and permitted assigns. This contract is to be construed in accordance with the laws of the State of Texas. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer 'rte Page 10 of 13 Computer generated using Pana Conhact 7 ". Rum PadoRearry. LLC. 1 on W. Pipebne. S,, a 101. Hurst. r% 76053, ROM a22-1178 CO of CC • Parklane - Aysia • 622916.exa1 Printed: 928:53 PM 3/1f20%6 Commercial Contract - Unimproved Property concerning 1750 Paul Jones Rd., CC TX Peary Park If any term or condition of this contract shall be held to be invalid or unenforceable, the remainder of this contract shall not be affected thereby. B. This contract contains the entire agreement of the parties and may not be changed except in writing. C. If this contract is executed in a number of identical counterparts, each counterpart is an original and all counterparts, collectively, constitute one agreement. D. Addenda which are part of this contract are: (Check all that apply.) U (1) Property Description Exhibit identified in Paragraph 2; • (2) Commorcial Contract Financing Addendum- (TAR 1931); ❑ (3) Commercial Property Condition Statement (TAD 1408)-; ❑ (1) Commercial Contract Addendum for Special Provisions (TAR 19'10); • (€-) ,Notice to Purchasor of Real Properly in a Water District (MUD); ❑ (6) Addendum for Coaetal Area Property (TAR 1915); ❑ (7) Addendum for Property Located Seaward of the Gulf Intracoa:-tat Waterway (TAR 1916); • (8) Information About Brokerage Services (TAR -2501); and • (9) See Attached Addendum to Contract and Exhibit B. (Note: Counsel far the Texas Association of REALTORS (TAR) has determined that any of the foregoing addenda which are promulgated by the Texas Real Estate Commission (TREC) or published by TAR are appropriate for use with this form.) E. Buyer In may ❑ may not assign this contract. If Buyer assigns this contract, Buyer will be relieved of any future liability under this contract only if the assignee assumes, in writing, all obligations and liability of Buyer under this contract. 23. TIME: Time is of the essence in this contract. The parties require strict compliance with the times for performance, If the last day to perform under a provision of this contract falls on a Saturday, Sunday, or legal holiday, the time for performance is extended until the end of the next day which is not a Saturday, Sunday, or legal holiday. 24. EFFECTIVE DATE: The effective date of this contract for the purpose of performance of all obligations is the date the title company receipts this contract after all parties execute this contract. 25. ADDITIONAL NOTICES: A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a title policy. B. If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fees of the district before final execution of this contract. C. Notice Required by §13.257, Water Code: "The real property, described below, that you are about to purchase may be located in a certificated water or sewer service area, which is authorized by law to provide water or sewer service to the properties in the certificated area. If your property is located in a certificated area there may be special costs or charges that you will be required to pay before you can receive water or sewer service. There may be a period required to construct lines or other facilities necessary to provide water or sewer service to your property. You are advised to determine if the property is in a certificated area and contact the utility service provider to determine the cost that you will be required to pay and the period, if any, that is required to provide water or sewer service to your property. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or before the execution of a binding contract for the purchase of the real property described in the notice or at closing of purchase of the real property." The real property is described in Paragraph 2 of this contract. (TAR -1802) 1-1-16 Initialed for identification by Seller and Buyer - , Page 11 of 13 Cnrrputer generated ming AutoCaMtad 7 ", Pain ALta Really, LLC, 1060 W Pipeline, $ulte 101. F4 -at. TX 76053. (6130'y 322-1178 City of CC - Parklane - Ayala - 022916.axni P.iruee: 626:54 Phi 3118415 Commercial Contract - Unimproved Property concerning 1750 Paul Jones Rd., CC TX Peary Park D. If the Property adjoins or shares a common boundary with the tidally influenced submerged lands of the state, §33.135 of the Texas Natural Resources Code requires a notice regarding coastal area property to be included as part of this contract. E. If the Property is located seaward of the Gulf Intracoastal Waterway, §51.025, Texas Natural Resources Code, requires a notice regarding the seaward location of the Property to be included as part of this contract. F. If the Property is located outside the limits of a municipality, the Property may now or later be included in the extra -territorial jurisdiction (ETJ) of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and ETJ. To determine if the Property is located within a municipality's ETJ, Buyer should contact all municipalities located in the general proximity of the Property for further information. G. Brokers are not qualified to perform property inspections, surveys, engineering studies, environmental assessments, or inspections to determine compliance with zoning, governmental regulations, or laws. Buyer should seek experts to perform such services. Buyer should review local building codes, ordinances and other applicable laws to determine their effect on the Property. Selection of experts, inspectors, and repairmen is the responsibility of Buyer and not the brokers. Brokers are not qualified to determine the credit worthiness of the parties. H. NOTICE OF WATER LEVEL FLUCTUATIONS: If the Property adjoins an impoundment of water, including a reservoir or lake, constructed and maintained under Chapter 11, Water Code, that has a storage capacity of at least 5,000 acre-feet at the impoundment's normal operating level, Seller hereby notifies Buyer: "The water level of the impoundment of water adjoining the Property fluctuates for various reasons, including as a result of: (1) an entity lawfully exercising its right to use the water stored in the impoundment; or (2) drought or flood conditions." 26. CONTRACT AS OFFER: The execution of this contract by the first party constitutes an offer to buy or sell the Property. Unless the other party accepts the offer by 5:00 p.m., in the time zone in which the Property is located, on , the offer will lapse and become null and void. READ THIS CONTRACT CAREFULLY. The brokers and agents make no representation or recommendation as to the legal sufficiency, legal effect, or tax consequences of this document or transaction. CONSULT your attorney BEFORE signing. Seller: City of Corpus Christi, a Texas municipal corporation Buyer: 4625 No. 3, Ltd., a Texas limited partnership By: By: �q By (signature): Printed Name: Title: By (signature): Printed Name: CHft5C^ f A:1.4 Title: ✓1" By: By: By (signature): By (signature): Printed Name: Printed Name: Title: Title: (TAR -1802) 1-1-16 Page 12 of 13 Computer generated won PuteCoraraci 7 ^'. from Pan Realty, LLC, 1080 W. Pipeline, Suite 101, Aral TX 75053- {000) 322A 178 Qty of CC - Park erbe Ayala - 022916.21rrl Primed: 928:54 PM 3112015 Commercial Contract - Unimproved Property concerning AGREEMENT BETWEEN BROKERS (use only if Paragraph 98(1) is effective) Principal Broker agrees to pay (Cooperating Broker) a fee when the Principal Broker's fee is received. The fee to be paid to Cooperating Broker will be: • $ ,or ❑ % of the sales price, or ❑ % of the Principal Broker's fee. The title company is authorized and directed to pay Cooperating Broker from Principal Broker's fee at closing. This Agreement Between Brokers supersedes any prior offers and agreements for compensation between brokers. Principal Broker: By: Cooperating Broker: By: ATTORNEYS Seller's attorney: Address: Phone & Fax: E-mail: Seller's attorney requests copies of documents, notices, and other information: ❑ the title company sends to Seller. ❑ Buyer sends to Seller. Buyer's attorney: Address: Phone & Fax: E-mail: Buyer's attorney requests copies of documents, notices, and other information: ❑ the title company sends to Buyer. Seller sends to Buyer. ESCROW RECEIPT The title company acknowledges receipt of: ❑ A. the contract on this day (effective date); O B. earnest money in the amount of $ 500.00 in the form of on Title company: Bay Area Title Services By: Assigned file number ((GF#): Address: 5926 S. Staples St., Corpus Christi, Texas 78413 Phone & Fax: E-mail: (TAR -1602) 1-1-16 Corms/Mr ginifitrd tong AutoC-Ml.Cl 7 ", Prom RotoReelly, ILC. 1068 W. Pipsllni, Site 101. First. TX 76053, 1600 522-1178 Page 13 of 13 Cry or CC -Parklane - Ayala - 022916.a:rn Printed, 0:20:55 PM 311,2010 ADDENDUM to COMMERCIAL CONTRACT - UNIMPROVED PROPERTY between THE CITY OF CORPUS CHRISTI ("SELLER") and MVR CONSTRUCTION COMPANY ("BUYER") 1. This contract is contingent upon final approval from the Corpus Christi City Council. 2. Buyer acknowledges that the subject property is being sold in its AS I5 WHERE IS condition with any and all faults per the addendum attached hereto as Exhibit B. 3. Buyer, at Buyer's sole expense, shall be responsible for any and all platting and/or zoning application fees and any associated expenses related to platting or rezoning the said property. 4. If due to factors beyond Seller's control, the commitment and/or the exception documents are not delivered within the time required, either party may terminate this contract and the earnest money be refunded to Buyer, as its sole remedy. 5. Buyer, at Buyer's sole expense during the Feasibility Period will verify with the City of Corpus Christi — Development Services that Buyer's intended use is permitted in the current zoning district of the said property. 6. In regards to Paragraph 17 — ATTORNEY FEES: the last sentence shall be modified to read as followed: "This Paragraph 17 survives termination of this contract. however, the Seller shall not be liable for any such attorney's fees." 7. Buyer is a licensed realtor with the State of Texas. 8. Buyer shall be responsible for any and all rollbacks taxes associated with the said property. Seller's Initial's , Buyer's Initial's Peary Park 1750 Paul Jones Ave. CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES EXHIBIT "B" "AS -IS" PURCHASE (A) BUYER ACKNOWLEDGES AND AGREES THAT BUYER IS PURCHASING THE PROPERTY "AS -IS" "WHERE -IS" AND "WITH ALL FAULTS" WITHOUT ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES, EITHER EXPRESSED OR IMPLIED, OF ANY KIND, NATURE, OR TYPE WHATSOEVER FROM, OR ON BEHALF OF, SELLER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BUYER ACKNOWLEDGES AND AGREES THAT SELLER HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL IMPLIED WARRANTIES CONCERNING THE CONDITION OF THE PROPERTY AND ANY PORTIONS THEREOF, INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL CONDITIONS, PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS, AND ALSO THE IMPLIED WARRANTIES OF HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. (B) BUYER ACKNOWLEDGES AND AGREES THAT BUYER HAS NOT RELIED, AND WILL NOT RELY, UPON ANY REPRESENTATIONS OR WARRANTIES (ORAL OR WRITTEN) MADE BY OR PURPORTEDLY MADE ON BEHALF OF SELLER, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE EXPRESSLY SET FORTH IN THIS AGREEMENT. (C) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, BUYER AGREES THAT NO REPRESENTATION BY OR ON BEHALF OF SELLER OR THE SELLER'S AGENTS HAVE BEEN MADE TO BUYER AS TO THE CONDITION OF THE PROPERTY, ANY RESTRICTIONS RELATED TO THE DEVELOPMENT OF THE PROPERTY, THE APPLICABILITY OF OR COMPLIANCE WITH ANY GOVERNMENTAL REQUIREMENTS, INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL LAWS, OR THE SUITABILITY OF THE PROPERTY FOR ANY PURPOSE WHATSOEVER. Seller's Initial's , Buyer's Initial's TEXAS ASSOCIATION OF REALTORS' COMMERCIAL CONTRACT - UNIMPROVED PROPERTY USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS or THE TEXAS ASSOCIATION OF REALTORSO IS NOT AUTHORIZED eTexas Assoc,atIon of FtEALTORSitt, 2-I6 1. PARTIES: Seller agrees to sell and convey to Buyer the Properly described in Paragraph 2. Buyer agrees to buy the Property from Seller for the sales price stated in Paragraph 3. The parties to this contract are: Seller: City of Corpus Christi, a Texas municipal corporation Address: 1201 Leopard St. Corpus Christi, Texas 78401 Phone: E-mail: Fax: Other: Buyer: Richard 0. Serna and/or assigns & John Tarnez and/or his assigns Address: Phone: Fax: 2. PROPERTY: E-mail: Other: A. "Property" means that real property situated in Nueces County, Texas at 5730 Malden, CC TX Rid e ood Park (address) and that is legally described on the attached Exhibit or as olio is: A tract of land located at 5730 Maiden known as Ridgewood Park being legally described as Ridgewood Unit 1, Lot 3, Block 5, and Ridgewood Unit 5, Lot 4, Block 5, Corpus Christi, Nueces County, Texas with any and all improvements contained thereon. NCAD Tax ID# 7223-0005-0030 and 7227-0005-0040 See Exhibit "A" attached hereto. B. Seller will sell and convey the Property together with: (1) all rights, privileges, and appurtenances pertaining to the Property.including Seiler's right, title, and interest (2) Seller's interest in all leases, rents, and security deposits far all or part of the Property, and (3) Seller's interest in all licenses and permits related to the Property. (Describe any exceptions, reservations, or restrictions in Paragraph 12 or an addendum.) (If mineral rights are to be reserved an appropriate addendum should be attached.) 3. SALES PIRiCE: A. At or before dosing. Buyer will pay the following sales price for the Property: (1) Cash portion payable by Buyer at closing (2) Sum of all financing described in Paragraph 4 (3) Sales price (sum of 3A(1) and 3A(2)) (TAR -1802) 1-1-16 Initialed tor identification by Seller and Buyer 80,000.00 320,003.00 400,003.00 Page 1 of 13 Computer generated uaing ite.rtoC EMUS Or 7 '", from to at LLC 1060 IN Pipeline. Sully 101. Hurst. TX 76053. i600) 322-1177 City of CC - Ridgewood - SE rna - 02291E11,rd Purred: t:252 PM 3I24f2QUf Commercial Contract - Unimproved Property concerning 5730 Malden,, CC TX Ridgewood Park B. Adjustment to Sales Price: (check (1) or (2) only.) (1) The sales price will not be adjusted based on a survey. ❑ (2) The sales price will be adjusted based on the latest survey obtained under Paragraph 68. (a) The sales price is calculated on the basis of $ ❑ (i) square foot of ❑ total area J. net area. • (ii) acre of ❑ total area ❑ net area. N1A per (b) "Total area means all land area within the perimeter boundaries of the Property. "Neiarea,: means total area less any area of the Property within: ❑ (i) public roadways; ❑ (ii) rights-of-way and easements other than those that directly provide utility services to the Property; and ❑ (iii) NIA (c) If the sales price is adjusted by more than N'A% of the stated sales price, either party may terminate this contract by providing written notice to the other party within N/A days after the terminating party receives the survey. If neither party terminates this contract or if the variance is less than the stated percentage, the adjustment to the sales price will be made to the cash portion of the sales price payable by Buyer. 4. FINANCING: Buyer will finance the portion of the sales price under Paragraph 3A(2) as follows: A. Third Party Financing: One or more third party loans in the total amount of $ This contract: ❑ (1) is not contingent upon Buyer obtaining third party financing, • (2) is contingent upon Buyer obtaining third party financing in accordance with the attached Commercial Contract Financing Addendum (TAR -1931). LJ R. Assumption: In accordance with the attached Commercial Contract Financing Addendum (TAR -1931), Buyer will assume the existing promissory note secured by the Property, which balance at closing will be $ O C. Seller Financing: The delivery of a promissory note and deed of trust to Seller under the terms of the attached Commercial Contract Financing Addendum (TAR -1931) in the amount of $ Nra. 5. EARNEST iVMONEY: A. Not later than 3 days after the effective date, Buyer must deposit 2,04•04 as earnest money with Stewart Title Company of CC (title company) at 711 Caran€ ahu St., #1101, Corpus Christi, Texas 78401 (address) Ginny Price (closer). If Buyer fails to timely deposit the earnest money, Seller may terminate this contract or exercise any of Seller's other remedies under Paragraph 15 by providing written notice to Buyer before Buyer deposits the earnest money. B. Buyer will deposit an additional amount of $ 0_00 with the title company to be made part of the earnest money on or before: ❑ (i) N/A days after Buyer's right to terminate under Paragraph 78 expires; or ❑ (ii) NIA Buyer will be in default if Buyer fails to deposit the additional amount required by this Paragraph 5B within 3 days after Seller notifies Buyer that Buyer has not tirnely deposited the additional amount. (TAR -1842) 1-1-16 Initialed for identification by Seller Page 2 of 13 Conputer generated using F 1WCoatrael 7 TM, rum LLC, 19E6 W R•peiine, Suite 1D1. Hard. 7A 76G5:. {8c17j K2-1170 Crry of CC - Ridgewood - Ser - u"2291S.axm Pn:1 :522:53 PAS 3,24f24t6 Commercial Contract - t..lnimprove.d Property concerning 5730 Maiden, CC TX Ridgewood Park C. Buyer may instruct the title company to deposit the earnest money in an interest-bearing account at a federally insured financial institution and to credit any interest to Buyer. 6. TITLE POLICY AND SURVEY: A. Title Policy: 1) Seller, at Seller's expense, will furnish Buyer an Owner's Policy of Title Insurance (the title policy) issued by any underwriter of the title company in the amount of the sales price, dated at or after closing, insuring Buyer against Toss under the title policy. subject only to: (a) those title exceptions permitted by this contract or as may be approved by Buyer in writing; and (b) the standard printed exceptions contained in the promulgated form of title policy unless this contract provides otherwise. (2) The standard printed exception as to discrepancies, conflicts, or shortages in area and boundary lines, or any encroachments or protrusions, or any overlapping improvements: (a) will not be amended or deleted from the title policy. J (b) will be amended to read 'shortages in areas' at the expense of [=.1 Buyer J Seller. (3) Within 5 days after the effective date, Seller will furnish Buyer a commitment for title insurance (the commitment) including legible copies of recorded documents evidencing title exceptions. Seller authorizes the title cornpany to deliver the commitment and related documents to Buyer at Buyer's address. B. Survgy: Within 15 days after the effective date: (1) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of the survey to Seller. The survey must be made in accordance with the: (i) ALTAIACSM Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. Seller will reimburse Buyer 0.00 (insert amount) of the cost of the survey at dosing, if closing occurs. Li (2) Seller, at Seiler's expense, will furnish Buyer a survey of the Property dated after the effective date. The survey must be made in accordance with the: (i) ALTA'ACSM Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. 7 (3) Seller will deliver to Buyer and the title company a true and correct copy of Seller's most recent survey of the Property along with an affidavit required by the title company for approval of the existing survey, if the existing survey is not acceptable to the title company, Seller, at Seller's expense. will obtain a new or updated survey acceptable to the title company and deliver the acceptable survey to Buyer and the title company within 20 days after Seller receives notice that the existing survey is not acceptable to the title company. The closing date will be extended daily up to 20 days if necessary for Seller to deliver an acceptable survey within the time required. Buyer will reimburse Seller NIA (insert amount) of the cost of the new or updated survey at closing, if closing occurs. C. Buyer's Objections to the Commitment and Survey: (1) Within 15 days after Buyer receives the commitment, copies of the documents evidencing the title exceptions. and any required survey, Buyer may object in writing to matters disclosed in the items if: (a) the matters disclosed are a restriction upon the Property or constitute a defect or encumbrance to title other than those permitted by this contract or liens that Seller will satisfy at closing or Buyer will assume at closing; or (b) the items show that any part of the Property lies in a special flood hazard area (an "A" or 'V" zone as defined by FEMA). If Paragraph 6B(1) applies, (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buye Page 3 of 13 Curry der 5 ,,' ,,'ed using WWConnarz 7 "'. from A:riUReally. LLC. 1460'.1 P•peli, e. Sues C ,1 r8t. 7X'6055. i600j 372 5?7$ City or CC - Ridgewood - Benda - 072916.arm P,I ,t 4 5 '22.ti, PM 3/24/21776 Commercial Contract - Unimproved Property concerning 5730 Maiden. CC TX Ridgewood Park Buyer is deemed to receive the survey on the earlier of: (1) the date of Buyer's actual receipt of the survey: or (ii) of the deadline specified in Paragraph 63. (2) Seller may, but is not obligated to, cure Buyer's timely objections within 15 days after Seller receives the objections, The closing date will be extended as necessary to provide such time to cure the objections. If Seller fails to cure the objections by the time required, Buyer may terminate this contract by providing written notice to Seller within 5 days after the time by which Seller must cure the objections. If Buyer terminates, the earnest money, less any independent consideration under Paragraph 78(1), will be refunded to Buyer. (3) Buyer's failure to timely object or terminate under this Paragraph 6C is a waiver of Buyer's right to object except that Buyer will not waive the requirements in Schedule C of the commitment. 7. PROPERTY CONDITION: A. Present Condition: Buyer accepts the Property in its present condition except that Seller, at Seller's expense, will complete the following before dosing: None. Buyer accepts the property in its AS is WHERE is condition with any and all faults. See Exhibit B. B. Feasibility Period: Buyer may terminate this contract for any reason within 45 days after the effective date (feasibility period) by providing Seller written notice of termination. (Check only one box.) (1) If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer less 100.00 that Seller will retain as independent consideration for Buyer's unrestricted right to terminate. Buyer has tendered the independent consideration to Seller upon payment of the amount specified in Paragraph 5A to the title company. The independent consideration is to be credited to the sales price only upon closing of the sale. If no dollar amount is stated in.. this Para rah 78(t ' or if Bu er fails to de DSit the earnest mono Bu, er will not havethe ri ht to terminate under this Paragraph 7B. U (2) Not later than 3 days after the effective date, Buyer must pay Seller $ N/A as independent consideration for Buyer's right to terminate by tendering such amount to Seller or Seller's agent. If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer and Seller will retain the independent consideration. The independent consideration will be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Paragraph 7B(2) or if Buyer fails to pay the independent consideration, Buyer will not have the tight to terminate under this Paragraph 7B. C. Inspections Studies or Assessments: (1) During the feasibility period, Buyer, at Buyer's expense, may complete or cause to be completed any and all inspections, studies, or assessments of the Property (including all improvements and fixtures) desired by Buyer. (2) Buyer must: (a) employ only trained and qualified inspectors and assessors: (b) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (c) abide by any reasonable entry rules or requirements of Seller: (d) not interfere with existing operations or occupants of the Property: and (e) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buye Page 4 of 13 Corrpmtr gorroruted using AytpCC1Ga,t 7 "", from Autonealt}'. LLC. 1060 SY. PpeIine, Sulfa I Ai, Hurst. TX 76653. IBM) 3Z2-1178 City of CC - RjOeve000 spi 08 . 0229.1E. arum Printed: 5:22:5$ PM 2.,24/20.1 Commercial Contract - Unimproved Property concerning 5730 Maiden: CC TX Ridgewood Park (3) Except for those matters that arise from the negligence of Seller or Seller's agents. Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from Buyer's inspections, studies; or assessments, including any property damage or personal injury. Buyer will indemnify, hold harmless, and defend Seller and Seller's agents against any claim involving a matter for which Buyer is responsible under this paragraph. This paragraph survives termination of this contract. D. Property Information: (1) Delivery of Property Information; Within r� Buyer: (Check all that apply.) 10 days after the effective date, Seller will deliver to or amondmontc to tho loacoc: (e) plats of the Property; (g) if an of the above is in Seller's possession or control. (2) Return of Property Information: if this contract terminates for any reason, Buyer will, not later than 10 days after the termination date: (Check all that apply-) J (a) return to Seller all those items described in Paragraph 7D(1) that Seller delivered to Buyer in other than an electronic format and all copies that Buyer made of those items;; ta (b) delete or destroy all electronic versions of those items described in Paragraph 7D(1) that Seller delivered to Buyer or Buyer coped; and (c) deliver copies of all inspection and assessment reports related to the Property that Buyer completed or caused to be completed. This Paragraph 7D(2) survives termination of this contract. E. Contracts Affecting Operations: Until closing, Seller:: (1) will operate the Property in the same manner as on the effective date under reasonably prudent business standards; and {2) will not transfer or dispose of any part of the Property, any interest or right in the Property, or any of the personal property or other items described in Paragraph 28 or sold under this contract. After the feasibility period ends, Seller may not enter into, amend, or terminate any other contract that affects the operations of the Property without Buyer's written approval. 6. LEASES: A. Each written lease Seller is to assign to Buyer under this contract must be in full force and effect according to its terms. Seller may not enter into any new lease, fail to comply with any existing lease, or make any amendment or modification to any existing lease without Buyer's written consent. Seller must disclose, in writing, if any of the following exist at the time Seller provides the leases to the Buyer or subsequently occur before closing: ( 1) any failure by Seller to comply with Seller's obligations under the leases; (2) any circumstances under any lease that entitle the tenant to terminate the lease or seek any offsets or damages; (3) any advance sums paid by a tenant under any lease; {4) any concessions, bonuses, free rents, rebates, brokerage commissions, or other matters that affect any lease; and (TAR -1802) 1-1-6 Initialed for Identification by Seller and Buye Page 5 of 13 Computer generated uirng freduCuptract 7 ". hum Aurro 8Iy. LLC.. 106ti' d P.pel ,e. Stile 1111. Hurst. Tx 7sa5a 180W 322,117 City of CC - P;ejpewnu6 Serle • 922916.asrrk Punted. 9:22.54 P'M 3I24t2016 Commercial Contract - Unimproved Property concerning 5730 Malden, CC TX Ridgewood Park (5) any amounts payable under the leases that have been assigned or encumbered, except as security for loan(s) assumed or taken subject to under this contract. B. Ectoppei Cortificates: Within days cater the effective date, Soder will deliver to Buyer actoppel astoppol cortificates. 9. BROKERS: A. The brokers to this sale are: Principal Broker: The Clower Company Agent: George B. Clower Address:P.O. Box 2525 Corpus Christi, Texas 78403 Phone & Fax: 361-880-4111 361-880-4118 E-mail: glaclower@aol.corr License No.:428055 Cooperating Broker: Richard Serna & Associates Agent:Richard ©. Serna Address:4810 Everhart Rd. Corpus Christi, Texas 78411 Phone & Fax.361-993.8286 E-mail: rsa,sells@grnail.com License No.:171843 Principal Broker: (Check only one box) Cooperating Broker represents Buyer. represents Seiler only. represents Buyer only. LJ is an intermediary between Seiler and Buyer. B. Fees: (Check only (1) or (2) below.) (Complete the Agreement Between Brokers on page 13 only if (1) is selected.) U. (1) Seiler will pay Principal Broker the fee specified by separate written commission agreement between Principal Broker and Seller. Principal Broker will pay Cooperating Broker the fee specified in the Agreement Between Brokers found below the parties' signatures to this contract. ® (2) At the closing of this sale, Seller will pay: Principal Broker a total cash fee of: Cooperating Broker a total cash fee of: �] 'N/A % of the sales pnce. f3 N/A % of the sales price. • NIA ❑ N/A The cash fees will be paid in Nueces County, Texas. Seller authorizes the title company to pay the brokers from the Seller's proceeds at closing. NOTICE: Chapter 52. Texas Property Code. authorizes a broker to secure an earned commission with a lien against the Property. C. The parties may not amend this Paragraph 9 without the written consent of the brokers affected by the amendment. (TAF -1802) 1-1-16 Initialed for identification by Seller and Buye Conpner generated using RIKoCenmd Page 6 of 13 LLC, }pr,C W Pipeline, Skate ICI, Flxst, TX NI 1,80gi 322 17$ City of CC • Rldgewrood - Ser - D229t&.errti Pdrtted. 5.22:54 PM 1f2412Ot Commercial Contract - Unimproved Property concerning 5730 Maiden, CC TX Ridgewood Park 10. CLOSING: A. The date of the closing of the sale (closing date) will be on or before the later of: (1) x fifteen (15) days after the expiration of the feasibility period. N/A (specific date). 7 N/A (2) 7 days after objections made under Paragraph 60 have been cured or waived. B. If either party fails to close by the dosing date, the non -defaulting party may exercise the remedies in Paragraph 15. C. At closing, Seller will execute and deliver. at Sellers expense, a J general special warranty deed. The deed must include a vendor's lien if any part of the sales price is financed. The deed must convey good and indefeasible title to the Property and show no exceptions other than those permitted under Paragraph 6 or other provisions of this contract. Seller must convey the Property: (1) with no liens, assessments, or other security interests against the Property which will not be satisfied out of the sales price. unless securing loans Buyer assumes; (2) without any assumed loans in default; and (3) with no persons in possession of any part of the Property as lessees, tenants at sufferance, or trespassers except tenants under the written leases assigned to Buyer under this contract. D. At closing, Seller, at Seller's expense, will also deliver to Buyer: (1) tax statements showing no delinquent taxes on the Property; (2) an assignment of all leases to or on the Property; (3) to the extent assignable, an assignment to Buyer of any licenses and permits related to the Property; (4) evidence that the person executing this contract is legally capable and authorized to bind Seller; (5) an affidavit acceptable to the title company stating that Seller is not a foreign person or, if Seller is a foreign person, a written authorization for the title company to: (i) withhold from Seller's proceeds an amount sufficient to comply applicable tax law; and (ii) deliver the amount to the Internal Revenue Service (IRS) together with appropriate tax forms; and (6) any notices, statements, certificates, affidavits. releases, and other documents required by this contract, the commitment, or law necessary for the closing of the sale and issuance of the title policy, all of which must be completed by Seller as necessary. E At closing, Buyer will: (1) pay the sales price in good funds acceptable to the title company; (2) deliver evidence that the person executing this contract is legally capable and authorized to bind Buyer: (3) sign and send to each tenant in a lease for any part of the Property a written statement that: (a) acknowledges Buyer has received and is responsible for the tenant's security deposit; and (b) specifies the exact dollar amount of the security deposit; (4) sign an assumption of all leases then in effect; and (5) execute and deliver any notices, statements, certificates, or other documents required by this contract or law necessary to close the sale. F. Unless the parties agree otherwise, the closing documents will be as found in the basic forms in the current edition of the State Bar of Texas Real Estate Forms Manual without any additional clauses. 11. POSSESSION: Seller will deliver possession of the Property to Buyer upon closing and funding of this sale in its present condition with any repairs Seller is obligated to complete under this contract, ordinary wear and tear excepted. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written lease agreement is a landlord --tenant at sufferance relationship between the parties. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyeij Page 7 of 13 Ceeputer generated using Aut4Ce,trect 7 TM, from AWoRealty. LLC. 1060 W. F.pehne. Suite i'J;st, TX 76053, (800) 322-1778 City of CC - Piedewnod . - C22 o P00541: 5:22.54 PM 1/2052055, Commercial Contract - Unimproved Property concerning 5730 Malden, CC TX Ridgewood Park 12. SPECIAL PROVISIONS: The following special provisions apply and will control in the event of a conflict with other provisions of this contract. (if special provisions are contained in an Addendum, identify the Addendum here and reference the Addendum in Paragraph 22D.) See attached Addendum to commercial Contract attached hereto. 13. SALES EXPENSES: A. Seller's Expenses: Seller will pay for the following at or before closing: ( 1) releases of existing liens, other than those liens assumed by Buyer, including prepayment penalties and recording fees: (2) release of Seller's loan liability, if applicable; (3) tax statements or certificates; (4) preparation of the deed; (5) one-half of any escrow fee; (6) costs to record any documents to cure title objections that Seiler must cure; and (7) other expenses that Seller will pay under other provisions of this contract. B. Buyer's Expenses: Buyer will pay for the following at or before closing: (1) all loan expenses and fees: (2) preparation of any deed of trust; (3) recording fees for the deed and any deed of trust: (4) premiums for flood insurance as may be required by Buyers lender; (5) one-half of any escrow fee: (6) other expenses that Buyer will pay under other provisions of this contract. 14. PRORATIONS: A. Prorations: (1) Interest on any assumed loan, taxes, rents, and any expense reimbursements from tenants will be prorated through the closing date. (2) if the amount of ad valorem taxes for the year in which the sale closes is not available on the closing date, taxes will be prorated on the basis of taxes assessed in the previous year. If the taxes for the year in which the sale closes vary from the amount prorated at closing, the parties will adjust the prorations when the tax statements for the year in which the sale closes become available. This Paragraph 14A(2) survives closing. (3) If Buyer assumes a loan or is taking the Property subject to an existing lien. Seller will transfer all reserve deposits held by the lender for the payment of taxes, insurance premiums. and other charges to Buyer at closing and Buyer will reimburse such amounts to Seiler by an appropriate adjustment at closing. B. Rollback Taxes: If Sellers use or change in use of the Property before closing results in the assessment of additional taxes, penalties, or interest (assessments) for periods before closing, the assessments will be the obligation of the Seller. If this sale or Buyer's use of the Property after closing results in additional assessments for periods before closing, the assessments will be the obligation of Buyer. This Paragraph 143 survives closing. C. Rent and Security Deposits: At closing, Seller will tender to Buyer all security deposits and the following advance payments received by Seller for periods after closing: prepaid expenses, advance rental payments, and other advance payments paid by tenants, Rents prorated to one party but received by the other party will be remitted by the recipient to the party )o wlom it was prorated within 5 days after the rent is received. This Paragraph 140 survives closi (TAR 802) 1-1-16 Initialed for identification by Seller and Buyer Page 8 cit 13 Commal. greuratsd using PutuCenusct 7 T.. from Putogeaity. LLC. 106G 4^I Pipeline, Suite 121. Hurst, 1171 75053.1 BOO) 322.1 i 7a City of CC - Ri2gewou6 - Sema - 922416.szm Frilled: 5:22 45 PM 3.14.r2.515 Commercial Contract - Unimproved Property concerning 5730 Malden, CC TX Ridgewood Park 15. DEFAULT: A. If Buyer fails to comply with this contract, Buyer is in default and Seller, as Seller's sole remedy(ies), may terminate this contract and receive the earnest money, as liquidated damages for Buyer's failure except for any damages resulting from Buyer's inspections. studies or assessments in accordance with Paragraph 7C(3) which Seller may pursue, or (Check if applicable) D enforce specific performance, or seek such other relief as may be provided by law. B. If, without fault, Seiler is unable within the time allowed to deliver the estoppel certificates, survey or the commitment. Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy: or (2) extend the time for performance up to 15 days and the closing will be extended as necessary. C. Except as provided in Paragraph 15B, if Seller fails to comply with this contract, Seller is in default and Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; — 16. CONDEMNATION: If before closing, condemnation proceedings are commenced against any part of the Property, Buyer may: A. terminate this contract by providing written notice to Seller within 15 days after Buyer is advised of the condemnation proceedings and the earnest money, less any independent consideration paid under Paragraph 7B(1), will be refunded to Buyer; or B. appear and defend in the condemnation proceedings and any award will, at Buyer's election, belong to: (1) Seiler and the sales price will be reduced by the same amount; or (2) Buyer and the sales price will not be reduced. 17. ATTORNEY'S FEES: if Buyer, Seller. any broker, or the title company is a prevailing party in any legal proceeding brought under or with relation to this contract or this transaction, such party is entitled to recover from the non -prevailing parties all costs of such proceeding and reasonable attorney's fees. This Paragraph 17 survives termination of this contract. 18. ESCROW: A. At closing, the earnest money will be applied first to any cash down payment, then to Buyer's closing costs, and any excess will be refunded to Buyer. If no closing occurs. the title company may require payment of unpaid expenses incurred on behalf of the parties and a written release of liability of the title company from all parties. B. If one party makes written demand for the earnest money. the title company will give notice of the demand by providing to the other party a copy of the demand. If the title company does not receive written objection to the demand from the other party within 15 days after the date the title company sent the demand to time other party, the title company may disburse the earnest money to the party making demand, reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money and the title company may pay the same to the creditors. C. -The title company will deduct any independent consideration under Paragraph 7B(1) before disbursing any earnest money to Buyer and will pay the independent consideration to Seller. D. If the title company complies with this Paragraph 18. each party hereby releases the title company from all claims related to the disbursal of the earnest money. (TAR -1802) 1-1-16 Initialed for Identification by Seller and 3uye Page 9 of 13 Canptner yc+,er ate,i usny IwtoCentracl 7 "', ham fWto Renit}•. LLC. 1050 1NF"p Iine. *tide 101, !ia[s1,1.1 78053. 1600) 322-1 ? 78 Clev of CC - Ridgewood - senna - 022916.eerre Printed 5:22:55 PM 1,124/2014 Commercial Contract - Unimproved Property concerning 5730 Malden, CC TX Ridgewood Park E. Notices under this Paragraph 18 must be sent by certified mail, return receipt requested. Notices to the title company are effective upon receipt by the title company. F. Any party who wrongtully fails or refuses to sign a release acceptable to the title company within 7 days after receipt of the request will be liable to the other party for: (1) damages; (ii) the earnest money; (iii) reasonable attorney's fees; and (iv) all costs of suit, G. LJ Seller ❑ Buyer intend(s) to complete this transaction as a part of an exchange of like -kind properties in accordance with Section 1031 of the Internal Revenue Code, as amended. All expenses in connection with the contemplated exchange will be paid by the exchanging party, The other party will not incur any expense or liability with respect to the exchange. The parties agree to cooperate fully and in good faith to arrange and consummate the exchange so as to comply to the maximum extent feasible with the provisions of Section 1031 of the internal Revenue Code. The other provisions of this contract will rot be affected in the event the contemplated exchange fails to occur. cd by koeichai er ototc law er regulation, or the Pfoperty; 20. NOTICES: All notices between the parties under this contract must be in writing and are effective when hand -•delivered. mailed by certified mail return receipt requested, or sent by facsimile transmission to the parties addresses or facsimile numbers stated in Paragraph 1. The parties will send copies of any notices to the broker representing the party to whom the notices are sent. GI A. Seiler also consents to receive any notices by e-mail at Seller's email address stated in Paragraph 1. ❑ B. Buyer also consents to receive any notices by e-mail at Buyer's e-mail address stated in Paragraph 1. 21. DISPUTE RESOLUTION: The parties agree to negotiate in good faith in an effort to resolve any dispute related to this contract that may arise. If the dispute cannot be resolved by negotiation, the parties will submit the dispute to mediation before resorting to arbitration or litigation and will equally share the costs of a mutually acceptable mediator. This paragraph survives termination of this contract. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction. 22. AGREEMENT OF THE PARTIES: A. This contract is binding on the parties, their heirs. executors, re resentatives, successors, and permitted assigns. This contract is to be construed in accordance v, the laws of the State of Texas. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer Page 10 of 13 Cn np frer werated using• AstoCarmact 7 "', from AuloRe ally, Lt. C. 1960 W. PvoBrto. Seine I❑1 . - r:t. T 7k,0$3. (800) 322-1178 City of CC Ridgewood - Serna - 522815. erns Pdnled; S': 22:5'5 PM 312+12015 Commercial Contract - Unimproved Property concerning 5730 Maiden, CC TX Ridgewood Park If any term or condition of this contract shall be held to be invalid or unenforceable, the remainder of this contract shall not be affected thereby. B. This contract contains the entire agreement of the parties and may not be changed except in writing. C. If this contract is executed in a number of identical counterparts, each counterpart is an original and aPI counterparts, collectively. constitute one agreement. D. )61 Addenda which are part of this contract are: (Check ail that apply..) (1) Property Description Exhibit identified in Paragraph 2; (2) Commorcial Contract Financing Addondum (TAR 103-1); (3) Commercial Property Condition Statement (TAfl 1408): (1) Comrnorcial Contract Addondurn for Special Provi€ionc (TAR 19,1011: (5) Notice to Purchacor of Roal Property in a Wator Dictrict tMUD); (8) information About Brokerage Services (TAR -2501 }; and (9) See Attached Addendum to Contract and Exhibit B. (Note: Counsel for the Texas Association of REALTORS (TAR) has determined that any of the foregoing addenda which are promulgated by the Texas Real Estate Commission (TREC) or published by TAR are appropriate for use with this form.) E. Buyer may ❑ may not assign this contract. If Buyer assigns this contract, Buyer will be relieved of any future liability under this contract only if the assignee assumes, in writing, all obligations and liability of Buyer under this contract. 23. TIME: Time is of the essence in this contract. The parties require strict compliance with the times for performance. If the last day to perform under a provision of this contract falls an a Saturday, Sunday, or legal holiday, the time for performance is extended until the end of the next day which is not a Saturday, Sunday, or legal holiday. 24. EFFECTIVE DATE: The effective date of this contract for the purpose of performance of all obligations is the date the title company receipts this contract atter all parties execute this contract. 25. ADDITIONAL NOTICES: A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a title policy. B. If the Property is situated in a utility or ether statutorily created district providing water, sewer, drainage, or flood control facilities and services. Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fees of the district before final execution of this contract. C. Notice Required by §13.257, Water Code: "The real property, described below, that you are about to purchase may be located in a certificated water or sewer service area, which is authorized by law to provide water or sewer service to the properties in the certificated area. If your property is located in a certificated area there may be special costs or charges that you will be required to pay before you can receive water or sewer service. There may be a period required to construct lines or other facilities necessary to provide water or sewer service to your property. You are advised to determine if the property is in a certificated area and contact the utility service provider to determine the cost that you will be required to pay and the period, if ary, that is required to provide water or sewer service to your property. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or before the execution of a binding contract for the purchase of the real property described in the notice or at closing of purchase of the real property." The real property is desib9d in Par graph 2 of this contract. (TAR -1802) 1-1-15 Initialed for Identification by Seller Page 11 of 13 Coniwter generated 1.11,) AuWcuntract 7 ^'. tom P:no Rentq. I -LC. I MC IN P ipahne, Ste 101, 'r.rry: T, 766$3. 161301322-i 176 City of CC - Ridgewood - Serra -1;22916 P.m Winged: 5.22'56 PM 3.241201ti Commercial Contract - Unimproved Property concerning 5730 Maiden, CC TX Ridgewood Park D. If the Property adjoins or shares a common boundary with the tidally influenced submerged lands of the state, §33.135 of the Texas Natural Resources Code requires a notice regarding coastal area property to be included as part of this contract. E. If the Property is located seaward of the Gulf Irtracoastal Waterway, §61.025, Texas Natural Resources Code, requires a notice regarding the seaward location of the Property to be included as part of this contract.. F. If the Property is located outside the limits of a municipality, the Property may now or later be included in the extra -territorial jurisdiction (ETJ) of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and ETJ. To determine if the Property is located within a municipality's ETJ, Buyer should contact all municipalities located in the general proximity of the Property for further information. G. Brokers are not qualified to perform property inspections. surveys, engineering studies, environmental assessments, or inspections to determine compliance with zoning. governmental regulations, or laws. Buyer should seek experts to perform such services. Buyer should review local building codes, ordinances and other applicable laws to determine their effect on the Property. Selection of experts, inspectors, and repairmen is the responsibility of Buyer and not the brokers. Brokers are not qualified to determine the credit worthiness of the parties. H. NOTICE OF WATER LEVEL FLUCTUATIONS: If the Property adjoins an impoundment of water, including a reservoir or lake, constructed and maintained under Chapter 11, Water Code, that has a storage capacity of at least 5,000 acre-feet at the impoundment's normal operating level, Seller hereby notifies Buyer: "The water level of the impoundment of water adjoining the Property fluctuates for various reasons, including as a result of: (1) an entity lawfully exercising its right to use the water stored in the impoundment; or (2) drought or flood conditions." 26. CONTRACT AS OFFER: The execution of this contract by the first party constitutes an offer to buy or sell the Property. Unless the other party accepts the offer by 5:00 p.m., in the time zone in which the Property is located, on , the offer will lapse and become null and void. READ THIS CONTRACT CAREFULLY. The brokers and agents make no representation or recommendation as to the legal sufficiency, legal effect, or tax consequences of this document or transaction. CONSULT your attorney BEFORE signing. Seller: City of Corpus Christi, a Texas municipal corporation Buyer: Richard 0. Serna and/or assigns & John Tarred anoilor his assigns By: By: ,o By (signature): By (signature) Printed Name: Printed Name: C_ r _a cru Tit€e: Title: LAA.....71--12-1,1 By: By: By (signature): By (signature): Printed Name' Titre: Title: Printed Name: (TAR -1802) 1-1-15' Page 12 of 13 Computer generated using AuloCenaae4 T "', horn AUtoPeriky, LLC. 10601N. P pdrfe. Suite 1011. Fh r I, TX 700.53. (000) 3224170 City of CC - nMgyrnoae - Serra - 0229i E.ern Priot,d: 52256 PM 3l24r2D1d (effective date); on 11 Carancanua Si., #1101, Corpus Christi, TX Commercial Contract - Unimprov od Property concerning AGREEMENT BETWEEN BROKERS (use only if Paragraph 9B(1) is effective) Principal Broker agrees to pay RlciTard Serra & Associates (Cooperating Broker) a fee when the Principal Broker's fee is received. The fee to be paid to Cooperating Broker will be: ▪ NiA or ti 2.25 % of the sales price, or ▪ N`A % of the Principal Broker's fee The title company is authorized and directed to pay Cooperating Broker from Principal Broker's fee at closing. This Agreement Between. Brokers supersedes any prior offers and agreements for compensation between brokers. PrincipalBroker: The Grower Company cio George B. Clower Cooperating Broker - By: F?v: ichard 0. Berm ATTORNEYS Seller's attorney: Buyer's att Address Phone & Fax: E-mail: Seller's attorney requests copies of documents, notices, and other information: ❑ the title company sends to Seller- Buyer sends to Seller. Address: omey: Phone & F E -alai I: Buyer's ttorney requests copies of documents, notices. and other information: LI the tdle company sends to Buyer. ❑ Seller sends to Buyer. ESCROW RECEIPT The title company acknowledges receipt of: © A. the contract on this day ❑ B. earnest money in the amount of $ 2,00O.00 in the form Title company Stewwi Titfu Comp:cirly tar CC Address: By: Phone & F Assigned The number (GF#):— (TAR -1802) 1-1-16 CMlpl#ef gormfAe? Maly Rui9CafActGi 'r' Y7, from AutcReally, LLE, 1000 W. Pil^oy'i:fo, 8niie 101. Kum' 'T X 7MS3, SBA 3Z2-1170 This lnatollatrA of AMoCanted 7^' Ls &mimed for usa to: Gomm &Iol,tfr of Tho Clom®r Coo po, _ 0. kf +t1 6'afkfmable. L01t by °Mem 0 e vlmlac.� Page :3 of 13 E pylae ,-,1111Docu fardslktimCo ml. iitCor4r d0ICay 35 .0 - rdiciamefood .Sema - ( 22410.41. PSI edg:sl sopyrght lore kBEer TMs 17 U;S,C 'i01. Plinat :S,:9,1:13 Pl,l VVS. AD DEND /TNI to UNIMPROVED COM ERCIAL CONTRACT— UNIMPROVED ON T'RAC-UN1MPROVED PROPERTY between THE ITY OF COM. S CHRISTI ("SELLER") and RICHARD O. SENNA & J N TAM EZ and/or his assigns (;'BUYER") 1 This contract is contingent upon final approval and Christi City Council. unanimous vote from the Corpus 2. Buyer acknowledges that the subject property is be ng sold in its AS IS WHERE IS condition with any and all faults per the addendum attached hereto as Exhibit B. 3. Buyer, at Buyers sok expense, shall be responsible application fees and any associated expenses relate property. for any and all platting and/or zoning I to platting or rezoning the said 4. if due to factors beyond Seller's control, the comm tment andror the exception documents are not delivered within the time required, either party may terminate this contract and the earnest money be refunded to Buyer, as its sole remedy. 5. Buyer, at Buyer's sok expense during the Feasibility Period will verify with the City of Corpus Christi — Development Services that the Buyer's intended use is permitted in the current zoning district of the said property. 6. In regards to Paragraph 17 — ATTORNEY FEES: the last sentence shall be modified to read as followed: "This Paragraph 17 survives terriination of this contract, however, the Seller shall not be liable for any such attorney's fees.,' 7. Purchaser, Richard Serna hereby advises Seller that he is a licensed Texas Real Estate broker who buys and sells for the purpose of making a profit Seller's Initial's . Buyer's lull' I's EXHIBIT A Ridgewood Park — 5730 Maiden Corpus Christi, Texas �r •F r x si Yt +R 1i.flr o. ! ^ as r 1`3 1 4, ti. 4 a 1 f � RIDGEWOOD PARK Ex Elm' t x223-5-3[1 r- — .-.. - OT Ridgewood Unit 1, Lot 3, Block 5, Ridgewood Unit 5, Lot 4, Block 5, Corpus Christi, Nueces County, Texas 1 THE CLOWE R CO. Realtors Commercial & Industrial Brokerage P.U. Box 2525 Corpus Christi, Texas 78403-2525 (36118.60-4.111 affFc� O EXHIBIT "J3 "AS -IS" PURCHASE (A) BUYER ACKNOWLEDGES AND AGREES THAT BUYER IS PURCHASING THE PROPERTY "AS -IS" "WHERE -IS" AND WLTH ALL FAULTS" WITHOUT ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES, EITHER EXPRESSED OR IMPLIED, OF ANY KIND, NATURE, OR TYPE WHATSOEVER FROM, OR. ON BEHALF OF, SELLER. WITHOUT LIMITING THE GENERALII'Y OF THE FOREGOING, BUYER ACKNOWLEDGES AND AGREES THAT SELLER IjEREBY EXPRESSLY DISCLAIMS, ANY AND ALL IMPLIED WARRANTIES CONCE NING THE CONDITION OF THE PROPERTY AND ANY PORTIONS THEREOF, INC UDING, BUT NOT LIMITED TO, ENVIRONMENTAL CONDITIONS, PRESENCE cR ABSENCE OF HAZARDOUS MATERIALS. AND ALSO THE IMPLIED WA RANTIES OF HABITABILITY, MERCHANTABILITY., OR FITNESS FOR A PARTICULAR PURPOSE. (B) BUYER ACKNOWLEDGES AND AGREE. THAT BUYER HAS NOT RELIED, AND WILL NOT RELY, UPON ANY REPRESENTATI NS OR WARRANTIES (ORAL OR WRITTEN) MADE BY OR PURPORTEDLY MADE ON BEHALF OF SELLER, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE EXPRESSLY SET FORTH IN THIS AGREEMENT. (C) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT. BUYER AGREES THAT NO REPRESENTATION BY OR ON BEHALF OF SELLER OR THE SELLER'S AGENTS HAVE BEEN MADE TO BUYER AS TO THE CONDITION OF THE PROPERTY, ANY RESTRICTIONS RELATED TO TILE DEVELOPMENT OF THE PROPERTY. THE APPLICABILITY OF OR COMPLIA: CE WITH ANY GOVERNMENTAL REQUIREMENTS, INCLUDING. BUT NOT LIMITED IrO. ENVIRONMENTAL LAWS, OR THE SUITABILITY OF THE PROPERTY FOR ANY PURPOSE WHATSOEVER. Seller's Initial's , Buyer's Initial's, 4,S# TEXAS ASSOCIATION OF REALTORS COMMERCIAL CONTRACT - UNIMPROVED PROPERTY USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS MES B ERS OF THE rl REALTORS®,Inc.ASSOCIATION OF REALTORS® IS NOT AUTHORIZED. 1. PARTIES: Seller agrees to sell and convey to Buyer the Property described in Paragraph 2. Buyer agrees to buy the Property from Seller for the sales price stated in Paragraph 3. The parties to this contract are: Seller: City of Corpus Christi, a Texas municipal corporation Address: 1201 Leopard St. Phone: E-mail: Fax: Other: Corpus Christi, Texas 78401 Buyer: Martin and Gaby Sada Address: 11414 Willowcreek Dr. Corpus Christi, Texas 78410 E-mail: gabysada@yahoo.com Phone: 361-241-2538 Fax: Other: 2. PROPERTY: A. "Property" means that real property situated in Nueces County, Texas at 11418 Willowcreek, CC, Texas Willow Park (address) and that is legally described on the attached Exhibit or as follows: A tract of land located at 11418 Willowcreek known as Willow Park being legally described Willowood Unit 5B, Lot 7, Block 7, Corpus Christi, Nueces County, Texas with any and all improvements contained thereon. See Exhibit"A" attached hereto. B. Seller will sell and convey the Property together with: (1) all rights, privileges, and appurtenances pertaining to the Property, including Seller's right, title, and interest in any minerals, utilities, adjacent etrccts, allcys, strips, gores, and rights of way; (2) Seller's interest in all leases, rents, and security deposits for all or part of the Property; and (3) Seller's interest in all licenses and permits related to the Property. (Describe any exceptions, reservations, or restrictions in Paragraph 12 or an addendum.) (If mineral rights are to be reserved an appropriate addendum should be attached.) 3. SALES PRICE: A. At or before closing, Buyer will pay the following sales price for the Property: (1) Cash portion payable by Buyer at closing $ (2) Sum of all financing described in Paragraph 4 $ (3) Sales price (sum of 3A(1) and 3A(2)) $ (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer �1t Computer generated using AutoContract 7 TM, from AatoReatty, LLC, 1060 W. Pipeine, Suite 101, Horst, TX 76053, (800) 322-1178 50,000.00 0.00 50,000.00 Page 1 of 13 City of CC - Willow - Sada - 031216.axn Printed: 12.03:04 PM 3/18201( Commercial Contract - Unimproved Property concerning 11418 Willowcreek, CC, Texas Willow Park B. Adjustment to Sales Price: (Check (1) or (2) only.) (1) The sales price will not be adjusted based on a survey. ❑ (2) The sales price will be adjusted based on the latest survey obtained under Paragraph 6B. (a) The sales price is calculated on the basis of $ N/A per: ❑ (i) square foot of ❑ total area ❑ net area. ❑ (ii) acre of ❑ total area ❑ net area. (b) "Total area" means all land area within the perimeter boundaries of the Property. "Net area" means total area less any area of the Property within: ❑ (1) public roadways; ❑ (ii) rights-of-way and easements other than those that directly provide utility services to the Property; and ❑ (III) N/A (c) If the sales price is adjusted by more than N/A% of the stated sales price, either party may terminate this contract by providing written notice to the other party within NIA days after the terminating party receives the survey. If neither party terminates this contract or if the variance is less than the stated percentage, the adjustment to the sales price will be made to the cash portion of the sales price payable by Buyer. 4. FINANCING: Buyer will finance the portion of the sales price under Paragraph 3A(2) as follows: II A. Third Party Financing: One or more third party loans in the total amount of $ . This contract: U (1) is not contingent upon Buyer obtaining third party financing. ❑ (2) is contingent upon Buyer obtaining third party financing in accordance with the attached Commercial Contract Financing Addendum (TAR -1931). ❑ B. Assumption: In accordance with the attached Commercial Contract Financing Addendum (TAR -1931), Buyer will assume the existing promissory note secured by the Property, which balance at closing will be $ N/A . ❑ C. Seller Financing: The delivery of a promissory note and deed of trust to Seller under the terms of the attached Commercial Contract Financing Addendum (TAR -1931) in the amount of $ N/A 5. EARNEST MONEY: A. Not later than 3 days after the effective date, Buyer must deposit $ 500.00 as earnest money with Security Title Company of CC (title company) at 5306 Holly Rd., Corpus Christi, Texas 78413 (address) Betty DeReese (closer). If Buyer fails to timely deposit the earnest money, Seller may terminate this contract or exercise any of Seller's other remedies under Paragraph 15 by providing written notice to Buyer before Buyer deposits the earnest money. B. Buyer will deposit an additional amount of $ 0.00 with the title company to be made part of the earnest money on or before: ❑ (i) N/A days after Buyer's right to terminate under Paragraph 7B expires; or ❑ (ii) N/A Buyer will be in default if Buyer fails to deposit the additional amount required by this Paragraph 5B within 3 days after Seller notifies Buyer that Buyer has not timely deposited the additional amount. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer Computer generated using AutoContract 7 TM, from AutoReaily, LLC, 1060 W. Pipeine, Suite 101, Hurst, 0( 76053, (800) 322-1178 5: Page 2 of 13 City of CC - Willow - Sada - 031216.axni Printed: 12:03:04 PM 3/18/2016 Commercial Contract - Unimproved Property concerning 11418 Willowcreek, CC, Texas Willow Park C. Buyer may instruct the title company to deposit the earnest money in an interest-bearing account at a federally insured financial institution and to credit any interest to Buyer. 6. TITLE POLICY AND SURVEY: A. Title Policy: (1) Seller, at Seller's expense, will furnish Buyer an Owner's Policy of Title Insurance (the title policy) issued by any underwriter of the title company tylin the e policy, subjectnt of the only to: s price, dated at or after closing, insuring Buyer against lossunder (a) those title exceptions permitted by this contract or as may be approved by Buyer in writing; and (b) the standard printed exceptions contained in the promulgated form of title policy unless this contract provides otherwise. (2) The standard printed exception as of o discrepancies, protrusions, any oer overlapping for shortages area and boundary lines, or any encroachments orp (a) will not be amended or deleted from the title policy. ❑ (b) will be amended to read "shortages in areas" at the expense of ❑ Buyer ❑ Seller. (3) Within 5 days after the effective date, Seller will furnish Buyer a commitment for title insurance (the commitment) including legible copies delif ver commitment and d trelated documes evidencing lntts e toxB pyerns. at Seller authorizes the title company to de Buyer's address. B. Survey: Within 15 days after the effective date: )21 (1) Buyer will obtain a survey of the Propeftwith the:(i) ALTA/AGSM expense and deliver a pLandy of tTttleuSurvey to Seller. The survey must be made in accordance standards, or (ii) Texas Society of Professional Surveyors' standards for o,aoCategory 1A (insert urvey under the appropriate condition. Seller will reimburse Buyer amount) of the cost of the survey at closing, if closing occurs. the effeive ❑ (2) Seller, at Seller's expense, will furnish Buyerisurvey of the Property ALTA/AGSM LandtTitle Survey standardsateo� The survey must be made in accordance h the: () iA surveyunder the (ii) Texas Society of Professional Surveyors' standards for a Category appropriate condition. ❑ (3) Seller will deliver to Buyer and the title company a true and correct copy of Seller's most recent fcthe ent urvey of the Property he along withan affidavit isd ottrequired by the acept acceptable to theitte company itle company, or Seller, at Seller's existing survey. If the existing survey expense, will obtain a new or updated survey acceptable ith ptn 20 days afterto the iSeller rrece yes notice eithat the acceptable survey to Buyer and the title company The closing date will be extended daily up to existing survey is not acceptable to the title company. 20 days if necessary for Setter to deliver an acceptable ) will amount rof the vey (cost of the new orthin the time iupdat d red. survey reimburse Seller N/A (insert at closing, if closing occurs. C. Buyer's Objections to the Commitment and Survey: (1) Within 15 days after Buyer receives the commitment, copies of the documents evidencing the title exceptions, and any required survey, Buyer tctionyuo on the Property oct in writing to r constitute atters disclosed a defect the or items if: (a) the matters disclosed are a re p encumbrance to title other than those permitted etitems show that any part ofthis contract or liens tthe Seller Propewill rtyatesf n a closing or Buyer will assume at closing; or {) applies, special flood hazard area (an "A" or "V" zone as defined by FEMA). If Paragraph g ph 6B (1) pp Page 3 of 13 (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer Computer generated using AutoContract 7 T", from AutoReatty, LLC, 1060 W. Pipefne, Suite 101, Hurst, TX 76053, (800) 322-1178 City o1 cPnned 12:03:04 PM 3/18/201 Commercial Contract - Unimproved Property concerning 11418 Willowcreek, CC, Texas Willow Park Buyer is deemed to receive the survey on the earlier of: (1) the date of Buyer's actual receipt of the survey; or (ii) of the deadline specified in Paragraph 6B. (2) Seller may, but is not obligated to, cure Buyer's timely objections within 15 days after Seller receives the objections. The closing date will be extended as necessary to provide such time to cure the objections. If Seller fails to cure the objections by the time required, Buyer may terminate this contract by providing written notice to Seller within 5 days after the time by which Seller must cure the objections. If Buyer terminates, the earnest money, less any independent consideration under Paragraph 7B(1), will be refunded to Buyer. (3) Buyer's failure to timely object or terminate under this Paragraph 6C is a waiver of Buyer's right to object except that Buyer will not waive the requirements in Schedule C of the commitment. 7. PROPERTY CONDITION: A. Present Condition: Buyer accepts the Property in its present condition except that Seller, at Seller's expense, will complete the following before closing: None. Buyer accepts the property in its AS IS WHERE 1S condition with any and all faults. See Exhibit B. B. Feasibility Period: Buyer may terminate this contract for any reason within 30 days after the effective date (feasibility period) by providing Seller written notice of termination. (Check only one box.) (1) If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer less 100.00 that Seller will retain as independent consideration for Buyer's unrestricted right to terminate. Buyer has tendered the independent consideration to Seller upon payment of the amount specified in Paragraph 5A to the title company. The independent consideration is to be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Paragraph 7B(1) or if Buyer fails to deposit the earnest money, Buyer will not have the right to terminate under this Paragraph 7B. CI (2) Not later than 3 days after the effective date, Buyer must pay Seller $ N/A as independent consideration for Buyer's right to terminate by tendering such amount to Seller or Seller's agent. If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer and Seller will retain the independent consideration. The independent consideration will be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Paragraph 7B(2) or if Buyer fails to pay the independent consideration, Buyer will not have the right to terminate under this Paragraph 7B. C. Inspections, Studies, or Assessments: (1) During the feasibility period, Buyer, at Buyer's expense, may complete or cause to be completed any and all inspections, studies, or assessments of the Property (including all improvements and fixtures) desired by Buyer. (2) Buyer must: (a) employ only trained and qualified inspectors and assessors; (b) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (c) abide by any reasonable entry rules or requirements of Seller; (d) not interfere with existing operations or occupants of the Property; and (e) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. (TAR -1802) 1-1-16 Initialed for Identification by Seller Computer generated using AutoContract 7 from AutoRealty, LLC, 1060 W. Pipeine, Suite 101, Hurst, TX 76053, (800) 322-1178 and Buyer Page 4 of 13 City of CC - Willow - Sada - 031216.axnl Printed: 12:03:05 PM 3/18/2016 Commercial Contract - Unimproved Property concerning 11418 Willowcreek, CC, Texas Willow Park (3) Except for those matters that arise from the negligence of Seller or Seller's agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from Buyer's inspections, studies, or assessments, including any property damage or personal injury. Buyer will indemnify, hold harmless, and defend Seller and Seller's agents against any claim involving a matter for which Buyer is responsible under this paragraph. This paragraph survives termination of this contract. D. Property Information: (1) Delivery of Property Information: Within Buyer: (Check all that apply.) 10 days after the effective date, Seller will deliver to or amendments to thc loaccs; will not pay in full on or bcforc closing; madc on or relating to thc Property; (e) plats of the Property; ❑ (f) copies of current utility capacity letters from the Property's water and sewer service provider; a (g) if any of the above is in Seller's possession or control. (2) Return of Property Information: If this contract terminates for any reason, Buyer will, not later than 10 days after the termination date: (Check all that apply.) ❑ (a) return to Seller all those items described in Paragraph 7D(1) that Seller delivered to Buyer in other than an electronic format and all copies that Buyer made of those items; (b) delete or destroy all electronic versions of those items described in Paragraph 7D(1) that Seller delivered to Buyer or Buyer copied; and (c) deliver copies of all inspection and assessment reports related to the Property that Buyer completed or caused to be completed. This Paragraph 7D(2) survives termination of this contract. E. Contracts Affecting Operations: Until closing, Seller: (1) will operate the Property in the same manner as on the effective date under reasonably prudent business standards; and (2) will not transfer or dispose of any part of the Property, any interest or right in the Property, or any of the personal property or other items described in Paragraph 2B or sold under this contract. After the feasibility period ends, Seller may not enter into, amend, or terminate any other contract that affects the operations of the Property without Buyer's written approval. 8. LEASES: A. Each written lease Seller is to assign to Buyer under this contract must be in full force and effect according to its terms. Seller may not enter into any new lease, fail to comply with any existing lease, or make any amendment or modification to any existing lease without Buyer's written consent. Seller must disclose, in writing, if any of the following exist at the time Seller provides the leases to the Buyer or subsequently occur before closing: (1) any failure by Seller to comply with Seller's obligations under the leases; (2) any circumstances under any lease that entitle the tenant to terminate the lease or seek any offsets or damages; (3) any advance sums paid by a tenant under any lease; (4) any concessions, bonuses, free rents, rebates, brokerage commissions, or other matters that affect any lease; and (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buye Computer generated using AutoContract 7 TM, from AutoRealty, LLC, 1060 W. Pipefne, Suite 101, Hurst, TX 76053, (800) 322-1178 Page 5 of 13 City of CC - Willow - Sada - 031216.exn1 Printed: 12:03:05 PM 3/18/2016 Commercial Contract - Unimproved Property concerning 11418 Willowcreek, CC, Texas Willow Park (5) any amounts payable under the leases that have been assigned or encumbered, except as security for loan(s) assumed or taken subject to under this contract. B. Estoppel Cortificatos: Within days after the effective date, Seller will deliver to Buyer estoppol certificatos cignod not oarlier than by each tenant that loacoc cpaco by a third party Icndcr providing financing under Paragraph 1 if thc third party Icndcr rcquccts such additional information at Ioact 10 days prior to thc oarlioct datc that Scllor may dolivor thc cignod 9. BROKERS: A. The brokers to this sale are: Principal Broker:The Clower Company Agent: George B. Clower Cooperating Broker: N/A Agent: N/A Address: P.O. Box 2525 Address: N/A Corpus Christi, Texas 78403 N/A Phone & Fax:361-880-4111 361-880-4118 Phone & Fax: N/A E-mail: austin@allenreadvisors.c E-mail: N/A License No.: 428055 License No.: N/A Principal Broker: (Check only one box) represents Seller only. ❑ represents Buyer only. ❑ is an intermediary between Seller and Buyer. Cooperating Broker represents Buyer. B. Fees: (Check only (1) or (2) below.) (Complete the Agreement Between Brokers on page 13 only if (1) is selected.) (1) Seller will pay Principal Broker the fee specified by separate written commission agreement between Principal Broker and Seller. Principal Broker will pay Cooperating Broker the fee specified in the Agreement Between Brokers found below the parties' signatures to this contract. VI (2) At the closing of this sale, Seller will pay: Principal Broker a total cash fee of: Cooperating Broker a total cash fee of: 4.5 % of the sales price. ❑ N/A % of the sales price. ❑ N/A _ ❑ N/A The cash fees will be paid in Nueces County, Texas. Seller authorizes the title company to pay the brokers from the Seller's proceeds at closing. NOTICE: Chapter 62, Texas Property Code, authorizes a broker to secure an earned commission with a lien against the Property. C. The parties may not amend this Paragraph 9 without the written consent of the brokers affected by the amendment. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer Computer generated using AutoContract 7 TM, from AutoRealty, LLC, 1060 W. Pipeine, Suite 101, Hurst, 1 ( 76053, (800) 322-1178 Page 6 of 13 City of CC -Willow - Sada - 031216.axni Printed: 12:03:06 PM 3/18/2016 Commercial Contract - Unimproved Property concerning 11418 Willowcreek, CC, Texas Willow Park 10. CLOSING: A. The date of the closing of the sale (closing date) will be on or before the later of: (1) 9 fifteen (15) days after the expiration of the feasibility period. ❑ N/A (specific date). ❑ N/A (2) 7 days after objections made under Paragraph 6C have been cured or waived. B. If either party fails to close by the closing date, the non -defaulting party may exercise the remedies in Paragraph 15. C. At closing, Seller will execute and deliver, at Seller's expense, a ❑ general )0 special warranty deed. The deed must include a vendor's lien if any part of the sales price is financed. The deed must convey good and indefeasible title to the Property and show no exceptions other than those permitted under Paragraph 6 or other provisions of this contract. Seller must convey the Property: (1) with no liens, assessments, or other security interests against the Property which will not be satisfied out of the sales price, unless securing loans Buyer assumes; (2) without any assumed loans in default; and (3) with no persons in possession of any part of the Property as lessees, tenants at sufferance, or trespassers except tenants under the written leases assigned to Buyer under this contract. D. At closing, Seller, at Seller's expense, will also deliver to Buyer: (1) tax statements showing no delinquent taxes on the Property; (2) an assignment of all leases to or on the Property; (3) to the extent assignable, an assignment to Buyer of any licenses and permits related to the Property; (4) evidence that the person executing this contract is legally capable and authorized to bind Seller; (5) an affidavit acceptable to the title company stating that Seller is not a foreign person or, if Seller is a foreign person, a written authorization for the title company to: (i) withhold from Seller's proceeds an amount sufficient to comply applicable tax law; and (ii) deliver the amount to the Internal Revenue Service (IRS) together with appropriate tax forms; and (6) any notices, statements, certificates, affidavits, releases, and other documents required by this contract, the commitment, or law necessary for the closing of the sale and issuance of the title policy, all of which must be completed by Seller as necessary. E. At closing, Buyer will: (1) pay the sales price in good funds acceptable to the title company; (2) deliver evidence that the person executing this contract is legally capable and authorized to bind Buyer; (3) sign and send to each tenant in a lease for any part of the Property a written statement that: (a) acknowledges Buyer has received and is responsible for the tenant's security deposit; and (b) specifies the exact dollar amount of the security deposit; (4) sign an assumption of all leases then in effect; and (5) execute and deliver any notices, statements, certificates, or other documents required by this contract or law necessary to close the sale. F. Unless the parties agree otherwise, the closing documents will be as found in the basic forms in the current edition of the State Bar of Texas Real Estate Forms Manual without any additional clauses. 11. POSSESSION: Seller will deliver possession of the Property to Buyer upon closing and funding of this sale in its present condition with any repairs Seller is obligated to complete under this contract, ordinary wear and tear excepted. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written lease agreement is a landlord -tenant at sufferance relationship between the parties. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer Computer generated using AutoContreot 7 TM, from AutoRenity, LLC, 1060 W. Pipefne, Suite 101, Horst, 1X 76053. (800) 322-1178 Page 7 of 13 City of CC - WilloW - Sada - 031216.axrrl Punted: 12:03:06 PM 3/18/2016 Commercial Contract - Unimproved Property concerning 11418 Willowcreek, CC, Texas Willow Park 12. SPECIAL PROVISIONS: The following special provisions apply and will control in the event of a conflict with other provisions of this contract. (If special provisions are contained in an Addendum, identify the Addendum here and reference the Addendum in Paragraph 22D.) See attached Addendum to Commercial Contract attached hereto. 13. SALES EXPENSES: A. Seller's Expenses: Seller will pay for the following at or before closing: (1) releases of existing liens, other than those liens assumed by Buyer, including prepayment penalties and recording fees; (2) release of Seller's loan liability, if applicable; (3) tax statements or certificates; (4) preparation of the deed; (5) one-half of any escrow fee; (6) costs to record any documents to cure title objections that Seller must cure; and (7) other expenses that Seller will pay under other provisions of this contract. B. Buyer's Expenses: Buyer will pay for the following at or before closing: (1) all loan expenses and fees; (2) preparation of any deed of trust; (3) recording fees for the deed and any deed of trust; (4) premiums for flood insurance as may be required by Buyer's lender; (5) one-half of any escrow fee; (6) other expenses that Buyer will pay under other provisions of this contract. 14. PRORATIONS: A. Prorations: (1) Interest on any assumed loan, taxes, rents, and any expense reimbursements from tenants will be prorated through the closing date. (2) If the amount of ad valorem taxes for the year in which the sale closes is not available on the closing date, taxes will be prorated on the basis of taxes assessed in the previous year. If the taxes for the year in which the sale closes vary from the amount prorated at closing, the parties will adjust the prorations when the tax statements for the year in which the sale closes become available. This Paragraph 1 4A(2) survives closing. (3) If Buyer assumes a loan or is taking the Property subject to an existing lien, Seller will transfer all reserve deposits held by the lender for the payment of taxes, insurance premiums, and other charges to Buyer at closing and Buyer will reimburse such amounts to Seller by an appropriate adjustment at closing. B. Rollback Taxes: If Seller's use or change in use of the Property before closing results in the assessment of additional taxes, penalties, or interest (assessments) for periods before closing, the assessments will be the obligation of the Seller. If this sale or Buyer's use of the Property after closing results in additional assessments for periods before closing, the assessments will be the obligation of Buyer. This Paragraph 14B survives closing. C. Rent and Security Deposits: At closing, Seller will tender to Buyer all security deposits and the following advance payments received by Seller for periods after closing: prepaid expenses, advance rental payments, and other advance payments paid by tenants. Rents prorated to one party but received by the other party will be remitted by the recipient to the pa to whom it was prorated within 5 days after the rent is received. This Paragraph 14C survives closing. (TAR -1802) 1-1-16 Initialed for Identification by Seller , and Buyer , Page 8 of 13 Computer generated using AutoContract 7 TM, from AutoRealty, LLC, 1060 W. Pipeine, Suite 101, }fust, TX 76053, (800) 322-1178 City of CC - Willow - Sada - 031216.axni Printed: 12:03:06 PM 3/18/2016 Commercial Contract - Unimproved Property concerning 11418 Willowcreek, CC, Texas Willow Park 15. DEFAULT: A. If Buyer fails to comply with this contract, Buyer is in default and Seller, as Seller's sole remedy(ies), may terminate this contract and receive the earnest money, as liquidated damages for Buyer's failure except for any damages resulting from Buyer's inspections, studies or assessments in accordance with Paragraph 7C(3) which Seller may pursue, or (Check if applicable) ❑ enforce specific performance, or seek such other relief as may be provided by law. B. If, without fault, Seller is unable within the time allowed to deliver the estoppel certificates, survey or the commitment, Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; or (2) extend the time for performance up to 15 days and the closing will be extended as necessary. C. Except as provided in Paragraph 15B, if Seller fails to comply with this contract, Seller is in default and Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; ef• cific fie, er seek such e414er relief as may be provided by law, or both. 16. CONDEMNATION: If before closing, condemnation proceedings are commenced against any part of the Property, Buyer may: A. terminate this contract by providing written notice to Seller within 15 days after Buyer is advised of the condemnation proceedings and the earnest money, less any independent consideration paid under Paragraph 7B(1), will be refunded to Buyer; or B. appear and defend in the condemnation proceedings and any award will, at Buyer's election, belong to: (1) Seller and the sales price will be reduced by the same amount; or (2) Buyer and the sales price will not be reduced. 17. ATTORNEY'S FEES: If Buyer, Seller, any broker, or the title company is a prevailing party in any legal proceeding brought under or with relation to this contract or this transaction, such party is entitled to recover from the non -prevailing parties all costs of such proceeding and reasonable attorney's fees. This Paragraph 17 survives termination of this contract. 18. ESCROW: A. At closing, the earnest money will be applied first to any cash down payment, then to Buyer's closing costs, and any excess will be refunded to Buyer. If no closing occurs, the title company may require payment of unpaid expenses incurred on behalf of the parties and a written release of liability of the title company from all parties. B. If one party makes written demand for the earnest money, the title company will give notice of the demand by providing to the other party a copy of the demand. If the title company does not receive written objection to the demand from the other party within 15 days after the date the title company sent the demand to the other party, the title company may disburse the earnest money to the party making demand, reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money and the title company may pay the same to the creditors. C. The title company will deduct any independent consideration under Paragraph 7B(1) before disbursing any earnest money to Buyer and will pay the independent consideration to Seller. D. If the title company complies with this Paragraph 18, each party hereby releases the title company from all claims related to the disbursal of the earnest money. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer )--)/ ,ih Page 9 of 13 Conputer generated using AutoContract 7 TM, from AutoRealty, LLC, 1060 W. Pipeine, Suite 101, Hurst, TX 76053, (800) 322-1178 City of CC - Willow - Sada - 031216.axni Printed: 12:03:07 PM 3/18/2016 Commercial Contract - Unimproved Property concerning 11418 Willowcreek, CC, Texas Willow Park E. Notices under this Paragraph 18 must be sent by certified mail, return receipt requested. Notices to the title company are effective upon receipt by the title company. F. Any party who wrongfully fails or refuses to sign a release acceptable to the title company within 7 days after receipt of the request will be liable to the other party for: (1) damages; (11) the earnest money; (iii) reasonable attorney's fees; and (iv) all costs of suit. G. ❑ Seller ❑ Buyer intend(s) to complete this transaction as a part of an exchange of like -kind properties in accordance with Section 1031 of the Internal Revenue Code, as amended. All expenses in connection with the contemplated exchange will be paid by the exchanging party. The other party will not incur any expense or liability with respect to the exchange. The parties agree to cooperate fully and in good faith to arrange and consummate the exchange so as to comply to the maximum extent feasible with the provisions of Section 1031 of the Internal Revenue Code. The other provisions of this contract will not be affected in the event the contemplated exchange fails to occur. Property Condition Statomont (TAR 1/108). (2) any pending or tbreatcncd +itigatien, cefielcmi9atiom, or aescsament affecting thc Property; (3) (1) (5) any environmental hazards or conditions that materially affoct tho Proporty; whcthcr thc Property is or has bccn used for thc storage or disposal of hazardous materials or whcthcr radon, asbestos containing materials, tirm fermaldehyde foam insulation, leQd based (6) any wetlands, as dcfincd by federal or state law or regulation, on thc Property; (7) any throatoncd or endangered cpecios or their habitat on the Property; detrimentally affect thc ordinary uco of tho Property; (10) any condition on the Property that violates any law or ordinance. (Dcocribc any exception to (1) (10) in Paragraph 12 or an addendum.) 20. NOTICES: All notices between the parties under this contract must be in writing and are effective when hand -delivered, mailed by certified mail return receipt requested, or sent by facsimile transmission to the parties addresses or facsimile numbers stated in Paragraph 1. The parties will send copies of any notices to the broker representing the party to whom the notices are sent. ❑ A. Seller also consents to receive any notices by e-mail at Seller's e-mail address stated in Paragraph 1. ❑ B. Buyer also consents to receive any notices by e-mail at Buyer's e-mail address stated in Paragraph 1. 21. DISPUTE RESOLUTION: The parties agree to negotiate in good faith in an effort to resolve any dispute related to this contract that may arise. If the dispute cannot be resolved by negotiation, the parties will submit the dispute to mediation before resorting to arbitration or litigation and will equally share the costs of a mutually acceptable mediator. This paragraph survives termination of this contract. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction. 22. AGREEMENT OF THE PARTIES: A. This contract is binding on the parties, their heirs, executors, representatives, successors, and permitted assigns. This contract is to be construed in accordance(ith th laws of the State of Texas. 5 Page 10 of 13 (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer Computer generated using AutoContract 7 TM, from AutoRealty, LLC, 1060 W. Pipetne, Suite 101, Hurst, 7X 76053, (800) 322-1178 City of CC - Willow - Sada - 031216.exr1 Printed: 12:03:07 PM 3/18/2016 Commercial Contract - Unimproved Property concerning 11418 Willowcreek, CC, Texas Willow Park If any term or condition of this contract shall be held to be invalid or unenforceable, the remainder of this contract shall not be affected thereby. B. This contract contains the entire agreement of the parties and may not be changed except in writing. C. If this contract is executed in a number of identical counterparts, each counterpart is an original and all counterparts, collectively, constitute one agreement. D. Addenda which are part of this contract are: (Check all that apply.) (1) Property Description Exhibit identified in Paragraph 2; ❑ (3) Commercial ❑ ('1) Commorcial Contract Addendum for Special Provisions (TAR 18'10); ❑ (5) Notice to Purchaccr of Roal Property in a Wator District (MUD); ❑ (6) Addendum for Coastal Arca Property (TAR 1915); (8) Information About Brokerage Services (TAR -2501); and (9) See Attached Addendum to Contract and Exhibit B. (Note: Counsel for the Texas Association of REALTORS® (TAR) has determined that any of the foregoing addenda which are promulgated by the Texas Real Estate Commission (TREC) or published by TAR are appropriate for use with this form.) E. Buyer 14 may ❑ may not assign this contract. If Buyer assigns this contract, Buyer will be relieved of any future liability under this contract only if the assignee assumes, in writing, all obligations and liability of Buyer under this contract. 23. TIME: Time is of the essence in this contract. The parties require strict compliance with the times for performance. If the last day to perform under a provision of this contract falls on a Saturday, Sunday, or legal holiday, the time for performance is extended until the end of the next day which is not a Saturday, Sunday, or legal holiday. 24. EFFECTIVE DATE: The effective date of this contract for the purpose of performance of all obligations is the date the title company receipts this contract after all parties execute this contract. 25. ADDITIONAL NOTICES: A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a title policy. B. If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fees of the district before final execution of this contract. C. Notice Required by §13.257, Water Code: "The real property, described below, that you are about to purchase may be located in a certificated water or sewer service area, which is authorized by law to provide water or sewer service to the properties in the certificated area. If your property is located in a certificated area there may be special costs or charges that you will be required to pay before you can receive water or sewer service. There may be a period required to construct lines or other facilities necessary to provide water or sewer service to your property. You are advised to determine if the property is in a certificated area and contact the utility service provider to determine the cost that you will be required to pay and the period, if any, that is required to provide water or sewer service to your property. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or before the execution of a binding contract for the purchase of the real property described in the notice or at closing of purchase of the real property." The real property is descr ed i ,Paragraph 2 of this contract. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer401, 's' Page 11 of 13 Computer generated using AutoContract 7 TM from AutoReatty, LLC, 1060 W. Pipefne, Suite 101, Hurst, TX 76053, (800) 322-1178 City of CC - Wilbw - Sada - 031216.axnl Printed: 12:03:08 PM 3/18/2016 Commercial Contract - Unimproved Property concerning 11418 Willowcreek, CC, Texas Willow Park D. If the Property adjoins or shares a common boundary with the tidally influenced submerged lands of the state, §33.135 of the Texas Natural Resources Code requires a notice regarding coastal area property to be included as part of this contract. E. If the Property is located seaward of the Gulf Intracoastal Waterway, §61.025, Texas Natural Resources Code, requires a notice regarding the seaward location of the Property to be included as part of this contract. F. If the Property is located outside the limits of a municipality, the Property may now or later be included in the extra -territorial jurisdiction (ETJ) of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and ETJ. To determine if the Property is located within a municipality's ETJ, Buyer should contact all municipalities located in the general proximity of the Property for further information. G. Brokers are not qualified to perform property inspections, surveys, engineering studies, environmental assessments, or inspections to determine compliance with zoning, governmental regulations, or laws. Buyer should seek experts to perform such services. Buyer should review local building codes, ordinances and other applicable laws to determine their effect on the Property. Selection of experts, inspectors, and repairmen is the responsibility of Buyer and not the brokers. Brokers are not qualified to determine the credit worthiness of the parties. H. NOTICE OF WATER LEVEL FLUCTUATIONS: If the Property adjoins an impoundment of water, including a reservoir or lake, constructed and maintained under Chapter 11, Water Code, that has a storage capacity of at least 5,000 acre-feet at the impoundment's normal operating level, Seller hereby notifies Buyer: "The water level of the impoundment of water adjoining the Property fluctuates for various reasons, including as a result of: (1) an entity lawfully exercising its right to use the water stored in the impoundment; or (2) drought or flood conditions." 26. CONTRACT AS OFFER: The execution of this contract by the first party constitutes an offer to buy or sell the Property. Unless the other party accepts the offer by 5:00 p.m., in the time zone in which the Property is located, on , the offer will lapse and become null and void. READ THIS CONTRACT CAREFULLY. The brokers and agents make no representation or recommendation as to the legal sufficiency, legal effect, or tax consequences of this document or transaction. CONSULT your attorney BEFORE signing. Seller: City of Corpus Christi, a Texas municipal Buyer: Martin and Gaby Sada corporation By: By: ;Y. m . By (signature): By (signature): Printed Name: Printed Name: LZ b 1 a V. Q C 4 Title: Title: By: By: By (signature): By (signature): Printed Name: Printed Name: MOP ti/ ,5qt act_ Title: Title: (TAR -1802) 1-1-16 Page 12 of 13 Computer generated using AutoContract 7 "', from AutoRealty, LLC, 1060 W. Pipeine, Site 101, Hurst, TX 76053, (800) 322-1178 City of CC - Willow - Sada - 031216.axrri Printed: 12:03:08 PM 3/18/2016 Commercial Contract - Unimproved Property concerning AGREEMENT BETWEEN BROKERS (use only if Paragraph 98(1) is effective) Principal Broker agrees to pay (Cooperating Broker) a fee when the Principal Broker's fee is received. The fee to be paid to Cooperating Broker will be: ❑ $ or ❑ % of the sales price, or ❑ % of the Principal Broker's fee. The title company is authorized and directed to pay Cooperating Broker from Principal Broker's fee at closing. This Agreement Between Brokers supersedes any prior offers and agreements for compensation between brokers. Principal Broker: By: Cooperating Broker: By: ATTORNEYS Seller's attorney: Address: Phone & Fax: E-mail: Seller's attorney requests copies of documents, notices, and other information: ❑ the title company sends to Seller. ❑ Buyer sends to Seller. Buyer's attorney: Address: Phone & Fax: E-mail: Buyer's attorney requests copies of documents, notices, and other information: LI the title company sends to Buyer. ❑ Seller sends to Buyer. ESCROW RECEIPT The title company acknowledges receipt of: ❑ A. the contract on this day (effective date); ❑ B. earnest money in the amount of $ 500.00 in the form of Title company: Security Title Company of CC By: Assigned file number (GF#): on Address: 5306 Holly Rd., Corpus Christi, Texas 78413 Phone & Fax: E-mail: (TAR -1802) 1-1-16 Cdrrputer generated using AutoContract 7 TM, from AutoRealty, LLC, 1060 W. Pipefne, Suite 101, Hurst, 7X 76053, (800) 322-1178 Page 13 of 13 City of CC - Willow - Sada - 031216.axM Printed: 12:03:09 PM 3/1812016 EXHIBIT A Willow Park —11418 Willowcreek Dr. Corpus Christi, Texas Willowood Unit 5B, Lot 7 , Corpus Christi, Nueces County, Texas. NCAD Tax ID#9707-0007-0070. THE GLOWER CO. Realtors Commercial & Industrial Brokerage P.O. Box 2525 Corpus Christi, Texas 78403-2525 (361)880-4111 office EXHIBIT "B" "AS -IS" PURCHASE (A) BUYER ACKNOWLEDGES AND AGREES THAT BUYER IS PURCHASING THE PROPERTY "AS -IS" "WHERE -IS" AND "WITH ALL FAULTS" WITHOUT ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES, EITHER EXPRESSED OR IMPLIED, OF ANY KIND, NATURE, OR TYPE WHATSOEVER FROM, OR ON BEHALF OF, SELLER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BUYER ACKNOWLEDGES AND AGREES THAT SELLER HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL IMPLIED WARRANTIES CONCERNING THE CONDITION OF THE PROPERTY AND ANY PORTIONS THEREOF, INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL CONDITIONS, PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS, AND ALSO THE IMPLIED WARRANTIES OF HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. (B) BUYER ACKNOWLEDGES AND AGREES THAT BUYER HAS NOT RELIED, AND WILL NOT RELY, UPON ANY REPRESENTATIONS OR WARRANTIES (ORAL OR WRITTEN) MADE BY OR PURPORTEDLY MADE ON BEHALF OF SELLER, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE EXPRESSLY SET FORTH IN THIS AGREEMENT. (C) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, BUYER AGREES THAT NO REPRESENTATION BY OR ON BEHALF OF SELLER OR THE SELLER'S AGENTS HAVE BEEN MADE TO BUYER AS TO THE CONDITION OF THE PROPERTY, ANY RESTRICTIONS RELATED TO THE DEVELOPMENT OF THE PROPERTY, THE APPLICABILITY OF OR COMPLIANCE WITH ANY GOVERNMENTAL REQUIREMENTS, INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL LAWS, OR THE SUITABILITY OF THE PROPERTY FOR ANY PURPOSE WHATSOEVER. Seller's Initial's , Buyer's Initial's ADDENDUM to UNIMPROVED COMMERCIAL CONTRACT - UNIMPROVED PROPERTY between THE CITY OF CORPUS CHRISTI ("SELLER") and MARTIN & GABY SADA ("BUYER") 1. This contract is contingent upon final approval and unanimous vote from the Corpus Christi City Council. 2. Buyer acknowledges that the subject property is being sold in its AS IS WHERE IS condition with any and all faults per the addendum attached hereto as Exhibit B. 3. Buyer, at Buyers sole expense, shall be responsible for any and all platting and/or zoning application fees and any associated expenses related to platting or rezoning the said property. 4. If due to factors beyond Seller's control, the commitment and/or the exception documents are not delivered within the time required, either party may terminate this contract and the earnest money be refunded to Buyer, as its sole remedy. 5. Buyer, at Buyer's sole expense during the Feasibility Period will verify with the City of Corpus Christi — Development Services that Buyer's intended use is permitted in the current zoning district of the said property. 6. In regards to Paragraph 17 — ATTORNEY FEES: the last sentence shall be modified to read as followed: "This Paragraph 17 survives termination of this contract, however, the Seller shall not be liable for any such attorney's fees." Seller's Initial's , Buyer's Initial's AGENDA MEMORANDUM Future Item for the City Council Meeting of March 29, 2016 Action Item for the City Council Meeting of April 12, 2016 DATE: TO: March 10, 2016 Ronald L. Olson, City Manager FROM: Miles Risley, City Attorney milesr@cctexas.com (361)826-3361 Motion to authorize Professional Services Agreement with Julian Grant for Legal Services in amount of $50 per hour, in a total amount not to exceed $75,000 CAPTION: Motion to authorize City Manager or designee to execute Professional Services Agreement for Contract Legal Counsel with Julian Grant at hourly rate of $50.00 in a total amount not to exceed $75,000 for Fiscal Year 2015-2016. PURPOSE: Contract to continue to receive legal services from attorney experienced with City development services and economic development areas of law. BACKGROUND AND FINDINGS: City has occasionally entered into agreements for contract legal counsel for outside legal services as needed for such matters as water law expertise, municipal court prosecution, and economic development and development services. When the City expects an agreement will exceed $50,000 in a fiscal year, it obtains City Council approval. For example, the City Council previously authorized a one-year contract with attorney Tim Brown of the Sledge Law Firm to provide water law expertise at hourly rate of $175, in an amount not to exceed $7,000 per month. In the last few years, the City has entered into agreements for contract legal counsel for municipal transactional work and Municipal Court prosecution at rates between $30 and $50 per hour. In 2015, Julian Grant retired from more than 20 years of municipal and state service. Upon his retirement, the City contracted with him to allow continued legal services in development services and economic development at hourly rate of $50 per hour. Initially, it was unknown how long Mr. Grant would be able to continue providing services. However, services have now exceeded $50,000 including service in FY14-15, and such services will total more than $75,000 in the current fiscal year. Mr. Grant served as Assistant Attorney General in the AG's Municipal Affairs Division and Public Finance Division from 2003 to 2012. Prior to that, he was a Deputy City Attorney for Temple, Texas for 8 years. After leaving the AG's office, he was City Attorney of Kyle, Texas in 2012 and 2013. Then, he worked as an Assistant City Attorney for the City of Corpus Christi for approximately 2 years prior to his retirement in 2015. This proposed cost of this contract is less than the amount budgeted for the activities that would be performed by a full-time, employed attorney performing said activities. ALTERNATIVES: Employ Assistant City Attorney to provide legal services in these areas OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Article IV Section 10 (h) of the City Charter provides that contracts for legal services require request of the City Attorney sating the necessity therefor with the consent of the City Manager. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: City Manager 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 $213,793.03 $213,793.03 Encumbered / Expended Amount $131,443.03 $131,443.03 This item $75,000 $75,000 BALANCE $7,000 $7,000 Fund(s): City Attorney Professional Services Comments: RECOMMENDATION: To authorize the contract for professional legal services with attorney Julian Grant. LIST OF SUPPORTING DOCUMENTS: Resume Contract Professional Services Agreement for Contract Legal Counsel (FY 2015-2016) This Professional Services Agreement ("Agreement") for Outside Legal Counsel is entered into by and between the City of Corpus Christi, a Home -Rule Municipality ("Client"), and Julian Grant, Attorney -at -Law, ("Counsel") effective for all purposes upon execution by the City Manager or City Manager's designee. Section 1: Licensure Counsel warrants and agrees that Counsel is licensed to practice law in the State of Texas without limitation. Counsel must maintain Counsel's license to practice law in good standing throughout the term of this Agreement. If Counsel is no longer be authorized to practice law in the State of Texas, this contract will terminate immediately. Section 2: Effective Date, Term, Termination a. The term of this agreement is from October 1, 2015 through September 30, 2016 (FY 2015-2016) unless sooner terminated. b. Either party may terminate this agreement by giving at least 10 days' written notice to the other of its intent to terminate this agreement. Such termination may be made with or without cause. During the 10 -day period after such notice is sent, the parties shall continue to act toward each other in good faith. In such event of termination without cause, Client will be invoiced for the actual time and charges accumulated through the date of termination. c. Counsel's primary Client contact will be with Lisa Aguilar, known hereinafter as the "primary Client contact". The City Attorney may redesignate this primary Client contact at any time. Only the primary Client contact or the City Attorney may assign duties to Counsel unless otherwise directed by the City Attorney. Section 3: Services to be Performed Client desires Counsel to perform and Counsel agrees to perform, the following duties: Development Services (general advice, attend meetings of Planning Commission, attend meetings of Zoning Board of Adjustment), Sales Tax advice as requested, Economic Development (advice & selected meetings of Type A Board), selected ABC Center matters, selected Downtown matters, selected Construction matters, selected CVB matters, selected intergovernmental relations matters, selected financing & bond matters, other legal matters as requested by Client contact. All duties assigned to Counsel shall be appropriate to and consistent with the professional role and responsibility of Counsel. Section 4: Fee for Services a. Total cost for all services provided by Counsel and all expenses incurred by Counsel under this Agreement shall not exceed $75,000 unless expressly authorized by written amendment to this Agreement. b. Client will pay Counsel a fee for the Services on the following terms: $50.00 per hour. c. Counsel shall submit detailed invoices for all services rendered on a weekly basis. All services invoiced to the Client by Counsel are subject to final approval by the City Attorney prior to payment. Payments due to Counsel by the Client are payable within 30 days upon receipt of an acceptable invoice. Section 5: Hours of Work This contract does not guarantee any specific amount of hours of work. Hours will be as necessary to provide for completion of the task. For budgeting purposes, Counsel shall not generally provide more than 30 hours of work per week to Client. If Counsel exceeds 30 hours of work in any work week, then Counsel will reduce the hours in the following three weeks by the number of hours in which the 30 -hour limit was exceeded in a manner that ensures that no more than 120 hours are worked in any four-week period. This hourly limit may be waived for any week by written authorization of the City Attorney. Section 6: Appropriation of Funds All parties recognize that the continuation of any contract after the close of any fiscal year of Client, which fiscal year ends on September 30t1i of each year, shall be subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. Client does not represent that the budget item will be actually adopted, said determination being within the sole discretion of the City Council at the time of adoption of such budget. Section 7: Independent Contractor Counsel shall perform all professional services as an independent contractor and shall furnish such services in its own manner and method, and under no circumstances or conditions shall an agent, servant, or employee of Counsel be considered an employee of the Client. If Counsel believes, at any point, that its duties create an employment relationship with Client, then Counsel shall immediately notify its primary Client contact in writing. Further, Counsel agrees that: a. Counsel is permitted and encouraged to maintain clients other than the City of Corpus Christi; b. Counsel is not solely economically dependent on Client for Counsel's support; c. Counsel is responsible for its own training If Counsel receives any training by Client; Counsel's training is provided only to the extent such training corresponds with training provided to Client's employees; d. Counsel will notify Client of any necessary changes to its scheduled services with Client at least one week in advance; e. Counsel's services to Client may be provided on-site or off-site, depending on the nature of each task; f. Counsel represents that Counsel has provided Counsel's own tools necessary to provide services to the Client. Client may provide tools as necessary to increase efficiency of provision of services to Client; g. Counsel is an independent contractor, so Counsel is not required to follow Client's human resources policies; h. Counsel is not entitled to travel expenses EXCEPT with the prior written approval of the primary Client contact on a case-by-case basis for the sole benefit of Client; i. Counsel is not required to provide full-time services to Client. In no week will Counsel provide more than 40 hours of service to Client. Hours of work will vary according to tasks required of Counsel. j. Counsel maintains its own external or home office at the aforementioned location. k. Counsel will invoice Client on a weekly basis, with payment to be provided within 30 days after submission of invoice. Counsel shall provide information on said invoices as required by the primary Client contact. Section 8: Federal and State Taxes Counsel is an independent contractor and is not an employee. Accordingly, Client shall not withhold income tax, payroll tax, social security tax, FICA, unemployment taxes, or any other taxes or fees unless such withholding is required by law for independent contractors. Counsel will provide the Client with a completed I.R.S. Form W-9, Request for Taxpayer Identification Number and Certification. Client will provide Counsel with a 1099 annually. Section 9: Notice to Counsel about Its Tax Duties and Liabilities Counsel understands that he or she is responsible to pay, according to law, Counsel's income taxes. If Counsel is not a corporation, Counsel further understands that Counsel may be liable for self-employment (social security) tax, to be paid by Counsel according to law. Section 10: Responsibility for Workers' Compensation No workers' compensation insurance shall be obtained by Client covering Counsel or employees of Counsel. Counsel shall maintain a high standard of care when on Client's property and shall indemnify, defend, and hold Client harmless for any injury occurring to Counsel as a result of any condition of Client's property and for any actions of Counsel, regardless of the hidden nature of the condition or Client's contributory negligence in maintaining such condition. Section 11: Employment Benefits Counsel acknowledges that as a non-employee of Client, he or she is not entitled to participate in any of Client's employee benefit programs, nor are his or her spouse or any dependents. Counsel hereby waves his or her right to participate in any such programs including pension, health or other fringe benefits. Section 12: Outside Activities Outside consulting or business opportunities are completely allowed under this agreement. Counsel may accept or engage in outside business opportunities with the understanding that such arrangements must not constitute a conflict of interest with Counsel's responsibilities under this Agreement. Section 13: General Business Expenses Client shall not be liable to Counsel for any expenses paid or incurred by Counsel unless otherwise agreed to in writing. Section 14: Assignability Counsel shall not assign, transfer, or delegate any of his/her obligations or duties in this Contract to any other person without the prior written consent of the Client. The performance of this Agreement by Counsel is the essence of this Agreement and Client's right to withhold consent to such assignment shall be within the sole discretion of the Client on any grounds whatsoever. Section 15: Qualification Counsel is fully capable and qualified to execute the services in this agreement and does not require any training from the Client. Section 16: Quality of Service All work will be done in accordance with the standards of the legal profession and all services are subject to final approval by a representative of the Client prior to payment. Section 17: Subcontractors Counsel may not use any subcontractor in connection with the work performed under this Agreement unless the subcontractor is approved in writing by the primary Client contact. Section 18: Indemnification COUNSEL MUST INDEMNIFY AND HOLD CLIENT AND CLIENT'S OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") HARMLESS OF, FROM, AND AGAINST ALL CLAIMS, DEMANDS, ACTIONS, DAMAGES, LOSSES, COSTS, LIABILITIES, EXPENSES, AND JUDGMENTS RECOVERED FROM OR ASSERTED AGAINST INDEMNITEES ON ACCOUNT OF INJURY OR DAMAGE TO PERSON OR PROPERTY TO THE EXTENT ANY SUCH DAMAGE OR INJURY MAY BE INCIDENT TO, ARISE OUT OF, OR BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE PERFORMANCE OF THIS AGREEMENT, AN ACT OR OMISSION, NEGLIGENCE OR MISCONDUCT ON THE PART OF COUNSEL, OR ANY OF COUNSEL'S AGENTS, SERVANTS, CONTRACTORS, OR EMPLOYEES IN PERFORMANCE OF THIS AGREEMENT. COUNSEL AGREES TO INDEMNIFY AND SAVE HARMLESS CLIENT, ITS AGENTS, SERVANTS, AND EMPLOYEES, ("INDEMNITEES"), FROM ANY AND ALL LIABILITIES, LOSSES, DAMAGES, OR EXPENSES, INCLUDING ATTORNEY'S FEES RESULTING FROM THE NEGLIGENCE OR ACTS OR OMISSIONS OF COUNSEL, ITS EMPLOYEES, OFFICERS, AGENTS OR CONTRACTORS, WHILE IN PERFORMANCE OF THIS AGREEMENT. Section 19: Confidential Matters and Proprietary Information Counsel recognizes that during the course of contract performance he or she may acquire knowledge or confidential information. Counsel agrees to keep all such confidential information in a secure place and further agrees not to publish, communicate, divulge, use, or disclose, directly or indirectly, for his or her own benefit or for the benefit of another, either during or after contract performance, any such confidential information. Upon termination or expiration of this Agreement, Counsel shall deliver all records, data, information, and other documents produced or acquired during the performance of this Agreement and all copies thereof to Client. Such material shall remain the property of Client. Section 20: Venue and Applicable Law This Agreement shall be subject to all Federal, State and local laws. All duties of the parties shall be considered to have been performed in the City of Corpus Christi, Texas for the purpose of venue for any dispute. The applicable law for any legal disputes arising out of this Agreement shall be the law of Texas and such forum and sole venue for such disputes shall be the appropriate court in Nueces County, Texas. Section 21: Waiver No waiver of any breach of any term, or condition of this Agreement, shall be construed to waive any subsequent breach of the same. Section 22: Conflict of Interests Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the Client Secretary's Office, if required. Section 23: Captions The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. Section 24: Notices Notices shall be in writing and delivered to: To Client's office at: City Attorney's Office Att: Laurie Ledesma-Garcia 1201 Leopard Corpus Christi, Texas 78401 To Counsel's office at: Name Street Address Client, State, Zip Phone No: Section 25: No Waiver No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. Section 26: Amendments or Modifications No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. Section 27: Relationship of Parties In performing this Agreement, both the Client and Counsel shall act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint -venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. Section 28: Severability If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. 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 by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. Section 29: Background Investigation of Counsel If required by Client, Counsel agrees to submit to a full background investigation prior to the performance of any services under this Agreement, which may include but is not limited to a criminal history check and fingerprinting. The discovery of an undisclosed criminal conviction may be grounds for immediate termination of this Agreement without prior notice by the Client, as may the conviction of Counsel during the term of the Agreement of any criminal offense. Section 30: Criminal Arrest and Convictions Counsel certifies that Counsel does not have any convictions, deferred adjudication, or unadjudicated arrest for any criminal offense constituting a Class B misdemeanor, Class A misdemeanor, or felony, except as disclosed as follows: . During the term of this Agreement, Counsel will immediately notify the Client in writing of any arrest or conviction for a criminal offense constituting a class B misdemeanor, Class A misdemeanor, or felony. Section 31: Sole Agreement This Agreement constitutes the sole agreement between the Client and Counsel. Any prior agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, shall not be binding on the Client. EXECUTED by the PARTIES, both of which hereby represent that the signatures to this AGREEMENT, below, are of those persons with the capacity and authority to legally bind the PARTIES. City of Corpus Christi Outside Counsel Ronald Olson City Manager Name: Date Date JULIAN GRANT 101 Parque Circle Georgetown, TX 78626 512-439-9993 EMPLOYMENT Law Offices of Julian Grant June 2015 -present Retain duties with the City of Corpus Christi below City of Corpus Christi 2013-2015 Senior Assistant City Attorney Advised City Council, Planning Commission, Zoning Board of Adjustment, Type A Corporation, Chapter 380 and related Economic Development projects, Finance Department, Land Use and Planning Department, Museum, Convention and Visitors' Bureau, City Arena and Convention Center. Serve as Legal Training Officer. City of Kyle 2012-13 City Attorney Performed most legal work for City and advised for all municipal matters including economic development, zoning, code enforcement, utility issues and litigation, open records, ethics, agenda and ordinance preparation, prosecution, and Human Resource issues. Also coordinated outside litigation and water utility counsel. Texas Attorney General's Office, Austin 2003-2012 Municipal Affairs Section Chief Provided assistance to municipal and other local elected officials and employees. Drafted Made Easy articles for agency and the Economic Development Handbook for Texas Cities. Provided presentations to various organizations on economic development, conflicts law, open meetings, open records, hotel tax, municipal court, land use, and Attorney General opinions. Reviewed draft opinions with municipal issues. Monitored legislative hearings and handled legislative contacts on municipal matters. Worked with executive office on any municipal law issue that developed. Public Finance Department Reviewed bonds and other obligations for public works projects by public issuers. Texas Workforce Commission, Austin 2003 Appeal Tribunal Held hearings for appeals of adjudications on unemployment benefits. City of Temple Legal Department, Temple 1995-2002 Deputy City Attorney Specialized in condemnation and property acquisition, most city contracts and real property issues. Represented City in state trial and appellate courts. Negotiated and drafted sales contract for countywide communications system. Created forms for major public works construction contracts and design professional agreements. Advised Zoning Board of Adjustment, Parks Board, Personnel, Airport, Community Development, and other departments. Prosecuted cases in Municipal Court. ADMISSIONS AND LEGAL ORGANIZATIONS • State Bar of Texas • U.S. District Court, Southern District (TX) • U.S. District Court, Western District (TX) • Texas City Attorneys' Association–frequent presenter at annual meeting • Long-time Member of State Bar College • Past President, Bell County Young Lawyers Association—organization received multiple honors with Texas Young Lawyers Association and American Bar Association • Member, International Municipal Lawyers Association, presenter at conferences in D.C., San Francisco and Prague, co-chair of Finance/Economic Development section, co-chair of Land Use section, Local Government Fellow, 2010 (one of four in the nation), recertified 2015, moderator at 2015 annual conference for 3 classes, trip to Cuba 2016 • Member and Master, Robert Calvert Inn of Court • Past Board Member of Legal Aid of Central Texas EDUCATION University of Texas School of Law, J.D. Order of the Coif American Journal of Criminal Law notes editor Harvard University, B.A. Cum Laude, American History COMMUNITY/PERSONAL INFORMATION Past Member of Board of Directors and Incorporator of Temple Symphony Orchestra Past President of South Austin Rotary Club, Rotary District officer for Youth programs Former Member of Board of Directors of Temple Area Federal Credit Union 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. Law Office of Julian Grant Georgetown, TX United States Certificate Number: 2016-28075 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 03/18/2016 Date Acknowledged: 3 Provide the identification number used by the govemmental 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 Legal Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X (ertgti.b,it,, 3.4,2. 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. I ( i aY Z HEATHER FULLER *,"t, -y Notary Public �, S`, • "" STATE OF TEXAS 3 .,..k(. v_ 3r...L0......,:i* - ', rill' Si! +':ture of authorized agent of contracting business entity Sworn to and subscribed before me, by the said \--A.0 1 r'>6 v'`t 'r"j , this the 1 0'6 da of IA W Al , 20 � ��""Y ri , to certify which, witness my hand and seal of office. \\ •A'k\VC OVY S) 0 -. Signature of officer administe ng oa Printed name of officer administering oath Title of officer administering oath arms provided by Texas Ethics Commission www.ethics.state.tx. us Version V1.0.312 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 29, 2016 Action Item for the City Council Meeting of April 19, 2016 DATE: April 14, 2016 TO: Ronald L. Olson, City Manager THRU: Mark Van Vleck, P.E., Assistant City Manager MarkVV@cctexas.com (361) 826-3082 FROM: Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Stacie Talbert-Anaya, Interim Director Parks & Recreation StacieT@cctexas.com (361) 826-3476 Execute Construction Contract Collier Pool Renovations (Bond 2012) Rebid — Part A (Pool) CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Atlantis Aquatic Group of Austin, Texas in the amount of $1,782,412 for the Collier Pool Renovations Rebid — Part A (Pool) project for replacement of the existing swimming pool and pump house. (Bond 2012 Proposition 4 — Aquatic Facilities) PURPOSE: The purpose of this Agenda Item is to execute a Construction Contract with Atlantis Aquatic Group of Austin, Texas for the Collier Pool Renovations Rebid — Part A (Pool) project only. BACKGROUND AND FINDINGS: This project is part of Bond 2012 Proposition 4 — Aquatic Facilities for Repairs, Upgrades, and Improvements which includes Collier, West Guth and other neighborhood pools. Bond 2012 Brochure Language: "Collier Pool is one of the most utilized public facilities in the park system. Dedicated lap swimmers, open swim participants, learn to swim participants and neighborhood groups patronize the pool on a regular basis, maximizing the pool's capacity as well as the city resources used to keep it operational on a year-round basis. West Guth is the second most popular park in Corpus Christi. That pool is one of the most popular places for residents in the Northwest to congregate on hot summer day. Updates to these facilities, and other neighborhood pools, may include construction of splash pads, wading and zero depth entry pools, extension of lap lanes and swimmer amenities." This project for improvements to the Collier Pool originally developed with two Parts as follows: • Part A for the Pool and Pump House • Part B was for outlying buildings including shade structure, restrooms and office facility The initial project was bid for the combined project with both parts that exceeded the available funds. The package was redeveloped and scoped to be bid as two separate packages with Part A only for the Pool and Pump House. The separation of the packages was as a result of input from contractors on cost and complexity of the project. This project provides for only the Pool and the pump house replacement. A second package will be prepared under separate project for the Part B work. This project includes the demolition of the existing pool and construction of a new pool facility in a slightly larger footprint than the existing pool. The new fully ADA accessible pool structure will include a 4,000 square foot adult lap pool with attached 2,000 square foot children's zero entry pool with a water feature and splash pad. A new 485 square foot pump house with new mechanical equipment and full perimeter fencing is included as part of this bid package. On January 6, 2016 the City received proposals from three (3) bidders and the bids are as follows: Contractor Total Bid, Part A Mahan Foundation & Contractors, LLC, Corpus Christi Texas $ 1,480,757.00 Atlantis Aquatic Group, Austin Texas $1,782,412.00 Teal Construction, Corpus Christi Texas $1,885,000.00 The apparent low Bidder was determined to be non-responsive due to omission of the required Bid Bonds. Therefore, it is recommended to award Part A to Atlantis Aquatic Group of Austin, Texas, who was determined as the lowest responsible bidder. ALTERNATIVES: 1. Execute the Construction Contract for the Base Bid, Part A (pool) with Atlantis Aquatic Group as proposed. (Recommended). 2. Do not execute the Construction Contract for the Base Bid, Part A (Pool) with Atlantis Aquatic Group as proposed. (Not Recommended). OTHER CONSIDERATIONS: West Guth Pool upgrades are also programmed within the remaining budget and developed as a separate design bid build project. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Bids process; FY 2015-2016 Capital Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $3,500,000.00 $3,500,000.00 Encumbered/Expended Amount 377,298.00 377,298.00 This item 1,782,412.00 1,782,412.00 Future Anticipated Expenditures This Project 279,618.20 279,618.20 BALANCE 3,122,702.00 -2,062,030.20 1,060,671.80 Fund(s): Park CIP Funds Comments: The Construction Contract will result in the expenditure of an amount not to exceed $1,782,412.00 and the project is estimated to be complete in nine months from the issuance of the Notice to Proceed. RECOMMENDATION: City Staff recommends the approval of the Construction Contract for the Base Bid, Part A (Pool) with Atlantis Aquatic Group of Austin, Texas. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 PROJECT BUDGET Aquatic Facility Upgrades and Improvements Collier Pool BOND 2012 FUNDS AVAILABLE: Parks and Recreation Bond 2012 CIP $3,500,000.00 TOTAL $3,500,000.00 FUNDS REQUIRED: Construction: Construction (Atlantis Aquatics Group) THIS ITEM 1,782,412.00 Construction Contingency (10%) 178,241.20 Construction Inspection & Testing: Construction Inspection (Estimate) 2% 70,000.00 Construction Phase - Materials Testing Services (Rock Engineering) 12,377.00 Design: * Design Architect (Turner Ramirez, LLC.) 329,550.00 Design Phase - Geotechnical & Materials Testing (Rock Engineering) 4,900.00 **Reimbursements: Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) (.05%) 17,500.00 Engineering Services (Project Mgt/Constr Mgt) (1%) Misc. (Printing, Advertising, etc.) 1,500.00 Other: Staff Augmentation 42,848.00 TOTAL 2,439,328.20 *** ESTIMATED PROJECT BUDGET BALANCE $1,060,671.80 * Includes design of both Collier and West Guth Pools **Both Collier and West Guth Pools *** Remaining balance is reserved for the building improvements at Collier Pool and improvements to the West Guth pool facility. 4 CORPUS CHRISTI PARKS& RECREATION Corpus Chr sti Engineering Services Aquatics Facility Upgrades and Improvements Collier Pool Improvements Bond Issue 2012 Proposition 4 Council Presentation April 19, 2016 Vicinity Map Corpus Chr sti Engineering Services Project Location Project Scope Corpus Chr sti Engineering Services CORPUS CHRISTI PARKS& COLLIER POOL FLOOR PLAN TURNER RAMIREZ ARCHITECTS s PLANNERS Project Scope Corpus Chrsti Engineering Services Collier Pool Aquatic Facility Upgrade and Improvement was split into two packages in order to increase competition on a project with major components that required specialty contractors. Package A (Pool and Pump house) • Construction contract under consideration • Contingency for unforeseen site conditions only Package B (Bathhouse and lifeguard buildings, entry way, shade structure ) • Staff evaluating bids • Future agenda item Project Schedule Corpus Chr sti Engineering Services Collier Pool Package A (Pool) M®® 2015 Aug Sep Oct Nov Dec Keesign 2016 U Apr MI®® Feb Bid / Award Aug Sep Oct Nov Dec Construction Projected Schedule reflects City Council award of Collier Pool construction in April 2016 with anticipated construction completion in January 2017. Collier Pool Package B (Bathhouse Building) Bid Opening - April 6, 2016 Anticipated Council Award - May 2016 Contractor NTP - July 2016 Construction Completion - March 2017 West Guth Pool Upgrades Currently being designed in conjunction with West Guth Park Improvements Aquatic Facility Upgrades and Improvements Collier Pool CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-14854 Date Filed: 02/1712016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Atlantis Pool Plastering, Inc. dba Atlantis Aquatic Group Austin, TX United States 2 Name of govemmental 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 identity the contract, and provide a description of the goods or services to be provided under the contract Project No. E14008 Demolition of Existing structures, Construction of new Commercial Swimming Pool & Mechanical Room, Electrical, Plumbing, Fencing 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Atlantis Pool Plastering, Inc. DBA Atlantis Aquatic Grouts Austin, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT AFFIX NOTARY Sworn to 20 16 I swear, or affirm, rider al of perjury, that the above disclo e,,g true and correct. � / —1,1 (� ✓ - RYAN IiAURPHY IORM NOTARY ABM +k COoNIEEIOtt EXPIRES 06-02-2019 Signa . e of authorized agent of contracting business entity Dennis M Watson this the 17th day of February STAMP 1 SEAL ABOVE and subscribed before me, by the said to certify which, witness my hand and seal of office. Ryan Murphy Notary Signature of offic admi' tering oath Printed name of officer administering oath Title of officer administering oath Forms Provided by Texas Ethics Commission www.ethirs.state_tx_us VPrsinn Vi.f1.R4444 AGENDA MEMORANDUM Future Item for the City Council Meeting of April 12, 2016 Action Item for the City Council Meeting of April 19, 2016 DATE: TO: FROM: March 30, 2016 Ronald L. Olson, City Manager E. Jay Ellington, Interim Assistant City Manager iayell@cctexas.com 361.826.3898 Annual Board Meeting of the Corpus Christi Housing Finance Corporation CAPTION: Annual Board Meeting of the Corpus Christi Housing Finance Corporation PURPOSE: The purpose is to hold the Annual Board Meeting of the Corpus Christi Housing Finance Corporation in order to elect officers and consider the adoption of a resolution pertaining to a loan to be made in connection with the 711 Glenoak Apartments, an affordable housing project. BACKGROUND AND FINDINGS: Election of Officers Each year, the CCHFC must conduct its annual meeting and elect new officers. The Bylaws provide for the following: President, Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, General Manager and Assistant General Manager. Typically, the President and Vice President have been elected from the Board of Directors, and in 2015 the Board elected Lillian Riojas and Chad Magill, respectively, to those positions. The Bylaws provide that all officers do not have to be Board members, and the remaining positions have been held by the persons on City staff holding the functional equivalent positions. The recommendation for these positions is as follows: Secretary Assistant Secretary Treasurer Assistant Treasurer General Manager Assistant General Manager Rebecca Huerta Paul Pierce Constance P. Sanchez Alma Casas Ronald L. Olson E. Jay Ellington 911 Glenoak Apartments Project TG 110 Glenoak, LP is the owner of the 911 Glenoak Apartments and was awarded low-income housing tax credits from the Texas Department of Housing and Community Affairs (TDHCA) from the statewide at -risk pool. This project also was awarded local HOME funds from the Corpus Christi Community Improvement Corporation, but its eligibility for the tax credits is conditioned upon the receipt of an additional loan from a local housing entity. The project is coordinated by Housing & Community Services, Inc. of San Antonio (HCS). The 911 Glenoak Apartments are an existing 68 -unit multi -family housing development at 711 Glenoak Drive in Corpus Christi. The closing of the tax credit transaction will result in the complete redevelopment of that project. On February 17, 2015, the CCHFC Board approved the issuance of a loan commitment to provide an interim loan in an amount up to the difference between the minimum amount required under TDHCA rules for the local points award (estimated at $1,020,000) and the actual amount of HOME funds allocated to the project. After completion of the scoring by TDHCA and the HOME funds allocation by the Corpus Christi Community Improvement Corporation, the resulting interim loan requirement is $720,000. As required by the conditions of the loan commitment made by the CCHFC, HCS has made arrangements with its lender for the project, Wells Fargo Bank, National Association, to loan the $720,000 to the CCHFC, which will re -loan the funds to TG 110 Glenoak, LP, the owner of the project. The loan from Wells Fargo Bank will be a special obligation of the CCHFC repayable solely from the proceeds that it receives from its loan to TG 110 Glenoak, LP. Approval of the attached Resolution authorizing the $720,000 loan from Wells Fargo Bank and the lending of said $720,000 loan proceeds to TG Glenoak, LP is required for the project to close. ALTERNATIVES: N/A. The City has already committed its HOME Program funds for the project. The remaining funding amount must be made from the loan structure proposed. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The action conforms to all applicable City and CCHFC policies. EMERGENCY / NON -EMERGENCY: Non -Emergency. This item requires only one meeting of the CCHFC Board. DEPARTMENTAL CLEARANCES: Housing and Community Development and City Secretary's Office FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A RECOMMENDATION: Staff recommends the approval of the loan to TG 110 Glenoak, LP. LIST OF SUPPORTING DOCUMENTS: Agenda for CCHFC Board Meeting Unapproved January 12, 2016, Board Meeting Minutes Treasurers Report Resolution Relating to 711 Glenoak Apartments AGENDA CORPUS CHRISTI HOUSING FINANCE CORPORATION ANNUAL MEETING Date: Tuesday, April 19, 2016 Time: During the meeting of the City Council beginning at 11:30 a.m. Location: City Council Chambers, Corpus Christi City Hall 1201 Leopard Street, Corpus Christi, Texas 78401 1 Vice President Chad Magill calls meeting to order. 2. Secretary Rebecca Huerta calls roll. Board of Directors Officers , President Ronald L. Olson, General Manager Chad Magill, Vice President E. Jay Ellington, Asst. General Manager Rudy Garza, Jr. Rebecca Huerta, Secretary Michael T. Hunter Paul Pierce, Asst. Secretary Nelda Martinez Margie Rose, Treasurer Colleen McIntyre Constance Sanchez, Asst. Treasurer Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn 3. Approve minutes from the Board's special meeting on January 12, 2016. 4. Review of Treasurers Report 5. Election of Officers: President Vice President General Manager Assistant General Manager Secretary Assistant Secretary Treasurer Assistant Treasurer 6. Adoption of a Resolution Authorizing the Execution of Loan Documents with TG - 110 Glenoak, LP and Wells Fargo Bank, National Association, in connection with a loan in the amount of $720,000 to assist in financing the redevelopment of the 911 Glenoak Apartments. 7 Public comment. 8. Adjourn. MINUTES CORPUS CHRISTI HOUSING FINANCE CORPORATION SPECIAL MEETING January 12, 2016 1:20 p.m. PRESENT Board of Directors Lillian Riojas, President Chad Magill, Vice -President Rudy Garza, Jr. Nelda Martinez Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Officers Ronald L. Olson, General Manager Susan K. Thorpe, Asst. General Manager Rebecca Huerta, Secretary Paul Pierce, Asst. Secretary Margie Rose, Treasurer Constance P. Sanchez, Asst. Treasurer President Riojas called the meeting to order in the Council Chambers of City Hall at 1:20 p.m. Secretary Huerta verified that a quorum of the Board was present to conduct the meeting and that notice of the meeting had been posted. President Rioj as, referred to Item 3 and called for approval of the minutes of the February 17, 2015 meeting. Mr. Garza made a motion to approve the minutes as presented, seconded by Mr. Rosas, and passed as follows: Garza, Magill, McIntyre, Martinez, Riojas, Rosas, Rubio, Scott, and Vaughn voting "Aye". President Rioj as, referred to Item 4 and called for the presentation of the Corpus Christi Housing Finance Corporation (CCHFC) Treasurer's Report ending September 30, 2015. Constance Sanchez, Assistant Treasurer, stated the unaudited year-end balance report covered the 12 months ending September 30, 2015. She said the assets were $1,316,106 with liabilities of $406,152 for a total fund balance of $909,954. She reported the total revenues for that period were $65,603 with an expenditure of $44,179 for a total fund balance of $909,954. There were no questions. President Riojas, referred to Item 5 and called for public comment. There was none. President Rioj as referred to Item 6, Executive Session. The Corporation went into Executive Session. Executive session pursuant to Texas Government Code § 551.072 regarding the possible sale and valuation of real property located on the west side of N. Chaparral Street between Schatzel and Peoples Street because deliberation in an open meeting would have a detrimental effect on the position of the corporation in negotiations with a third party, with possible action approving a resolution in open session concerning such sale. The Corporation returned from Executive Session and Ms. McIntyre made a motion to decline to accept the proposed contract and direct staff to issue a new Request for Proposal (RFP) for the sale and development of the property including the new package of incentives available for downtown development, seconded by Ms. Riojas and passed unanimously. Minutes — CCHFC January 12, 2016 — Page 2 Ms. Martinez asked that Kim Womack, Director of Communications, engage in an extra outreach on the new tools and incentives for the downtown development area. There being no further business to come before the Corporation, President Rioj as adjourned the meeting at 2:28 p.m. on January 12, 2016. 9030 CC HOUSING FINANCE CORPORATION SCHEDULE OF ACTIVITIES February 29, 2016 Revenues Charges for services Earnings on investments Total revenues Expenditures Community development Total expenditures/expenses Governmental Schedule Funds Adjustments of Activities 13,668 1 13,669 0 13,668 0 1 0 13,669 668 0 668 668 0 668 Excess (deficiency) of revenues over (under) expenditures 13,001 0 13,001 Fund balance at beginning of year 87,000 822,954 909,954 Fund balance at end of year 100,001 822,954 922,955 9030 CC HOUSING FINANCE CORPORATION STATEMENT OF NET POSITION February 29, 2016 Governmental Schedule Funds Adjustments of Net Assets ASSETS Current assets Cash, cash equivalents & investments 100,001 0 100,001 Receivables Accounts 406,152 0 406,152 Total current assets 406,152 0 406,152 Noncurrent assets Land 0 163,841 163,841 Building & Improvements 0 659,113 659,113 Total noncurrent assets 0 822,954 822,954 Total assets 506,153 822,954 1,329,107 LIABILITIES Deferred Revenue Total liabilities FUND BALANCE Assigned Housing Total Assigned 406,152 406,152 100,001 100,001 0 406,152 0 406,152 100,001 0 100,001 0 Total fund balance 100,001 100,001 0 Total liabilities and fund balance 506,153 NET POSITION Invested in capital assets 822,954 822,954 Unrestricted 100,001 100,001 Total net position 922,955 922,955 A RESOLUTION Resolution Authorizing the Execution of Loan Documents with TG -110 Glenoak, LP and Wells Fargo Bank, National Association, in connection with a loan in the amount of $720,000 to assist in financing the redevelopment of the 911 Glenoak Apartments WHEREAS, the Corpus Christi Housing Finance Corporation (the "CCHFC") has been duly created by the City of Corpus Christi and organized pursuant to the provisions of the Texas Housing Finance Corporations Act, Chapter 394 of the Texas Local Government Code, for the purpose of assisting in the provision of housing options for persons of low and moderate income; and WHEREAS, the CCHFC has established a loan program for projects applying for low-income housing tax credits with the Texas Department of Housing and Community Development ("TDHCA") in which the CCHFC makes loans based on an assignment of loan arrangement; and WHEREAS, on February 17, 2015, the CCHFC passed a resolution authorizing the issuance of a loan commitment in an amount not to exceed $1,020,000.00 for a 15 - year loan to TG 110 Glenoak, LP at an interest rate of 3% per annum for the redevelopment of the 911 Glenoak Apartments in connection with an application for low- income housing tax credits filed with TDHCA; and WHEREAS, TG 110 Glenoak, LP has been awarded low-income housing tax credits and has requested a loan in the amount of $720,000.00 and has made arrangements with its lender, Wells Fargo Bank, National Association, to loan such funds to the CCHFC to be re -loaned to TG 110 GLENOAK, LP for the redevelopment of the 911 Glenoak Apartments; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CORPUS CHRISTI HOUSING FINANCE CORPORATION THAT: 1. The CCHFC is authorized to borrow from Wells Fargo Bank, National Association the amount of $720,000.00 for the redevelopment of the 911 Glenoak Apartments in connection with an application for low-income housing tax credits filed with TDHCA. The loan shall be a limited obligation of the CCHFC payable solely from the loan repayments and collateral assignment of a subordinate lien deed of trust provided by TG 110 Glenoak, LP. Such loan shall bear interest at the rate of 3% per annum and have a term of 16 years. 2. The CCHFC authorizes a loan to TG 110 Glenoak, LP in the amount of $720,000.00 to be made from the proceeds of the foregoing loan obtained from Wells Fargo Bank, National Association. Such loan shall bear interest at the rate of 3% per annum and have a term of 16 years. Said loan shall be secured by a subordinate lien against the 911 Glenoak Apartments provided by TG 110 Glenoak, LP. 3. Each of the President, the General Manager and the Assistant General Manager are separately authorized in their respective capacities of the CCHFC for purposes of executing, attesting, affixing the Corporation's seal to, and delivering the documents and instruments required in connection with the loan from Wells Fargo Bank, National Association and the loan to TG 110 Glenoak, LP referenced above as may be necessary or convenient to carry out or assist in carrying out the purposes of this Resolution and the actions taken previously by such authorized representatives in connection with such matters are hereby ratified and confirmed. The loan documents shall be subject to the approval of any of such officers, and the signature of any of such officers on any such loan document shall be evidence of such approval. DULY PASSED AND ADOPTED this day of April, 2016, at the annual meeting of the Board of Directors. ATTEST: CORPUS CHRISTI HOUSING FINANCE CORPORATION By: By: Rebecca Huerta Name: Secretary Title: President C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@1C0592D1\@BCL@1C0592D1.docx 2 The above resolution was passed by the following vote: Nelda Martinez Rudy Garza, Jr. Chad Magill Colleen McIntyre Michael T. Hunter Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 19, 2016 Second Reading Ordinance for the City Council Meeting of April 26, 2016 DATE: April 5, 2016 TO: Ronald L. Olson, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 861-886-2603 CAPTION: Accepting the Click It or Ticket Grant from TXDOT and appropriating funds Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $16,987.31 from the State of Texas, Department of Transportation for the FY2016 Click It Or Ticket program grant; and appropriating the $16,987.31 in the No. 1061 Police Grants Fund. PURPOSE: Accept and appropriate the grant to utilize the funds. BACKGROUND AND FINDINGS: The State of Texas, Department of Transportation is providing funding for a STEP program called Click It or Ticket (CIOT) where the Police Department will conduct an occupant protection enforcement effort during the Memorial Day Holiday, May 23, 2016 — June 5, 2016. This project will increase safety belt rates through enhanced enforcement and public information and education efforts. Two teams of four officers each will work on an overtime basis enforcing occupant protection laws across the City. The goal of the grant will be to issue 450 safety belt citations and 50 child safety seat citations and in turn increasing safety belt use among drivers and front seat passengers by 2%. Officers will be working on an overtime basis with the State providing 100% of eligible funding of the salaries and retirement. The City of Corpus Christi has had previous CIOT grants since 2002. ALTERNATIVES: Not accept the grant and not participate in the state wide CIOT campaign. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Adheres to all city policies. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: Operating Expense Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $16,987.31 $16,987.31 BALANCE $16,987.31 $16,987.31 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $16,987.31 from the State of Texas, Department of Transportation for the FY2016 Click It Or Ticket program grant; and appropriating the $16,987.31 in the No. 1061 Police Grants Fund BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Texas Department of Transportation in the amount of $16,987.31 for the FY2016 Click It Or Ticket program grant. SECTION 2. That $16,987.31 from the Texas Department of Transportation is appropriated in the No. 1061 Police Grants Fund for funding of the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) within the Police Department. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 19, 2016 Second Reading Ordinance for the City Council Meeting of April 26, 2016 DATE: April 1, 2016 TO: Ronald L. Olson, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 Accepting and appropriating the HIDTA grant award for the Police Department CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant award in the amount of $170,815 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for 4 Corpus Christi Police Officers, and 4 lease vehicles; and appropriating the $170,815 in the No. 1061 Police Grants Fund. PURPOSE: The grant award needs to be accepted and the funds appropriated. BACKGROUND AND FINDINGS: The Corpus Christi Police Department is in the 20th year as a participant in the Texas Coastal Corridor High Intensity Drug Trafficking Area Initiative created by the Executive Office of the President, Office of National Drug Control Policy. The grant provides for the salary and benefits of a full-time program coordinator, one administrative assistant, and overtime for 4 Corpus Christi Police Officers, and 4 lease vehicles. The program focuses on this specific geographic area because it serves as a conduit for narcotics into Corpus Christi and other metropolitan cities as well as a location for money launderers to conduct illegitimate businesses with a consumer base that affects the local population with residual crime. Other agencies participating are the Nueces County Sheriff, Texas Department of Public Safety, Drug Enforcement Administration, Internal Revenue Service, U. S. Customs, and the Bureau of Alcohol, Tobacco, and Firearms. The initiative focuses on the identification and disruption of narcotics trafficking organizations operating in the counties of Aransas, San Patricio, Refugio, Nueces, Kleberg, Kenedy, Jim Wells, Brooks, and Victoria. It is anticipated that shipments of narcotics through this area will be disrupted and long entrenched families of narcotics traffickers will be apprehended. The profits from the sales of narcotics will be identified and seized and the intelligence gathered will be downloaded and shared with other Drug Trafficking Initiatives across the country. This grant award is for the time period 01/01/2016 — 12/31/2017. There are no matching funds required. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $170,815.00 $170,815.00 BALANCE $170,815.00 $170,815.00 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant agreement Ordinance Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $170,815 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for four (4) Corpus Christi Police Officers, and four (4) lease vehicles; and appropriating the $170,815 in the No. 1061 Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant in the amount of $170,815 from the Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for four (4) Corpus Christi Police Officers, and four (4) lease vehicles. SECTION 2. That $170,815 is appropriated in the No 1061 Police Grants Fund from the Office of the President, Office of National Drug Control Policy for funding the Police Department's role in the Texas Coastal Corridor Initiative in the HIDTA for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for four (4) Corpus Christi Police Officers, and four (4) lease vehicles. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor March 10, 2016 Chief Mike Markle Corpus Christi Police Department 321 John Sartain Street Corpus Christi, TX 78403-2511 Dear Chief Markle: We are pleased to inform you that your request for funding from the High Intensity Drug Trafficking Areas (HIDTA) Program has been approved, and a grant (Grant Number G 16HN0006A) has been awarded in the amount of $170,815.00. This grant will support initiatives designed to implement the Strategy proposed by the Executive Board of the Houston HIDTA and approved by the Office of National Drug Control Policy (ONDCP). The original Grant Agreement, including certain Special Conditions, is enclosed. By accepting this grant, you assume the administrative and financial responsibilities outlined in the enclosed Grant Conditions, including the timely submission of all financial and programmatic reports, the resolution of audit findings, and the maintenance of a minimum level of cash -on -hand. Should your organization not adhere to these terms and conditions, ONDCP may terminate the grant for cause or take other administrative action. If you accept this award, please sign both the Grant Agreement and the Grant Conditions and return a copy to: Finance Unit National HIDTA Assistance Center 1 1200 NW 20th Street, Suite 100 Miami, FL 33172 (305) 715-7600 Or via email to your respective NHAC accountant. Please keep the original copy of the Grant Agreement and Grant Conditions for your file. If you have any questions pertaining to this grant award, please contact me at (202) 395-4868. Sincerely, autel k. ieb Michael K. Gottlieb National HIDTA Director Page 1 of Executive Office of the President Office of National Drug Control Policy Grant Agreement I. Recipient Name and Address Corpus Christi Police Department 321 John Sartain Street Corpus Christi, TX 78403-2511 4. Award Number (FAIN): G16HN0006A 5. Period of Performance: From 01/01/2016 to 12 3112017 2. Total Amount of the Federal Funds Obligated: $170,815.00 6. Federal Award Date: March 10, 2016 7. Action: Initial 2A. Budget Approved by the Federal Awarding Agency $170,815.00 8. Supplement Number 3. CFDA Name and Number: High Intensity Drug Trafficking Areas Program - 95.001 9. Previous Award Amount: 3A. Project Title High Intensity Drug Trafficking Areas (HIDTA) Program 10. Amount of Federal Funds Obligated by this Action: $170,815.00 11. Total Amount of Federal Award: $170,815.00 12. This Grant is non -R&D and approved subject to such conditions or limitations as are set forth on the attached seven pages. 13. Statutory Authority for Grant: Public Law 114-113 AGENCY APPROVAL RECIPIENT ACCEPTANCE 14. Typed Name and Title of Approving Official Michael K. Gottlieb National HIDTA Director Office of National Drug Control Policy 15. Typed Name and Title of Authorized Official Chief Mike Markle Corpus Christi Police Department 16. Signature of Approving ONDCP Official 1Atekkael K-,-.1044-(105 17. Signature of Authorized cipie t/Dat 71,311/1 AGENCY USE ONLY 18, Accounting Classification Code DUNS: 069457786 EIN: 1746000574A5 19. HIDTA AWARD OND1070DB1617A7C OND6113 OND2000000000 OC 410001 Grant G 16HN0006A Page 2 of 8 GRANT CONDITIONS A. General Terms and Conditions 1. This award is subject to The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200 (the "Part 200 Uniform Requirements"), as adopted and implemented by the Office of National Drug Control Policy (ONDCP) in 2 C.F.R. Part 3603. For this 2016 award, the Part 200 Uniform Requirements supersede, among other things, the provisions of 28 C.F.R. Parts 66 and 70, as well as those of 2 C.F.R. Parts 215, 220, 225, and 230. For more information on the Part 200 Uniform Requirements, see https:.'.cfo.govicofar. For specific, award -related questions, recipients should contact ONDCP promptly for clarification. 2. This award is subject to the following additional regulations and requirements: • 28 CFR Part 69 — "New Restrictions on Lobbying" • 2 CFR Part 25 — "Universal Identifier and System of Award Management" • Conflict of Interest and Mandatory Disclosure Requirements, set out in paragraph 7 of these terms and conditions • Non-profit Certifications (when applicable) 3. Audits conducted pursuant to 2 CFR Part 200, Subpart F, "Audit Requirements" must be submitted no later than 9 months after the close of the grantee's audited fiscal year to the Federal Audit Clearinghouse at https://harvester.census.gov/facweb/. 4. Recipients are required to submit Federal Financial Reports (FFR) to the Department of Health and Human Services, Division of Payment Management (HHS/DPM). Federal Financial Report is required to be submitted quarterly and within 90 days after the grant is closed out. 5. The recipient gives ONDCP or the Government Accountability Office, through any authorized representative, access to, and the right to examine, all paper or electronic records related to the grant. 6. Recipients of HIDTA funds are not agents of ONDCP. Accordingly, the grantee, its fiscal agent (s), employees, contractors, as well as state, local, and Federal participants, either on a collective basis or on a personal level, shall not hold themselves out as being part of, or representing, the Executive Office of the President or ONDCP. 7. These general terms and conditions as well as archives of previous versions of the general terms and conditions are available online at www.whitehouse.gov/ondcp/grants. 8. Conflict of Interest and Mandatory Disclosures A. Conflict of Interest Requirements Grant G 16HN0006A Page 3 of 8 As a non -Federal entity, you must follow ONDCP's conflict of interest policies for Federal awards. Recipients must disclose in writing any potential conflict of interest to an ONDCP Program Officer; recipients that are pass-through entities must require disclosure from subrecipients or contractors. This disclosure must take place immediately whether you are an applicant or have an active ONDCP award. The ONDCP conflict of interest policies apply to sub -awards as well as contracts, and are as follows: i. As a non -Federal entity, you must maintain written standards of conduct covering conflicts of interest and governing the performance of your employees engaged in the selection, award, and administration of subawards and contracts. ii. None of your employees may participate in the selection, award, or administration of a subaward or contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from an organization considered for a sub - award or contract. The officers, employees, and agents of the non -Federal entity must neither solicit nor accept gratuities, favors, or anything of monetary value from subrecipients or contractors or parties to subawards or contracts. iii. If you have a parent, affiliate, or subsidiary organization that is not a State, local government, or Indian tribe, you must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, you are unable or appear to be unable to be impartial in conducting a sub -award or procurement action involving a related organization. B. Mandatory Disclosure Requirement As a non -Federal entity, you must disclose, in a timely manner, in writing to ONDCP all violations of Federal criminal law involving fraud, bribery or gratuity violations potentially affecting the Federal award. Non -Federal entities that have received a Federal award that includes the term and condition outlined in 200 CFR Part 200, Appendix XII "Award Term and Condition for Recipient Integrity and Performance Matters," are required to report certain civil, criminal, or administrative proceedings to SAM. Failure to make required disclosures can result in remedies such as: temporary withholding of payments pending correction of the deficiency, disallowance of all or part of the costs associated with noncompliance, suspension, termination of award, debarment, or other legally available remedies outlined in 2 CFR 200.338 "Remedies for Noncompliance". 9. FFATA / DATA Act Compliance. Each applicant is required to (i) Be registered in the System for Award Management (SAM) before submitting its application; (ii) provide a valid DUNS number in its application; (iii) continue to maintain an active SAM registration with current information at all times during which it has an active Federal award; and (iv) provide all relevant grantee information required for ONDCP to collect for reporting related to FFATA and DATA Act requirements. 10. Subawards are authorized under this grant award. Subawards must be monitored by the award recipient as outlined in 2 CFR 200.331. Grant GI6HN0006A Page 4 of 8 11. Recipients must comply with the Government -wide Suspension and Debarment provision set forth at 2 CFR Part 180. 12. As specified in the HIDTA Program Policy and Budget Guidance, recipient must: a) Establish and maintain effective internal controls over the Federal award that provides reasonable assurance that Federal award funds are managed in compliance with Federal statutes, regulations and award terms and conditions. These internal controls should be in compliance with the guidance in "Standards for Internal Control in the Federal Government," issued by the Comptroller General of the United States and the "Internal Control Integrated Framework," issued by the Conunittee of Sponsoring Organizations of the Treadway Commission (COSO). b) Comply with Federal statutes, regulations, and the terms and conditions of the Federal awards. c) Evaluate and monitor compliance with applicable statute and regulations, and the terms and conditions of the Federal award. d) Take prompt action when instances of noncompliance are identified, including noncompliance identified in audit findings. e) Take reasonable measures to safeguard protected personally identified information (PII) and other information ONDCP or the recipient designates consistent with applicable Federal, state, and local laws regarding privacy and obligations of confidentiality. B. Recipient Integrity and Performance Matters Reporting of Matters Related to Recipient Integrity and Performance 1. General Reporting Requirement If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient during that period of time must maintain and report current information to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition (below). This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 30I0 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available. 2. Proceedings About Which You Must Report Submit the information required about each proceeding that: a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government; b. Reached its final disposition during the most recent 5 year period; and c. Is one of the following: Grant G 16HN0006A Page 5 of 8 (1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition (below); (2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; (3) An administrative proceeding, as defined in paragraph 5 of this award term and condition, that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or (4) Any other criminal, civil, or administrative proceeding if: (i) It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of this award term and condition; (ii) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and (iii) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations. 3. Reporting Procedures Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. You do not need to submit the information a second time under assistance awards that you received if you already provided the information through SAM because you were required to do so under Federal procurement contracts that you were awarded. 4. Reporting Frequency During any period of time when you are subject to the requirement in paragraph 1 of this award term and condition, you must report proceedings information through SAM for the most recent 5 year period, either to report new information about any proceeding(s) that you have not reported previously or affirm that there is no new information to report. Recipients that have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings. 5. Definitions For purposes of this award term and condition: a. Administrative proceeding means a non judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. b. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. c. Total value of currently active grants, cooperative agreements, and procurement contracts includes— (1) Only the Federal share of the funding under any Federal award with a recipient cost share or match; and Grant G16HN0006A Page 6 of 8 (2) The value of all expected funding increments under a Federal award and options, even if not yet exercised. C. Program Specific Terms and Conditions The following special conditions are incorporated into each award document. 1. This grant is awarded for above program. Variation from the description of activities approved by ONDCP and/or from the budget attached to this letter must comply with the reprogramming requirements as set forth in ONDCP's HIDTA Program Policy and Budget Guidance. 2. This award is subject to the requirements in ONDCP's HIDTA Program Policy and Budget Guidance. 3. No HIDTA funds shall be used to supplant state or local funds that would otherwise be made available for the same purposes. 4. The requirements of 28 CFR Part 23, which pertain to information collection and management of criminal intelligence systems, shall apply to any such systems supported by this award. 5. Special accounting and control procedures must govern the use and handling of HIDTA Program funds for confidential expenditures; i.e., the purchase of information, evidence, and services for undercover operations. Those procedures are described in Section 6 of the HIDTA Program Policy and Budget Guidance. 6. Property acquired with these HIDTA grant funds is to be used for activities of the Houston HIDTA. If your agency acquires property with these funds and then ceases to participate in the HIDTA, this equipment must be made available to the HIDTA's Executive Board for use by other HIDTA participants. 7. All law enforcement entities that receive funds from this grant must report all methamphetamine laboratory seizure data to the National Clandestine Laboratory Database/National Seizure System at the El Paso Intelligence Center. D. Federal Award Performance Goals 1. All entities that receive funds from this award are responsible for achieving performance goals established in the HIDTA Performance Management Process (PMP) and approved by the HIDTA's Executive Board and ONDCP. 2. All entities that receive funds from this award must report progress in achieving performance goals at least quarterly using the PMP. See also Section A. 4 regarding Federal Financial Reports. E. Payment Basis 1. A request for Advance or Reimbursement shall be made using the HHS/DPM system (www.dpm.psc.gov). 2. The grantee, must utilize the object classes specified within the initial grant application each time they submit a disbursement request to ONDCP. Requests for payment in the DPM system will not be approved unless the required disbursements have been entered using the corresponding object class designations. Payments will be made via Electronic Fund Transfer to the award recipient's bank account. The bank must be Federal Deposit Insurance Corporation (FDIC) insured. The account must be interest bearing. Grant G16HN0006A Page 7 of 8 3, Except for interest earned on advances of funds exempt under the Intergovernmental Cooperation Act (31 U.S.C. 6501 et seq.) and the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450), awardees and sub-awardees shall promptly, but at least annually, remit interest earned on advances to HHS/DPM using the remittance instructions provided below. Remittance Instructions - Remittances must include pertinent information of the payee and nature of payment in the memo area (often referred to as "addenda records" by Financial Institutions) as that will assist in the timely posting of interest earned on Federal funds. Pertinent details include the Payee Account Number (PAN), reason for check (remittance of interest earned on advance payments), check number (if applicable), awardee name, award number, interest period covered, and contact name and number. The remittance must be submitted as follows: Through an electronic medium using either Automated Clearing House (ACH) network or a Fedwire Funds Service payment. (i) For ACH Returns: Routing Number: 051036706 Account number: 303000 Bank Name and Location: Credit Gateway—ACH Receiver St. Paul, MN (ii) For Fedwire Returns*: Routing Number: 021030004 Account number: 75010501 Bank Name and Location: Federal Reserve Bank Treas NYC/Funds Transfer Division New York, NY (* Please note organization initiating payment is likely to incur a charge from your Financial Institution for this type of payment) For recipients that do not have electronic remittance capability, please make check** payable to: "The Department of Health and Human Services." Mail Check to Treasury approved lockbox: HHS Program Support Center, P.O. Box 530231, Atlanta, GA 30353-0231 (** Please allow 4-6 weeks for processing of a payment by check to be applied to the appropriate PMS account) Any additional information/instructions may be found on the PMS Web site at http:,/www.dpm.psc.gov/. 4. The grantee or subgrantee may keep interest amounts up to $500 per year for administrative purposes. RECIPIENT ACCEPTANCE OF GRANT CONDITIONS Organization: Corpus Christi Police Depaignt Signature: Name: Mike Markle Grant G 16HN0006A Page 8 of 8 Date. 3/ilM Wd bS:1Z:T 9IOZ/O1/E 0 0 Agency Total : Corpus Christi Police Department M Ql z O O ID Awarded Budget (as approved by ONDCP) N 0 yialH Aq gsep angemuI Budget Detail 2016 - Houston Initiative - Texas Coastal Corridor Initiative (TCCI) Award Recipient - Corpus Christi Police Department (G16HN0006A) Resource Recipient - Corpus Christi Police Department Indirect Cost; 0.0% Awarded Budget (as approved by ONDCP) $170,815.00 Personnel Quantity Amount Administrative Staff Analyst - Program Total Personnel 1 1 $38,535.00 $35,640.00 $74,175.00 Fringe Quantity Amount Administrative staff Analyst - Program Total Fringe 1 1 $15,000.00 $14,000.00 $29,000.00 Overtime Quantity Amount Investigative - Law Enforcement Officer Total Overtime $35,600.00 $35,600.00 Services Quantity Amount Equipment rentals Vehicle allowance Total Services 4 $1,800.00 $30,240.00 $32,040.00 Total Budget $170,815.00 Page 1 of 1 3/10/2016 1:21:54 PM CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that. (1) No Federal appropriated funds have been paid or will be paid. by or on behalf of the undersigned. to any person for Influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection with the awarding of any Federal contract, the making of any Federal grana, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan. or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for infuendng or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with this Federal contract. grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in accordance with its instructions (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subredpients shall certify and disclose accordingly. This certification Is a material representation of fact upon which reliance was placed when this transaction was made or entered into Submission of this certification is a prerequisite for making or entering into this transaction Imposed by section 1352, title 31, U.S. Code Any person who fails to file the required certification shall be subject to a civil penalty of not less than 510,000 and not more than 5100.000 for each such faNure. Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempUng to Influence an officer or employee of any agency, a Member of Congress. an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form -LLL. "Disclosure of Lobbying Activities," in accordance with Hs inslnulons. Submission of this statement is a prerequisite for making or entering Into this transaction imposed by section 1352, title 31 U S Code Any person who falls 10 file the required statement shall be subject to a civil penalty of not Tess than 510.000 and not more than 5100,000 for each such failure • APPLICANTS ORGANIZATION Corpus Christi Police Department • PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Prefix: • First Name • Last Name • Tile: �arkh _hlef of police SIGNATURE Middle Name Suffix • DATE r"72Zg/rgl OMB Number 4040-0004 Expiration Date. 8/3112016 Application for Federal Assistance SF -424 • 1 Type of Submission. PreappUcation Application • 2. Type X New of Application • 11 Revision. select appropriate letter(s): I (5eCNy) © Application 0 Changed/Corrected • Continuation ❑ Revision • 3. Date Received; 4. Applicant Identifier I 1 5a Federal Entity Identifier 5b. Federal Award Identifier 1 1 State Use Only: a. Date Received by 7. State Application identifier State I I 8. APPLICANT INFORMATION: • a Legal Name' City of Corpus Christi • b. Employer/Taxpayer Identification Number (EIN1nN) • c. Organizational DUNS 1746000574A5 0694577860000 d. Address: • Street' Streel2: `City County/Parish •fie' Province: • Country • Zip l Postal Code: 1321 John Sartain Street C rpus Christi l TX: Texas 1 OSA: UNITED ETA; .. 784032511 e. Organizational Unit: Department Name: Division Name Corpus Chri.ti Pali e Dept 1 1 t. Name and contact Information of person to be contacted on matters Involving this application: Prefix: Middle Name • last Nom' JMcoanici suffix: Mr. • First Name: F. mi hae. ( I 1 1 Title: Direct r Organizational Affiliation: (HIDTA I •Telephone Number. 281-372-5850 Fax Number •Email FlicDaniel@houatonhidta.net Application for Federal Assistance SF -424 • 9. Type of Applcant 1: Select Applicant Type: C: City or Township Government Type of Applicant 2: Select Applicant Type , Type of Applicant 3: Select Applicant Type: I • Other (specify): • 10. Name of Federal Agency: IONOCP 11. Catalog of Federal Domestic Asslslance Number. 93.001 CFDA Title: • 12. Funding Opportunity Number. HIDTA 'Mc High Intensity Drug Trafficking Area 13. Competition Identification Number. Tide 14. Areas Affected by Protect (Miss, Counties, States, etc.): Add Attachment y At merT " 15. Descriptive Title of Applicant's Project: High Intensity Drug Trafficking Areas Program. Initiatives defined and Approved by Houst-n HIDTA' Executive Board. Reach supporting documents u specified In agency instructions. Add ANachmenls Application for Federal Assistance SF-424 16. Congressional Districts Of: • a. Applicant • b Program/Project 27 Attach an additional list of Prograrn'Pro,ed Congressional Districts if needed Add Attachment Delete Attachment view attachment 17. Proposed Protect • a. Start Dale • b End Date 12/31/2011 18. Estimated Funding (5): • a. Federal I - , , a t 5.00) • b. Applicant I 0. Pal • c. State 0.00 ' d. Local 0.00 ' e. Other I 0.00 • f. Program Incorne I 0.00 •g.TOTAL I 170,an.00 •111.1s Application Subject to Review By Stale Under Executive Order 12372 Process? o a. This application was made available to the State under the Executive Order 12372 Process for review on 0 b. Program Is subject to E.0 12372 but has not been selected ❑X c. Program Is not covered by E 0 12372 by the Slate for review ' 20.1s • If "Yes', the Applicant Delinquent On Any Federal Debt? (H Yes ®No provide explanation and attach "Yes," provide explanation in attaehmenLI 21.*By signing this application, I certify (1) to the statements contained In the list of certifications'• and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances" and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) El "IAGREE •• The list of cert4icalions and assurances, or an Internet site where you may obtain thy list, is contained in the announcement or agency specific instructions Authorized Representative: Prefix Thief • First Name IHike Middle Name: • Last Name Markle Suffix I • Title (Chief of Poli e • Telephone Number 1361-8 6-26 ! 1 Fax Number I `tea IMikeHaecctexas. 9n • Signature of Authorized Representative- i • Dale Signed 3 41 7 Z m 2 0 BUDGET INFORMATION - Non -Construction Programs } 4 X CO 1 h Z 1 3 Q^"" o a 0". .i 49 ,-.-.1 o o m m P t` 44 Z M 41. E LI. a n ., m r• M a vi .4 to o n iA 1 IL 1 1 3 I - Non -Federal (d) M49 iV M 464 1 i Ili lz 1 $ ai P 1t ii e a 8 .0 likA .4 M ■ tit F-+ 1 92H .4 N N v — _ . — o al n — — —, °I r h M 4* M GRANT PROGRAM. FUNCTION OR ACTMTY M M M N— +..,.., ,.— — M N 0 W r„-.; .4 ee% 0 o M is. 0 O 0 c 0 i o n o oi ..1 0 g lei - W eo+ U Y b. Fringe Benefits H d. Equipment a r:I VVI, V I. Total Direct Charges (sum of 6a4h) I U k. TOTALS (sum of Si and 6j) i I ACES � O — — M► — — — r— — N o r 1 N — T : r M PROJECT 1 FUTURE FUNDING PERIODS (YEARS) U. • _.... N — _, ..�... N SECTION F - OTHER BUDGET INFORMATION 22. Indirect Charges: r (d) Other Sources — — N ___, .,.. — .� — 1 1 :: F M g n Y! 1 1- 45. — M — — — q 2 9 N — M -- — — — N 1a 0 1 :: 1 N .— n r a N FOR BALANCE OF THE I (c) Second r---,— N — — — — N C - NON-FEDERAL RESO I (b) Applicant — N — — ..._. — ._._. — L..._. M D - FORECASTED CASH I r 0 1 r NN — N — 1---1 g of — N DERAL FUNDS NEEDED r 1 — N_ — — — — — M 21. Direct Charges: 1 o e a 0 TOTAL (sum of (Ines 8-11) In 3''m t —6_11 O el N i_ T m 4- .4 SECTION E - BUDGET ESTIMATES OF FE (a) Grant Program !h w 1 r tilt r 1 i a a N N Pi r 14. Non -Federal 15. TOTAL (sum of lines 13 and 14) 123. Remarks: OD Qi o r rd r r W. r t. r ao r ai t.. tia. es g cc Q g f g u. • m 1:1i a 1 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C.1352 Approval by OMB 0348.0046 1. * Type X 9 of Federal Action: a. centrad b. lid c cooperative agreement d. loan e. Roan guarlmtee 1 Wall Instance 2.' Status ❑ © 111 of Federal Action: a bldrarfenapp icstlon b halal award c. sod -award 3.* Report Type: M a kraal Slog b material change 4. Name and Address of Reporting Entity: OPrime OSub.revardse •NI" kcipus Chrlid Poke Sie.t 1 321 Sartain St. sa..l i • Carpus chi sem. ( TX 7840.12511 Congress/cent Otsincl. if known: 5. If Reporting Entity in No.4 is Subawardee, Enter Name and Address of Prime: 6." Federal Department/Agency: 7.' Federal Program Name/Description: °N CP [.TTA CFOA Number t app caC . 8. Federal Action Number, if known: G. Award Amount, if known: GI6HN0006A $ 170.815.00 10. a. Name and Address of Lobbying Registrant: Rik -- 'RVNam Norm ?Addle Nemo 'Lee, Nano 1,,ol,a + Sutler • Sever 1 ( Street 2 ' Cry Shed rfp b. individual Performing Services (bldudingaddr.ssifddt r.mlromNEI 10a) Prefix • Flit Nom None Mid le !Mame 'Led Name NoneSufis •Sneer, SIM 2 . CV i .SIM ZIP trulonnaben requested through ars lamb .ulhodrad by Idle 31 U S.0 secant 1352 Thn dndosae lobbying adrift. Is d fart 11. reliance was by fie tier when the lransaetion of a material representation upon which Info Tres 'Misinformation placed above the Cagrese *1 be for was made or entered disdXQaa 1 required pursued b 31 U.S.0 1352 Yea be reported la Inspection My lads wmMnrwMy end avalabl. 510.030 and nal was Ihan 5100.000 far personate to is tee mowed Manure Mae be stated m a and tinnily of not lass than • Signature: L y 1 'Nan>r o: Chief • Fist Name , lle •, • A U ib ' Lase Nameb Suffix) j rte: Chle1 oI Poke Tstsphono No.. %,/ -- 856 - Zb 63 Date: ( 5 / z8/ I Endow Use Oni 1 : ,r OMB Number 40400007 Expiration Date 06130/2014 ASSURANCES - NON -CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed. and completing and reviewing the collection of information Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503 PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. Rauch is the case, you will be notified. As the duly authorized representative of the applicant. I certify that the applicant: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Wil establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Wil initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of 0PM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F) 6, Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to (a) Title VI of the Civil Rights Act of 1964 (P L 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments 011972, as amended (20 U.S.0 §§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Previous Edition usable Act 011973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U S.0 §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse. (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-818), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.G. §§290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Tide VIII of the Civil Rights Act of 1968 (42 U S C §§3601 et seq ), as amended, relating to nondiscrimination in the sale. rental or financing of housing, (i) any other nondiscnmination provisions in the specific statutes) under which application for Federal assistance is being made and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application 7 Will comply, or has already complied with the requirements of Titles !land til of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P L 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally -assisted programs These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8 Will comply, as applicable, with provisions of the Hatch Act (5 U 5 C §§1501-1508 and 7324-7328) which limit the political activities of employees whose pnncipai employment activities are funded in whole or in part with Federal funds Standard Fonn 4248 May. 7971 Authorized for Local Reproduction Prescribed by OMia Circular A.102 9. Wil comply, as applicable. with the provisions of the Davis - Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §278c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U S.0 §§327- 333), regarding labor standards for federally -assisted construction subagreements. 10. Wil comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires redpients In a special flood hazard area to participate in the program and to purchase flood insurance If the total cost of insurable construction and acquisition is 510,000 or more. 11. WO comply with environmental standards which may be prescribed pursuant to the following: (al institution of environmental quality control measures under the National Environmental Policy Act of 1989 (P.L 91-190) and Executive Order (EO) 11514; (b) notification of violating fadilles pursuant to EO 11738, (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplain in accordance with EO 11988, (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq ), (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Wiii assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U S C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 14. NMI comply with P.L 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance 15. Wil comply with the Laboratory Animal Welfare Act of 1966 (P L 89-544, as amended, 7 U.S C §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research teaching, or other activities supported by this award of assistance 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq ) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. WIII cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133. "Audits of States, Local Governments, and Non -Profit Organizations." 18. Will comply with ail applicable requirements of all other Federal laws, executive orders, regulations and policies goveming this program. 19. Wli comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (1VPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub -recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawerds under the award. SIGNATURE OF AUTHORIZED TIFYING OFFICIAL TITLE �i''f/%� / ' /2'Z.21/7 Chic: , ice Chief Nike Markle APPLICANT ORGANIZATION DATE SUBMITTED Corpus Christi Police Department l 3LO//M I Standard Form 4248 (Flee. 7.571 Back AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 19, 2016 Second Reading Ordinance for the City Council Meeting of April 26, 2016 DATE: TO: FROM: March 23, 2016 Ronald L. Olson, City Manager Fred A. Segundo, Director of Aviation FredS@cctexas.com 289-0171 ext.1213 Appropriating the Federal Aviation Administration Grant Amendment No. 2 funds to the Airport Capital Improvement Fund for runway improvements at Corpus Christi International Airport. CAPTION: Ordinance appropriating $1,000,000 from Federal Aviation Administration Grant No. 3-48-0051- 049-2012 Amendment No. 2 in the No. 3020 Airport Capital Improvement Fund for projects involving Runway 18/36, Runway 13/31, taxiways, and storm water improvements, with the 10% match provided from the Airport Capital Reserve Fund; and amending the FY2015-2016 Capital Budget adopted by Ordinance No. 030621 by increasing revenues and expenditures by $1,000,000 each. PURPOSE: The Federal Aviation Administration (FAA) funds major capital improvements at Corpus Christi International Airport (CCIA) through its Airport Improvement Program (AIP) grants. The FAA previously offered Grant 49 in the amount of $17,010,526 to the City of Corpus Christi to fund the Runway 18/36 project. Additional improvements were presented to the FAA Program Manager and approved for funding in the amount of a $1,000,000. Airport will provide 10% match from authorized Fund 3018 — Airport Capital Reserve. BACKGROUND AND FINDINGS: During the construction phase, additional opportunities for enhanced improvements to Runway 18/36 were identified. Amendment No. 2 will address the rehabilitation of the distressed portions of Taxiway Alpha, design of drainage infrastructure improvements to collect and move storm water runoff away from the Runway 18 Localizer. These improvements were not part of the original project scope, but were identified in the construction phase. ALTERNATIVES: The only alternative would be for the additional project costs to be funded entirely from Airport funds or foregoing the additional improvements. Airport staff is of the opinion that improvements provide a substantial benefit to the Airport. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The project is consistent with Airport Master Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal Finance 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 $17,010,526 $1,000,000 0 $18,010,526 Encumbered / Expended Amount $0 $0 0 $0 This item 0 $1,000,000 0 $1,000,000 BALANCE $17,010,526 $1,000,000 0 $18,010,526 Fund: 3020 Airport CIP Fund Grants RECOMMENDATION: Staff recommends approval of the Ordinance LIST OF SUPPORTING DOCUMENTS: Ordinance FAA Letter Ordinance appropriating $1,000,000 from Federal Aviation Administration Grant No. 3-48-0051-049-2012 Amendment No. 2 in the No. 3020 Airport Capital Improvement Fund for projects involving Runway 18/36, Runway 13/31, taxiways, and storm water improvements, with the 10% match provided from the Airport Capital Reserve Fund; and amending the FY2015-2016 Capital Budget adopted by Ordinance No. 030621 by increasing revenues and expenditures by $1,000,000 each. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. A grant amendment in the amount of $1,000,000 from the Federal Aviation Administration Grant No. 3-48-0051-049-2012 is appropriated in the No. 3020 Airport Capital Improvement Fund for the following projects: Runway 18/36; 600 -ft extension displacement and associated taxiways; Runway 13/31 connecting taxiway projects; rehabilitation of the distressed portions of Taxiway Alpha; and design of drainage infrastructure improvements to collect and move storm water runoff away from the Runway 18 localizer, with the 10% match being provided from funds previously appropriated in the No. 3018 Airport Capital Reserve Fund. SECTION 2. The FY2015-2016 Capital Budget adopted by Ordinance No. 030621 is amended by increasing revenues and expenditures by $1,000,000 each. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre The foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of 2016 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Page 2 of 2 U.S. Department of Transportation Federal Aviation Administration March 15, 2016 Federal Aviation Administration Southwest Region, Airports Division, Texas Airports Development Office Mr. Fred Segundo Airport Director Corpus Christi International Airport 1000 International Blvd. Corpus Christi, Texas 78406 Dear Mr. Segundo: Fort Worth, Texas 76193-0650 This is in response to your letter of March 15, 2016 requesting an amendment to the Grant Agreement for AIP Project No. 3-48-0051-049-2012 at Corpus Christi International Airport, Texas. In accordance with Grant Special Condition No. 16 which states in part: "It is mutually understood and agreed that ... if there is an overrun in the eligible project costs, FAA may increase the grant to cover the amount of overrun not to exceed the statutory fifteen (15%) percent limitation and will advise the sponsor by letter of the increase. Upon issuance of either of the aforementioned letters, the maximum obligation of the United States is adjusted to the amount specified." This Grant Agreement, accepted on August 1, 2012 is hereby amended by this Amendment No. 2 by increasing the amount set forth on Page 2 of the Grant Agreement from $17,010,526.00 to $18,010,526.00. This increase in the maximum obligation is to provide for allowable 5.87 % cost overrun of $1,000,000.00. If you have any questions or if we can be of additional service, please contact us. Sincerely] ti Cameron Bryan, 1Ianager Texas Airports Development Office AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 19, 2016 Second Reading Ordinance for the City Council Meeting of April 26, 2016 DATE: TO: Ronald L. Olson, City Manager March 11, 2016 FROM: E. Jay Ellington, Interim Assistant City Manager jayell@cctexas.com 361-826-3898 Amending Membership for the Island Strategic Action Committee (ISAC) CAPTION: Ordinance amending City Code of Ordinances regarding Island Strategic Action Committee membership PURPOSE: Supplying the Island Strategic Action Committee ("ISAC") with a person who resides on Mustang Island or who is an employee of a Mustang Island property owner will ensure better representation of the local community in all ISAC decision making. BACKGROUND AND FINDINGS: The Island Strategic Action Committee ("ISAC") has historically consisted of 13 members from Padre Isles or Mustang Island who own property, develop properties, own businesses or represent property brokers in the Padre Island and Mustang Island Area. The recommended 14th member of ISAC will guarantee Mustang Island residents have a representative voice in the ISAC decision making process. ALTERNATIVES: Allow ISAC Membership to remain unchanged OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: This ordinance conforms to City policy. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Not Applicable FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Accept the recommended changes to the Island Strategic Action Committee. LIST OF SUPPORTING DOCUMENTS: Ordinance — ISAC Membership Letter of Support by ISAC Ordinance amending City Code of Ordinances regarding Island Strategic Action Committee membership NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That Chapter 2 of the City Code of Ordinances, Article IV, Division 29, Section 2-293, Membership, is amended regarding Island Strategic Action Committee, by deleting the redlined struck through text, and adding the underlined text, as follows: DIVISION 29. - ISLAND STRATEGIC ACTION COMMITTEE Sec. 2-291. - Created; purpose. The Island Strategic Action Committee is created to advise the mayor and city council on development and implementation of the Mustang -Padre Island Area Development Plan. (Ord. No. 028488, § 1, 2-16-2010) Sec. 2-292. - Duties. (a) The Island Strategic Action Committee shall develop specific strategies for implementation of the Mustang -Padre Island Area 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. (b) The highest priority projects for the Island Strategic Action Committee include, but are not limited to: (1) Recommending appropriate Mustang -Padre Island Area Development Plan projects for inclusion in the next city bond program. (2) Recommending implementation of sustainable new or additional funding sources for the Mustang -Padre Island Area, i.e., tax increment reinvestment zones, public improvement districts, municipal management districts, or other mechanisms to fund projects. (3) Provide annual input into the city's capital improvements program. (4) Recommend state legislation pertaining to island concerns. (Ord. No. 028488, § 1, 2-16-2010) Sec. 2-293. - Membership; terms; filling vacancies; ex -officio members. Page 1 (a) The Island Strategic Action Committee shall consist of thirtccn fourteen (4314) members appointed by city council. The membership must include: (1) (2) (3) (4) (5) (6) (7) (8) (9) A member of the Padre Isles Property Owners Association, who has been nominated by the association. A residential property owner who owns property and resides on Mustang or Padre Island. A commercial property owner who owns property and operates a business on Mustang or Padre Island. A developer of property on Mustang or Padre Island. A member of the Padre Island Business Association, who has been nominated by the association. An architect or professional engineer, who does work on projects on Mustang or Padre Islands. A realtor, who primarily represents buyers or seller of property on Mustang or Padre Islands. A construction contractor, who primarily works on projects on Mustang or Padre Islands. A representative of an environmental group. (10) A person who resides on Mustang Island or who is an employee of a Mustang Island property owner. (4411) Four (4) at large representatives who are residents of the city. (b) Not less than twelve (12) members of the action committee 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. (c) Notwithstanding the requirement in section 2-65, the city council may appoint not more than four (il) five (5) members of the action committee who do not reside within the city if they own or represent the owner of property on Mustang or Padre Islands. (d) Of the initial members, seven (7) members shall serve a three-year term and six (6) members shall serve a two-year term, as determined by a drawing to be conducted by the city secretary's office. Thereafter, all terms shall be three (3) years. (e) In the event a vacancy occurs during any term, the appointment of a new member shall be to fill the unexpired term. The assistant city manager, development services and director, economic development serve as ex -officio members of the action committee without vote. The following organizations may appoint a representative to serve as an ex -officio advisory member of the action committee without vote: (1) Planning commission. (2) Watershore and Beach Advisory Committee. (f) (g) Page 2 (3) Park and recreation advisory committee. (4) Nueces County. (5) Nueces County Water Control and Improvement District No. 4. (6) Corpus Christi Convention and Visitors Bureau. (Ord. No. 028488, § 1, 2-16-2010) Sec. 2-294. - Quorum; procedures; officers; staff liaison, meetings; subcommittees. (a) The majority of members constitute a quorum, provided that the majority vote of the quorum is necessary for the adoption or approval of any matters before the action committee. (b) The action committee may adopt its own rules of procedure for the conduct of its business and may amend the rules from time to time. A copy of the adopted rules of procedure must be placed on file in the city secretary's office. (c) At the first meeting after creation of the action committee, a majority of the whole action committee shall elect a chair and vice -chair to serve during the initial two-year term. Thereafter, the chair and vice -chair shall be elected by a majority of the whole action committee to serve one-year terms. Following the initial election, subsequent elections for chair and vice -chair shall be held in accordance with the adopted rules of procedure. (d) The director, economic development, or designated representative, serves as the staff liaison and assist with the action committee with its duties. (e) The action committee shall meet at least once a quarter and may meet on the call of the chair or of a majority of its members. The chair of the action committee, with the approval of the action committee, may establish such subcommittees as may be necessary or appropriate to assist the action committee in its studies and in the performance of its duties. Members of subcommittees may be appointed from among members of the action committee; ex - officio advisory members; Mustang or Padre Island residents, who reside in Corpus Christi; Mustang or Padre Island property owners, who reside in Corpus Christi; and Mustang or Padre Island business owners, who reside in Corpus Christi. (f) (Ord. No. 028488, § 1, 2-16-2010; Ord. No. 030530, § 1, 6-16-2015) SECTION 2. In the event of any conflict between any other ordinances and the changes made by this Ordinance, the provisions of this Ordinance shall control with respect to the Island Strategic Action Committee. This ordinance takes effect upon final City Council approval. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Page 3 Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Page 4 ISLAND STRATEGIC ACTION COMMITTEE CHAIRPERSON: LIBBY EDWARDS MIDDLETON EMAIL: LEDWARDSAEDWARDSFIRM.COM CELL PHONE: 361-779-0650 VICE CHAIRPERSON: WILLIAM GOLDSTON EMAIL: WGOLDSTON@WFGCON.COM APRIL 13, 2016 DEAR CORPUS CHRISTI CITY COUNCIL MEMBERS, Re: ISAC MEETING APRIL 12, 2016 Re: ORDINANCE AMENDING CITY CODE OF ORDINANCES FOR ISAC COMMITTEE Please be advised that at last night's meeting the ISAC Committee voted unanimously in favor of adding a 14th member to our committee with the qualifications that the person reside on Mustang Island or who is an employee of a Mustang Island property owner. This will guarantee Mustang Island residents have a representative voice in the ISAC decision making process. We would request that this be placed on the next Council agenda so that the matter may be voted on as promptly as possible. Thank you for your consideration. If you have any questions or need anything further, please contact me at 361-779-0650. Bet re ards, i `_d_u)aAJJ.4 by Ed ards , Chair LEE/cg AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 19, 2016 Second Reading Ordinance for the City Council Meeting of April 26, 2016 DATE: 3/18/2016 TO: Ronald L. Olson, City Manager FROM: Dan McGinn, AICP CFM, Interim Director, Development Services DanielMc@cctexas.com (361) 826-3595 Approving agreement and appropriating funds to reimburse developer 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 $104,080.31 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 922 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 east of Ennis Joslin Road, south of Holly Road, and north of Wooldridge Road. 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 5 as shown on the final plat. The subdivision is located east of Ennis Joslin Road, south of Holly Road, and north of Wooldridge Road. The development requires the extension of 922 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 $111,299.70 minus the lot/acreage fee of $7,219.39 which equals $104,080.31. 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 ExpeDnd ate tures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,271,429.09 Encumbered / Expended Amount $ 933,013.62 This item $ 104,080.31 BALANCE $1,234,335.16 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 $104,080.31 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 5 Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $104,080.31 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. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 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 5 ("Development"), as shown in Exhibit 1 (attached and incorporated); WHEREAS, under the UDC and as a condition of such plat of Parkview Unit 5, 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 922 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 922 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 Govemment 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 5, 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 922 linear feet of 12 -inch PVC waterline pipe. 2. Install 90 linear feet of 18" steel casing pipe bored in place. 3. Install four (4) 12" EL, any angle. 4. Install three (3) 12" tees. 5. Install two (2) 12" Gate Valves with box. 6. Install one (1) fire hydrant assembly. 7. Install one (1) 6" 90 degree EL. 8. Install one (1) 6" gate valve with box. 9. Install three (3) 6" Diameter x 30" PVC Pipe nipple. 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 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 Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 5 vFinal Standard Form Reimbursement Agreement Template Version 1.0 3.29.16 Page 2 of 10 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 April 26, 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 April 26, 2017. f. Either the City or Developer otherwise fails to comply with its duties and obligations under this Agreement. 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 Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 5 vFinal Standard Form Reimbursement Agreement Template Version 1.0 3.29.16 Page 3 of 10 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; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 5 vFinal Standard Form Reimbursement Agreement Template Version 1.0 3.29.16 Page 4 of 10 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 5. 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, Return 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 Texas Government Code, Chapter 2253 and must be in the form and substance as attached to this Agreement. 14. WARRANTY Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 5 vFinal Standard Form Reimbursement Agreement Template Version 1.0 3.29.16 Page 5 of 10 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 $104,080.31. 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 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 Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 5 vFinal Standard Form Reimbursement Agreement Template Version 1.0 3.29.16 Page 6 of 10 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. 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 5, a subdivision in Nueces County, Texas, and must be recorded in the Official Public Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 5 vFinal Standard Form Reimbursement Agreement Template Version 1.0 3.29.16 Page 7of10 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 41 day of Art'. 2016. SIGNATURES FOUND ON PAGES 9 and 10. Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 5 vFinal Standard Form Reimbursement Agreement Template Version 1.0 3.29.16 Page 8 of 10 Developer Mossa Moses Mostaghasi, General Partner MPM Development, LP 426 S. Staples Corpus Christi, Texas 78401 General Partner THE STATE OF TEXAS § § COUNTY OF NUECES § 1 4 KENE 0 SAPENTER My Commission Expires October 15, 2017 1 This instrument was signed by Mossa Moses Mostaghasi, e - ral Partner, r MPM Development, LP, and acknowledged before me on the .i day of , 2016. Nota D r- eli- Public State'of Texas Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 5 vFinal Standard Form Reimbursement Agreement Template Version 1.0 3.29.16 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 t1.. APPROVED AS TO FORM: This day of Assistant Attomey For the City Attomey , 2016. 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AVM m ar, v.l'�, a. .l• ;war YIOKP• N61'21•t6W 321.14• N61.12.43W 641.95' ••T r^'"' I CL 100' DRAINAGE ROW. Y. 1922, P 604, 0 R. =VW:. IV vcr I.Cr 1r.ILO L 1 •: Pat, gra 576'30.26\ 4L23 Exhibit 1 Page 2 of 2 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 5 Subdivision, hereby request reimbursement of $104,080.31, as provided for by City Ordinance No. 17092. $104,080.31 is the construction cost, including 11 % Engineering, Surveying, and Testing, in excess of the acreage fee, as shown by the cost supporting documents attached herewith. 42_7 /1Lp sa Moses Mostaghasi, President Date MPM Development, LP. THE STATE OF TEXAS § COUNTY OF NUECES § �Jj This instrument was acknowledged before me on ' '' , 2016, by Massa Moses Mostaghasi, President of MPM Development, LP. CERTIFICATION Notary P litztAD is in and for Nueces County, 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 5 subdivision, hereby apply for $7 219.39 credit towards the water acreage lot fee for the installation of the water grid main as provided for by City Ordinance No. 17092. $111,299.70 is the construction cost, including 11% Engineering, Surveying, and Testing, as shown by the cost supporting documents attached herewith. Mossa Moses Mostaghasi, President Date MPM Development, LP. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on C' (- I a 3 2016, by Mossa Moses Mostaghasi, President of MPM Development, LP. p_.41.- ....... .- .- ."...",.. ��;'ar°.;9 CINDY SUENO cn ;- ID #1178588-3 s. `� Notary Pubic •`: STATE OF TEXAS "fe:-. My Comm. Exp 11-04-2019 vvv.r-c..�..., v--', - - Notary Public innd for the State of Texas Exhibit 2 Page 2 of 2 PU LD© I PI OMCIMG[T PARIMIEW WIIOT5 CORPUS CHRISTI NUECCS COUNTY, TEXAS mall-, 0 51▪ 15617.1.761.61 ▪ JLL1•7 :="J• LW"... 055.5 _................�« • -..�..� rim .»_..«..:........-, NsualsITNettil • ....:.w"5."•� — CALL OMR IOU Ord 0-0 • 1~., 5.5.. 5711 1 PM 11011 t WIT 5511 5 11521 s 501T I.SR 0 'In 1.011 10 m5o 1011 ..0 1.11022.[01115V'TOs 1.55.1.4 C 59 Su..CI RMl 1P/Ln 502 51011 LW. 0060071 50.0151 goo 5.0 5Nt RW 019 09118 10 .?1 w12 601117701 6.65T07650 RAN 6,4 505 1t m5. 14.(111 5q 511111 5.a 5025.5 01*14 now MAn4 a. mourn. CAST•n•141:7 110A' 5057. 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DETAILS MAI 0 Wt. yTLL_ Wt J. 4 T Wt t SECt ldl I1.. wi.x. � �I • '�wWL• _Ii• •�n Nlli ..• atom n •4• ... ..:..` CONCRETE WINGWALLS w11N FOB= WOWS $041 D• SKOV SRIi CVWERTS FWO Exhibit 3 O▪ rpat• hiss. sass • �Krm. Nil It I.r.OIOCNII t0 fi•ut GM,YIIM ....VI III 1. "fTf..:[1CY —.IMG -LI 4-1. 10Y.. ._ 1 Page 9 of 10 ti r -Y.•. it h.• SECTIONS THAW RAIL 1YI L�LIIV �•� > Y. dib Q� —n1 i, i RASE PLATE DETAIL `..�r.. IY�l. Ow1V.14 •101f ROADWAY ELEVATION OF RAIL Y {PIKE w Ir. RP PIPE snare OETAIL 'J'• w.... •.ter. Idarea 1.10.110 .114. IN/1MM 01.4 0, 47 r .. — L}IY•-Yh rL Ir__,..r....no of rm.. ••• 0=1 Nww 0 dm.. _._..1�_.....1a. i 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 5 OVERALL CONSTRUCTION ESTIMATE CORPUS CHRISTI, NUECES COUNTY, TX 09/04/15 361 882-5521- FAX 361 882-1265 STREET & SURFACE ITEMS AND BRIDGE IBOX CULVERT) AT PARK, GENERALLY E. OF CL OF N. 050 PKWY., REIMBURSABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1. 4" HMAC 1909 SY 34.00 64,906.00 2 11" CRUSHED LIMESTONE BASE TO 2'BC 2335 SY 24.00 56,040 00 3 8" LIME STABILIZED SUBGRADE TO 2'BC 2335 SY 8.00 18,680 00 4 4" CONCRETE WALK 7845 SF 4.00 31,380 00 5. 6" CURB & GUTTER 958 LF 14.00 13,412 00 6 CLEARING & GRUBBING 1 LS 2,000 00 2,000 00 7. EXCAVATION 1 LS 15,000 00 15,000 00 8 50% DOUBLE 10'X5' BOX CULVERT WITH 40° BEND & WING WALLS 1 LS 190,000.00 190,000.00 TOTAL 1391,418.00 STREET & SURFACE ITEMS W. OF CL OF N. 050 PKWY QUANTITY UNIT UNIT PRICE AMOUNT 1 4" HMAC 1894 SY 34.00 64 396 00 2 2" HMAC 3328 SY 17.50 58,240 00 3. 11" CRUSHED LIMESTONE BASE TO 2'BC 2313 SY 24 00 55,512.00 4 8" CRUSHED LIMESTONE BASE TO 2'BC 4388 SY 17:50 76,790.00 5. 8" LIME STABILIZED SUBGRADE TO 2'BC 6701 SY 8.00 53,608 00 6 4" CONCRETE WALK 12815 SF 4.00 51,260.00 7 6" CURB & GUTTER 3187 LF 14 00 44,618 00 8 EXCAVATION 1 LS 50,000.00 50,000 00 9 CLEARING & GRUBBING 1 LS 5,000.00 5,000 00 10 STREET SIGN 3 EA 250.00 750 00 TOTAL $460,174.00 STORM SEWER ITEMS ' QUANTITY UNIT UNIT PRICE AMOUNT 1 15" RCP 56 LF 37.00 2,072 00 2 18" RCP 613 LF 44.00 26,972 00 3 18" HDPP 32 LF 44 00 1,408 00 4 21' RCP 120 LF 51.00 6,120 00 6 24' HDPP 191 LF 51.00 9,741 00 8. 30" HDPP 429 LF 58.00 24,882.00 9 36" HDPP 139 LF 62.00 8,618 00 10. 50° DOUBLE 10'X5' BOX CULVERT WITH 40' BEND & WING WALLS 1 LS 190,000.00 190,000 00 11. 5' INLET 8 EA 3,200.00 25,600 00 12 MANHOLE 1 EA 3,500.00 3,500.00 TOTAL $298,913.00 SANITARY SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT _ 1 8' PVC PIPE 951 LF 90 00 85,590.00 2 FIBERGLASS MANHOLE 4 EA 3,900.00 15,600 00 3 4'" OR 6' PVC SS SERVICE 33 EA 480 00 15,840 00 Exhibit 4 TOTAL 1117,030.00 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 361 882-5521-- FAX 361 882-1265 GRID MAIN WATER ITEMS REIMBURSEABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1. 12" PVC PIPE 922 LF 60.00 55,320 00 2 18" STEEL CASING PIPE BORED IN PLACE 90 LF 300.00 27 000 00 3 12' EL, ANY ANGLE 4 EA 75000 3,000 00 4 12" TEE 3 EA 850.00 2.550 00 5. 12" GATE VALVE WITH BOX 2 EA 3,200.00 6,400.00 6 FIRE HYDRANT ASSEMBLY 1 EA 4,000.00 4,000.00 7. 6" 90' EL 1 EA 300 00 300 00 8. 6" GATE VALVE WITH BOX 1 EA 950.00 950.00 9 6" DIA X 30" PVC PIPE NIPPLE 3 EA 250.00 750.00 TOTAL $100,270.00 NON -GRID MAIN WATER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1 6" PVC PIPE 983 LF 32.00 31,456 00 2 6" EL, ANY ANGLE 5 EA 300.00 1,500 00 3 6" TEE 2 EA 300.00 600.00 4 6" GATE VALVE WITH BOX 5 EA _ 950 00 4,750 00 5 FIRE HYDRANT ASSEMBLY 2 EA 4,000.00 8,000 00 6 6' DIA X 30' PVC PIPE NIPPLE 6 EA 250 00 1,500.00 7 WATER SERVICE. DOUBLE 14 EA 600.00 8,400 00 8 WATER SERIVICE, SINGLE 5 EA 500.00 2,500.00 TOTAL $58,706.00 MISCELLANEOUS CONSTRUCTION , QUANTITY UNIT UNIT PRICE AMOUNT 1 TRAFFIC CONTROL AND BARRICADING PLAN AND PERMITTING (TRAFFIC CONTROL DURING CONSTRUCTION) 1 LS _ 8,000 00 _ 8,000 00 2 TRENCH SAFETY FOR EXCAVATIONS (SANITARY SEWER AND STORM PIPES OF ALL SIZES) 3356 LF 3 00 10,068 00 3 4" PVC CONDUIT FOR AEP 200 LF 25 00 5,000.00 TOTAL TOTAL CONSTRUCTION $23,068.00 $1,449,579.00 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 5 CITY REIMBURSEMENT ESTIMATE GRID MAIN WATER CORPUS CHRISTI, NUECES COUNTY TX 0910415 361 882-5521- FAX 361 882-1265 GRID MAIN WATER ITEMS REIMBURSEABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1, 12" PVC PIPE 922 LF 60 00 55,320 00 2 18" STEEL CASING PIPE BORED IN PLACE 90 LF 300 00 27,000 00 3 12" EL, ANY ANGLE 4 EA 750 00 3,000 00 4 12" TEE 3 EA 850 00 2,550 00 5 12" GATE VALVE WITH BOX 2 EA 3,200.00 6,400.00 6 FIRE HYDRANT ASSEMBLY 1 EA 4,000.00 4,000 00 7 6' 90° EL 1 EA 300.00 300 00 8. 6" GATE VALVE WITH BOX 1 EA 950.00 950.00 9 6" DIA X 30" PVC PIPE NIPPLE 3 EA 250 00 750 00 SUBTOTAL $100,270.00 11% ENGINEERING, SURVEYING & TESTING 11,029.70 SUBTOTAL 111,299.70 LESS WATER ACREAGE FEE -7,219.39 TOTAL. REIMBURSEMENT $104,080.31 Exhibit 4 Page 3 of 3 INSURANCE REQUIREMENTS 1. 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) I0. 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 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 Corpus Christi, Texas Department of Desdopment Sen ices 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: ❑ Corporation E 'Partnership ❑ Sole Owner ❑ 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 NIA 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 (Print) Signature of Certifying Person: Title: President Date: 1-22-16 K 1DEVELOP\IENTSVCSSIIARED'LAND DEVELOPMENnORDINANCE ADMINISTRATIONAPPLICATION FORMS`. FORMS AS PER LEGAL120I21DISCLOSt1RE OF INTERESTS Page 1 of 2 STATESIENTI 27 12 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 fimti. 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 firmsuch as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. KDEVELOPMIENTSVCSSIIARED'LANDDEVELOPME TORD1NANCEADSIINISTRATIONIAPPLICATIONFORM1ISFORMSASPERLEGAL120t2DDISCLOSUREOFINTERESTS STATEMENT! 27 12 DOC Pa e 2 of 2 Exhibit 6 9 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1011 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: 2016-9154 Date Filed: 02/04/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. MPM Development, LP 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 Development Services 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. Parkview Unit 5 Arterial grid main waterline reimbursement 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. 121 6 AFFIDAVIT > > > 1 swear, or affirm. under penalty of perjury, that the above disclosure is true and correct. < C .4,15;-%';::;` CINDY BUENO ."(�j ) ID Stt76588.3 Notary Pt,blfc ,..k.......,../4v STATE OF TEXAS 'r,2.1.' My Comm Exp 11.04 2019 Signature of authorized agent of contracting business entity ��``��'' ��,/U�� �ha � this the 4 day of fLtlittkr AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the saidgfir& 20 1 IS , to =ertify which. witness my hand and seal of offire &� BuEgbSignature Nob4aAtitO) officer administering oath Printed name of officer adminstering oath Tide of officer administering oath Forms nrnvided by TPYac Frhirr r nmmieci.., wwvv,ethtcs state.tx.us Version V1.0.34944 Vicinity Map VICINITY MAP PARKVIEW UNIT 5 Aerial Overview AERIAL OVERVIEW PARKVIEW UNIT 5 t N 2 Aerial AERIAL MAP PARKVIEW UNIT 5 3 AGENDA MEMORANDUM Future Item for the City Council Meeting of April 19, 2016 Action Item for the City Council Meeting of April 26, 2016 DATE: March 29, 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 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 $499,302.42 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 east of Ennis Joslin Road, south of Holly Road, and north of Wooldridge Road. BACKGROUND AND FINDINGS: The developer, MPM Development, L.P., is developing the final phase of a multi -phased single-family residential subdivision named Parkview Unit 5 Subdivision. The subdivision is located east of Ennis Joslin Road, south of Holly Road, and north of Wooldridge Road. Parkview Unit 5 will contain 33 single-family residential lots. The Planning Commission approved the plat for Parkview Unit 5 on February 24, 2016. The participation agreement is for half -street construction along North Oso Parkway frontage, a bridge 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 ❑ 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 $224,662.27 $1,618,931.34 This item $208,946.10 $499,302.42 $708,248.52 BALANCE $538,750.35 $108,034.48 $ 26,035.31 $672,820.14 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 $499,302.42 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 5 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 5 Participation Agreement Page 1 of 2 Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Resolution- MPM Development LP -Parkview Unit 5 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 10.051 acre tract of land, more or less, a portion of Lots 2, 3 and 4, 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 5 ("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 953 feet to connect with a proposed North Oso Parkway bridge roadway 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 Govemment 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 Govemment 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 $499,302.42. 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 less 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. 1. 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 5 vFinal Page 2 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 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 5 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 1NDEMNITEES, 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 5 vFinal Page 3 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 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 5 vFinal Page 4 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 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 MPM Development, LP. Attn: Director, Development Services Attn: Mossa Moses Mostaghasi, 2406 Leopard Street 178401 General Partner P.O. Box 9277/78469-9277 426 S. Staples Corpus Christi, Texas Corpus Christi, Texas 78401 with a copy to: 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 April 26, 2018. (EXECUTION PAGES FOLLOWS) MPM Development LP -Parkview Unit 5 vFinal Page 5 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 EXECUTED in one original this day of , 2016. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Dan McGinn City Secretary Interim 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, Interim Development Services Director, for the City of Corpus Christi, Texas, and acknowledged before me on the day of 2016. Notary Public, State Of Texas 11- APPROVED AS TO FORM: This 4 -day of Assistant City Attorney For the City Attorney , 2016. MPM Development LP -Parkview Unit 5 vFinal Page 6 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 OWNER: MPM Development, L.P. Massa Mos Mostaghasi General Partner STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on 4544 .,*4"2016, by Mossa Moses Mostaghasi, General Partner, MPM Development, L.P., ited Partnership, on behalf of said partnership. 47 _ /6 Date KENE 0 SAPENrER My Commission Expires October 15, 2017 reh7 Notary Public's Signat MPM Development LP -Parkview Unit 5 vFinal Page 7 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 1110 41iig q'T PI !I' Nix eg Oh ily Prl b J X a 97. i a ox 1 a h h 46 gi at iltiC fig_ 91 S 3 $ oR-ogg 6g ba k a ;1 ii 6 r=s) ral a a M PLANNING COMMISSION 8 a cn O tJ W Z p Z z 00 IVU I) w L U Z Z 5 _ Y U � Q as 0 U O PLANNING COMMISSION 6. gg G Eg 4 = • n I - O /" x° '1 15 a i �a"` o a ` I ; j 1 / , -- t/-- \ - ? ' ,.//�� ��1 a.ic1 ixr.YLa211 El ---1- '-'\ I I +, K. Li I >;s* 11 a '� i Ill° 31 A Ps PGCS1131.K1C14 I 1 L / . F 1 j !� ..1~�, 1 I. A I I: a I 1 \-21 \ I— Ca. -k n` ; oh t I --- I t�i"' t. r. I e4 I�Ib�g3 — I 5p9 I 0,4 JYY SARa, ln52 " .5� -r, ,1Gg1 ,C.,KL6+ wtle161 wsDS C .I. SCI. .u..rt.Gt O at $ ,1.6-coc 1uwK WAl) - x�ririe�i IuwK %WI K St. y6r1r+6t 117.06' al i 14 I }" I$ i A l' I ,II 576'30.26 -IN 41.23' 3 aA ■ a SLCZ-1 YT r 0 � A 61 1 YA/SS,O+ PCH 3,l.PGai.+ Inc 7 r,oa aos 3„ Zv.Bc.e8N' Qll ioa'n1.cl,Oty' I 1 1 1 I I ']V CGI, -Y O '1102t14 rol+ �JG `CDD '010.41.1104 III1.41 1T4.J If Tlxr.5 '6 1Clw3o I. CIN. G •: 'l YO 01 -ma •i1 .0.----1 I 5161 -CC1]35 MUSIC -I.3 . 13 i 6l 0 4 4 vl 0 Fe tt p PARKVIEW UNIT 5 5 32 4 , $s i4/,4; Oct 11 " c'te S k ECT 'qC 'O 0 50' 100' 200' SCALE= 1"= 100' EXHIBIT SHOWING NORTH OSO PARKWAY IMPROVEMENTS AS 40' BB AT PARKVIEW UNIT 5 C4 L Jo 192 4o/es/via /es/� aRDw Oso u 70 r Exhibit 2 1"=100' CITY PARTICIPATION BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, RLE: EXB-STR 40'6B, JOB NO. 15052 SCALE: 1" = 100' PLOT SCALE: SAME, PLOT DATE: 3/26/16,115416 T 1 Q L1 NIXON M WELSH, PE, RP 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 5 N OSO PARKWAY IMPROVEMENTS, 40'BB 03/28.16 361 882-5521-- FAX 361 882-1265 STREET & SURFACE ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 4" HMAC 3818 SY 34 00 129,812.00 2 11" CRUSHED LIMESTONE BASE TO 2'BC 4670 SY 24.00 112,080.00 3 8" LIME STABILIZED SUBGRADE TO 2'BC 4670 SY 8 00 37,360 00 4. 4" CONCRETE WALK 11768 SF 4.00 47,072 00 5 6" CURB & GUTTER 1906 LF 14.00 26,684.00 6 CLEARING & GRUBBING 1 LS 4,000.00 4,000 00 7. EXCAVATION 1 LS 30,000 00 30,000.00 PCE-STR 40'BB $387,008.00 15% ENGINEERING, SURVEYING & CONTINGINCIES 58.051.20 TOTAL $445,059.20 Exhibit 2 Page 2 of 5 0 ?s' O %Of R0 CL N. ❑S❑ PARKWAY 111 mom_ so' Row moneramemitzunli �a u w 8i ce a PROP 52.5 LF 12" WIDE R/C GRADE BEAM SUPPORTING 7 1/2" X 1'-1" R/C PEDESTRIAN RAIL SUPPORT BEAM WITH PEDESTRIAN RAIL ATOP (BOTH SIDES OF STREET) ROPOSED 4' WIDE R/C SPLASH PAD 4" THICK VR114 CLA0E i]vI 1' WIDE X 1' HIGH R/C HEADWALL PROTRUDING ABOVE MBC ?s• O, 4/..lCF ROw R/C MBC, DOUBLE 10' X 5', 71 LF OVERALL (ANGLED) LENGTH ALONG CL 15' 30' 60' SCALE' 1'= 30' 14 114 0 CITY PARTICIPATI❑N PARKVIEW UNIT 5 PLAN — STREET/BOX CULVERT AT DRAINAGE CHANNEL 1' =30' Exhibit 2 BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-BRIDGE, JOB NO. 15052, SCALE: 1" = 30' PLOT SCALE: SAME, PLOT DATE: 3/24/16, SHE Paae OF of 5 NIXON M. WELSH, P E .RPL 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 5 BRIDGE COST ESTIMATE 03/24/16 361 882-5521- FAX 361 882-1265 BRIDGE (BOX CULVERT) ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. DOUBLE 10'X5' BOX CULVERT 71 LF 4,706 00 334.126 00 2. WING WALLS/FOOTINGS 4 EA 4,007.50 16,030.00 3. R/C GRADE BEAM 104 LF 84 00 8,736 00 4 PEDESTRIAN RAIL SUPPORT BEAM W/PEDESTRIAN RAIL 104 LF 55 00 5.720 00 5 RIC HEADWALLS/TOEWALLS 44 LF 12.00 528 00 6. R/C SPLASH PADS 110 SF 6 00 660 00 7. 6" THICK CRUSHED STONE BEDDING 71 LF 60.00 4,260 00 8 DC WATERING 71 LF 50,00 3,550 00 9 EXCAVATION FOR BOX CULVERT 71 LF 90 00 6,390 00 PCE -BRIDGE TOTAL BRIDGE ITEMS $3B0,000.00 16°% ENGINEERING, SURVEYING & CONTINGINCIES 57.000.00 TOTAL $437,000.00 Exhibit 2 Page 4 of 5 1.0' PROP. 4' WIDE R/C WALK 80' STREET ROW 14.5' 40' BB STREET 25.5' 1X 4" TYPE "D" HMAC 20' 20' 5" CROWN 11" CRUSHED LIMESTONE BASE TO 2' BC fCL STREET 8.5' PROP. 8' WIDE R/C WALK 6" CITY STD. R/C CURB AND GUTTER 8" LIME STABILIZED SUBGRADE TO 2' BC TYPICAL STREET SECTION - N. OSO PKWY, 40' BB NTS Exhibit 2 BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB—XSEC 48' BB, JOB NO. 15052, SCALE: 1" — 30' PLOT SCALE: SAME, PLOT DATE: 3/24/a.6el�BErof OF NIXON M WELSH PE RPLS Email NixMW@aol corn BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 PARKVIEW UNIT 5 OVERALL CONSTRUCTION ESTIMATE CORPUS CHRISTI, NUECES COUNTY, TX 09104.15 361 882-5521- FAX 361 882-1265 STREET & SURFACE ITEMS AND BRIDGE (BOX CULVERT) AT PARK, GENERALLY E. OF CL OF N. OSO PKWY., REIMBURSABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1. 4" HMAC 1909 SY 34.00 64,906 00 2 11" CRUSHED LIMESTONE BASE TO 2'BC 2335 _ SY 24.00 56,040 00 3 8' LIME STABILIZED SUBGRADE TO 2BC 2335 SY 8.00 18,680 00 4. 4" CONCRETE WALK 7845 SF 4.00 31,380 00 5 6.' CURB & GUTTER 958 LF 14.00 13,412 00 6 CLEARING & GRUBBING 1 LS 2,000.00 2,000 00 7 EXCAVATION 1 LS 15,000 00 15 000 00 8 50% DOUBLE 10'X5' BOX CULVERT WITH 40' BEND & WING WALLS 1 LS 190,000 00 190,000 00 TOTAL $391,418.00 STREET & SURFACE ITEMS W. OF CL OF N. OSO PKWY QUANTITY UNIT UNIT PRICE AMOUNT 1 4" HMAC 1894 SY 34 00 64,396 00 2 2" HMAC 3328 SY 17 50 58,240.00 3 11" CRUSHED LIMESTONE BASE TO 2'BC 2313 SY 24 00 55,512.00 4 8" CRUSHED LIMESTONE BASE TO 2'BC 4388 SY 17 50 76,790.00 5 8" LIME STABILIZED SUBGRADE TO 2'BC 6701 SY 8.00 53,608 00 6 4" CONCRETE WALK 12815 SF 4.00 51,260 00 7 6" CURB & GUTTER 3187 LF 14.00 44,618.00 8 EXCAVATION 1 LS 50,000.00 50,000.00 9 CLEARING & GRUBBING _ 1 LS _ 5,000.00 5,000 00 10. STREET SIGN 3 EA 250.00 750.00 TOTAL $460,174.00 STORM SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1 15" RCP 56 LF 37.00 2,072.00 2 18" RCP 613 LF 44.00 26,972.00 3 18" HDPP 32 LF 44.00 1,408 00 4. 21" RCP 120 LF 51.00 6,120.00 6 24" HDPP 191 LF 51.00 9,741.00 8 30" HDPP 429 LF 58.00 24,882 00 9 36" HDPP 139 LF 62.00 8,618 00 10 50% DOUBLE 10'X5' BOX CULVERT WITH 40° BEND & WING WALLS 1 LS 190,000.00 190,000 00 11 5' INLET 8 EA 3,200.00 25,600 00 12 MANHOLE 1 EA 3,500.00 3,500 00 TOTAL $298,913.00 SANITARY SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1 8" PVC PIPE 951 LF 90.00 85,590 00 2 FIBERGLASS MANHOLE 4 EA 3,900 00 15,600 00 3 4" OR 6" PVC SS SERVICE 33 EA 480.00 15,840.00 Exhibit 3 TOTAL $117,030.00 PageI 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 361 882-5521- FAX 361 882-1265 GRID MAIN WATER ITEMS REIMBURSEABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1. 12" PVC PIPE 922 LF 60 00 55,320 00 2 18" STEEL CASING PIPE BORED IN PLACE 90 LF 300.00 27,000 00 3. 12" EL, ANY ANGLE 4 EA 750 00 3,000 00 4. 12" TEE 3 EA 850 00 2,550 00 5 12" GATE VALVE WITH BOX 2 EA 3,200.00 6,400 00 6 FIRE HYDRANT ASSEMBLY 1 EA 4,000 00 4,000.00 7 6" 90= EL 1 EA 300.00 300 00 8. 6' GATE VALVE WITH BOX 1 EA 950 00 950 00 9 6' DIA X 30" PVC PIPE NIPPLE 3 EA 250 00 750 00 TOTAL $100,270.00 NON -GRID MAIN WATER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 6" PVC PIPE 983 LF 32 00 31,456.00' 2 EL, ANY ANGLE 5 EA 300 00 1,500 00 _6" 3 6" TEE 2 EA 300 00 600.00 4 6" GATE VALVE WITH BOX 5 EA 950 00 4,750 00 5. FIRE HYDRANT ASSEMBLY 2 EA 4,000 00 8,000.00 6 6" DIA X 30" PVC PIPE NIPPLE 6 EA 250 00 1,500.00 7 WATER SERVICE. DOUBLE 14 EA 600 00 8,400.00 8. WATER SERIVICE, SINGLE 5 EA 500 00 2,500.00 TOTAL $58,706.00 MISCELLANEOUS CONSTRUCTION QUANTITY UNIT UNIT PRICE AMOUNT 1 TRAFFIC CONTROL AND BARRICADING PLAN AND PERMITTING (TRAFFIC CONTROL DURING CONSTRUCTION) 1 LS 8,000 00 8,000.00 2 TRENCH SAFETY FOR EXCAVATIONS (SANITARY SEWER AND STORM PIPES OF ALL SIZES) 3356 LF 3 00 10,068 00 3 4" PVC CONDUIT FOR AEP 200 LF 25.00 5,000 00 TOTAL TOTAL CONSTRUCTION $23,068.00 $1,449,579.00 Exhibit 3 Page 2 of 3 NIXON M WELSH, PE , RPL S Email NixMW@aol corn BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 PARKVIEW UNIT 5 STREET & BRIDGE REIMBURSEMENT ESTIMATE 03/28/16 361 882-5521— FAX 361 882-1265 A. STREET & SURFACE ITEMS AT PARK, GENERALLY E. OF CL OF N. OSO PKWY., REIMBURSEABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1. 4" HMAC 1909 SY 34.00 64,906 00 2 11" CRUSHED LIMESTONE BASE TO 2'BC 2335 SY 24 00 56,040.00 3 8" LIME STABILIZED SUBGRADE TO 2'BC 2335 SY 8.00 18,680 00 4 4" CONCRETE WALK 7845 SF 4.00 31,38000 5. 6" CURB & GUTTER 958 LF 14.00 13,412 00 6 CLEARING & GRUBBING 1 LS 2,000.00 2,000 00 7. EXCAVATION 1 LS 15,000 00 15,000.00 TOTAL STREET & SURFACE ITEMS $201,418.00 B. OVERWIDTH OF N. OSO PKWY. 28'BB TO 401BB & OVERDEPTH, WEST OF CL OF N. OSO PKWY. QUANTITY UNIT UNIT PRICE AMOUNT 1 OVERDEPTH 2" HMAC TO 4" HMAC 628 SY 17.50 10,990 00 2 OVERDEPTH 8" CRUSHED LIMESTONE BASE TO 11" 628 SY 17.50 10,990 00 3 OVERWIDTH 4" HMAC 628 SY 34 00 21,352 00 4 OVERWIDTH 11" CRUSHED LIMESTONE BASE 628 SY 24 00 15,072 00 TOTAL OVERWIDTH & OVERDEPTH 558,404.00 C. BRIDGE (BOX CULVERT) ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. DOUBLE 10'X5' BOX CULVERT 71 LF 4,706 00 334,126 00 2 WING WALLS/FOOTINGS 4 EA 4,007 50 16,030 00 3 R/C GRADE BEAM 104 LF 84 00 8,736 00 4 PEDESTRIAN RAIL SUPPORT BEAM W/PEDESTRIAN RAIL 104 LF 55.00 5,720 00 5 RIC HEADWALLSITOEWALLS 44 LF 12.00 528 00 6 R/C SPLASH PADS 110 SF 6 00 660 00 7 6" THICK CRUSHED STONE BEDDING 71 LF 60 00 _ 4,260 00 8 DC WATERING 71 LF 50.00 3,550 00 9 EXCAVATION FOR BOX CULVERT 71 LF 90 00 6,390 00 PCE-STR&BRIDGE SUBTOTAL BRIDGE ITEMS $380,000.00 50% CITY'S PORTION $190,000.00 SUMMARY A. STREET & SURFACE ITEMS B. OVERWIDTH & OVERDEPTH ITEMS C. BRIDGE ITEMS $201,418.00 58,404.00 190,000.00 SUBTOTAL $449,822.00 11% ENGINEERING, SURVEYING & TESTING 49,480.42 TOTAL CITY REIMBURSEMENT $499,302.42 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 I . 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 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 I0 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 Iiability 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 ' r City of Corpus Christi DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Sen ices P 0 Box 9277 Corpus Chnsu. Texas 78469.9277 (361) 826-3240 Located at 2406 Leopard Siren (Corner of Leopard SI and Pon Are ) 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 3313flR CITY: Corpus Christi ZIP: 78463 FIRM is: ❑ Corporation Partnership El Sole Owner ❑ Association ❑ Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) N/A 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 NIA 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant 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. 4-424.- Date: 1 -4-1 6 1DEVELOPMEN7SVl 5 [IIAREP'.1.AND 13F VC:LOP%IE' •ORPINA'•{ C ADMINISTRATION' APPLICATION FORMSFORMS AS PER LEG.AL\20U DISCLOSURE OF INTERESTS a 1 of 2 STATEMENT' 37' I: POC Exhibit 5 Page 9 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 nEVELOPSIENTSVCSSIIAREDLANb DEVELOP1 NPORD1NANCE AOhIIN1STRATIONWPPLICATION FORMS' FORTIS AS PER LEGAL 2012. DISCLOSURE OF INTERESTS STATENIENTI 2212 POC Exhibit 5 Page 2 of 2 Forms provided by Texas Ethics Commission www.ethics.state tx.us Version V1.0.34944 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: 2016-9191 Date Filed: 02/0412016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. MPM Development, LP 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 Development Services 3 Provide the identification number used by the governmental entity or state agency to track or identity the contract, and provide a description of the goods or services to be provided under the contract. Parkview Unit 5 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. K 6 AFFIDAVIT I� h (� I� I'ti_^. . .'t A l a n I > >y \ J LO I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct r < � G AFFIX Sworn 20 11) 4'5.f. ;-CINDY BUENO 4 sig #1 ;713 a • (,)4( I N.aary P,>b. ti� *�, STATE OF TEXASSignature q,-, M/ Comm Exp 11.04.2619 �f-r al authorized agent of contracting business entity �,r� �j, 1, 1 �, t,, SSA +i/�1S Yllk5i this the 4- day ar�+` t1t a.., V Yv .e. Iry v - v v N? NOTARY STAMP /SEAL ABOVE to and subscribed before me by the said , to certify which, witness my hand and seal of olfice. NO I RADIO • Signage of officer administering oath Printed flame of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state tx.us Version V1.0.34944 Vicinity Map VICINITY MAP PARKVIEW UNIT 5 ® r�44 -17 PARKVIEW UNIT 5 Aerial Overview AERIAL OVERVIEW PARKVIEW UNIT 5 t N Aerial AERIAL MAP PARKVIEW UNIT 5 A 3 AGENDA MEMORANDUM Future Item for the City Council Meeting of April 19, 2016 Action Item for the City Council Meeting of April 26, 2016 DATE: April 19, 2016 TO: Ronald L. Olson, City Manager FROM: Mark Van Vleck, Assistant City Manager Markvv(c�cctexas.com (361) 826-3082 Maria Pedraza, Procurement Manager mariape(c�cctexas.com (361) 826-3176 Service Agreement for Closed Circuit Televised Inspection of Small -Diameter Wastewater Lines CAPTION: Motion authorizing the City Manager, or designee, to enter into a service agreement for Closed Circuit Televised Inspection of Small -Diameter Wastewater Lines with Ace Pipe Cleaning of Kansas City, Missouri in accordance with Bid Event No. 90, based on lowest responsive, responsible bid, for an estimated annual expenditure of $1,908,132.00. Funds have been budgeted by the Wastewater Department in FY 2015- 2016. PURPOSE: This service agreement will help the Wastewater Department with the Closed Circuit Televised Inspection of Small -Diameter Wastewater Lines. BACKGROUND AND FINDINGS: The wastewater collection system consists of 1,200 miles of gravity sewers and 100 lift stations. The need to proactively manage this valuable asset becomes increasingly important as the system ages. The Utility Department in an effort to proactively manage the collection system and address sanitary sewer overflows (SSO) has developed a risk based cleaning and condition assessment work plan. The work plan prioritized cleaning and condition assessment by neighborhood subdivision based on SSO history with the highest risk subdivisions being cleaned and televised in the first years of the program. The cleaning and inspection of gravity sewers for condition assessment will be by subdivision work orders in a systematic process across the wastewater collection system. It is projected that entire collection system would be cleaned over a 10 year period. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures along with the State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Wastewater Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $5,052,210.39 $0 $5,052,210.39 Encumbered / Expended Amount $2,583,557.17 $0 $2,583,557.17 This item $1,908,132.00 $0 $1,908,132.00 BALANCE $560,521.22 $0 $560,521.22 Fund(s): Wastewater Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement Bid Event No.: 90 CCTV Inspection of Small -Diameter Wastewater lines Buyer: Domingo Valdez CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION Video Plumbing Ace Pipe Cleaning Line 9 Name Item Quantity UOM Extended Total Extended Total 1 COST PER LINEAR FOOT (ADDITION ADDER FOR ITEMS 2-17 1 EA $2.00 $2.00 $2.00 $2.00 2 ALL PIPE SIZES CUT/GRIND PROTRUDING SERV TAP 300 EA $500.00 $150,000.00 $275.00 $82,500.00 3 10-12" PIPE SIZE EASEMENT CCTV - LINEAR FT 45,400.00 EA $2.20 $99,880.00 $1.25 $56,750.00 4 15 - < 18" PIPE SIZE EASEMENT CCTV - LINEAR FT 17,000.00 EA $2.20 $37,400.00 $1.50 $25,500.00 5 6" PIPE SIZE EASEMENT CCTV - LINEAR FT 99,000.00 EA $2.20 $217,800.00 $1.35 $133,650.00 6 8" PIPE SIZE EASEMENT CCTV - LINEAR FT 227,000.00 EA $2.20 $499,400.00 $1.25 $283,750.00 7 10-12" PIPE SIZE EASEMENT CLEANING - LINEAR FT 45,400.00 EA $3.80 $172,520.00 $1.65 $74,910.00 8 15 - < 18" PIPE SIZE EASEMENT CLEANING - LINEAR FT 17,000.00 EA $4.69 $79,730.00 $1.95 $33,150.00 9 6" PIPE SIZE EASEMENT CLEANING - LINEAR FT 99,000.00 EA $3.35 $331,650.00 $1.60 $158,400.00 10 8" PIPE SIZE EASEMENT CLEANING - LINEAR FT 227,000.00 EA $3.35 $760,450.00 $1.60 $363,200.00 11 10-12" PIPE SIZE EASEMENT ROOT/GREASE REMOVAL -LF 2,500.00 EA $3.12 $7,800.00 $6.50 $16,250.00 12 15 - < 18" PIPE SIZE EASEMENT ROOT/GREASE REMOVAL -LF 2,500.00 EA $3.57 $8,925.00 $7.25 $18,125.00 13 6" PIPE SIZE EASEMENT ROOT/GREASE REMOVAL -LF 5,000.00 EA $2.90 $14,500.00 $5.50 $27,500.00 14 8" PIPE SIZE EASEMENT ROOT/GREASE REMOVAL -LF 2,500.00 EA $2.90 $7,250.00 $5.75 $14,375.00 16 ALL PIPE SIZES REVERSE SET-UP 1 EA $185.00 $185.00 $250.00 $250.00 17 10-12" PIPE SIZE STREET CCTV- LINEAR FT 43,900.00 EA $2.20 $96,580.00 $1.05 $46,095.00 18 15 - < 18" PIPE SIZE STREET CCTV - LINEAR FT 6,000.00 EA $2.20 $13,200.00 $1.05 $6,300.00 19 6" PIPE SIZE STREET CCN- LINEAR FT 47,900.00 EA $2.20 $105,380.00 $1.05 $50,295.00 20 8" PIPE SIZE STREET CCN- LINEAR FT 133,000.00 EA $2.20 $292,600.00 $1.05 $139,650.00 21 10-12" PIPE SIZE STREET CLEANING - LINEAR FT 43,900.00 EA $3.10 $136,090.00 $1.35 $59,265.00 22 12 - < 18" PIPE SIZE STREET CLEANING - LINEAR FT 6,000.00 EA $3.99 $23,940.00 $2.50 $15,000.00 23 6" PIPE SIZE STREET CLEANING - LINEAR FT 47,900.00 EA $2.65 $126,935.00 $1.35 $64,665.00 24 8" PIPE SIZE STREET CLEANING - LINEAR FT 133,000.00 EA $2.65 $352,450.00 $1.25 $166,250.00 25 10-12" PIPE SIZE STREET ROOT/GREASE REMOVAL -LF 2,500.00 EA $2.44 $6,100.00 $6.00 $15,000.00 26 15 - < 18" PIPE SIZE STREET ROOT/GREASE REMOVAL -LF 2,500.00 EA $3.36 $8,400.00 $6.50 $16,250.00 27 6" PIPE SIZE STREET ROOT/GREASE REMOVAL -LF 5,000.00 EA $2.23 $11,150.00 $5.50 $27,500.00 28 8" PIPE SIZE STREET ROOT/GREASE REMOVAL -LF 2,500.00 EA $2.23 $5,575.00 $4.00 $10,000.00 29 ARTERIAL STREET TRAFFIC CONTROL - PER DAY 1 EA $1,500.00 $1,500.00 $1,400.00 $1,400.00 30 COLLECTOR STREET TRAFFIC CONTROL - PER DAY 1 EA $1,200.00 $1,200.00 $1,200.00 $1,200.00 31 LOCAL ACCESS STREET TRAFFIC CONTROL - PER DAY 1 EA $500.00 $500.00 $950.00 $950.00 Grand Total $3,569,092.00 Grand Total $1,908,132.00 SERVICE AGREEMENT FOR CLOSED CIRCUIT TELEVISED INSPECTION OF SMALL -DIAMETER WASTEWATER LINES Contract No. 682 THIS Inspection of Wastewater Lines 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 Ace Pipe Cleaning, Inc., of Kansas City, Missouri ("Contractor"), effective for all purposes upon execution by the City Manager. WHEREAS, Contractor has proposed to provide Closed Circuit Televised Inspection of Small -Diameter Wastewater Lines in response to Bid Event No. 90, which includes Specification No. 1105, dated 8/28/15; 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 shall provide Closed Circuit Televised Inspection of Small - Diameter Wastewater Lines in accordance with Bid Event No. 90 which includes Specification No. 1105, dated 8/28/15 ("Services"), which bid and related specifications, if any, are incorporated by reference into this Agreement as Exhibit "A". The Contractor's bid response to provide the Services is incorporated by reference into this Agreement as Exhibit "B". (Exhibits A and B are on file with the City's Purchasing Division and available upon request and payment of associated document fees, if applicable.) For paperwork reduction purposes only, attached to and incorporated by reference into this Agreement for the performance of Services is Attachment "A", the scope of Services which includes Specification No. 1105, and Attachment "B", the schedule of pricing for the Services, both attachments being condensed from Exhibits A and B. 2. Term. This Agreement is effective upon execution of the City Manager, with the time of performance commencing on the date a notice to proceed ("Notice to Proceed") is issued by the Contract Administrator and continuing for 12 months thereafter. The Agreement includes an option to extend the term for up to four additional 12 -month periods under the same terms and conditions and is subject to the approval of the Contractor and the City Manager. 3. Compensation and Payment. This Agreement is for an amount not to exceed $1,908,132.00, subject to validly authorized extensions and changes. Payment will be allowed in accordance with Attachment "B" Schedule of Pricing. 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 Major Projects Engineer, 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. 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. The Contractor's insurance requirements are attached to and incorporated by reference into this Agreement as Attachment "C". 7. Assignment. No assignment of this Agreement nor 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. 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 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 waives any subsequent breach of the same. 10. 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. Page 2 of 8 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 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, 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. 12. Amendments. This Agreement may be amended only in writing and signed by persons authorized to execute the same by both parties. Such Amendments will be authorized through a change order. 13. 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. 14. 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. Upon request, the City Manager shall be provided proof of payment of taxes within 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 by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attention: Temple Williamson, Major Projects Engineer P.O. Box 9277 Corpus Christi, TX 78469-9277 2726 Holly Rd. Page 3 of 8 Corpus Christi, TX 78415 Fax # (361)826-4442 IF TO CONTRACTOR: Ace Pipe Cleaning, Inc. 1509 Sylvania Ct. Fort Worth, TX 76111 Office: (817) 332-1115 Fax: (817) 332-1557 16. 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. 17. 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. Page 4 of 8 18. 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: y? Vek_7(— Printed Name: Bruce Vantine Secretary / Treasurer Title: Date: 5'2-5-'/ CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work and Specification 1105, dated 8/28/15 Attachment B: Schedule of Pricing Attachment C: Insurance Requirements Incorporated by Reference Only: Exhibit A: Bid Event No. 90, Closed Circuit Televised Inspection of Small -Diameter Wastewater Lines, which includes Specification No. 1105, dated 8/28/15 Exhibit B: Contractor's Bid Response Page 5 of 8 ATTACHMENT A SCOPE of Work and SPECIFICATION NO. 1105 Page 6 of 8 CITY OF CORPUS CHRISTI SPECIFICATION NO. 1105 PURCHASING DIVISION DATE REVISED: 8/28/15 ATTACHMENT A SCOPE OF WORK AND SPECIFICATION CLEANING AND TELEVISED INSPECTION OF SMALL DIAMETER WASTEWATER LINES I. GENERAL The scope of work described herein is to include the cleaning and inspection work of small diameter wastewater lines, which includes line sizes less than, but not including, 18 inches in diameter. When performing cleaning and inspection work of wastewater lines that are 6 inches in diameter, refer to Section 3.9 "Special Instructions for Six (6) Inch Diameter Lines" for specific instructions. The estimated quantities of services are as noted on the bid event lines. Although actual quantities may vary, the descriptions and estimated quantities are to form the basis of the unit prices submitted by the Bidder. The Utility Department will provide reference maps highlighting the wastewater line segments to be cleaned and inspected during this project. The Utility Department will provide reference numbers for all manholes on the maps. These reference numbers shall be utilized by the Contractor(s) on video inspection reports. An Excel spreadsheet will list upstream and downstream manhole locations, linear footage inspected, location description, access location (i.e. street/easement), and GIS footage. Additional columns allow the Contractor to record linear footage cleaned, segment CCTV footage, reversal linear footage, comments, and section complete status. It shall be the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing work on any and all City -related projects or jobs (to include, but not necessarily be limited to, "Confined Space Entry"). WORK AND MATERIALS PROVIDED BY THE CITY The Utility Department will provide the following at no cost to the Contractor: 1. Community awareness measures and project signage informing that sewer maintenance is scheduled with the Contractor. 2. Instructions on how to respond to residents that approach the Contractor during the sewer cleaning and inspection process. 3. Legal and physical access to collection system manholes on the portions of sewer within the project limits. 4. Exposure of buried manholes and assistance in opening seized manhole lids that could not be accessed or opened by the Contractor using normal industry standard procedures. 5. Any excavation, opening, backfilling, and/or repair of sewers, and/or streets, required to remove the Contractor's equipment caught in the sewer pipe due to sewer defects and not caused by the Contractor's negligence. Page 1 of 21 CLEANING AND CCTV INSPECTION CITY OF CORPUS CHRISTI SPECIFICATION NO. 1105 PURCHASING DIVISION DATE REVISED: 8/28/15 6. The designated City Project Manager who will act as a liaison between the Utility Department and the Contractor for the duration of the project. 7. A parking area to accommodate the Contractor's equipment, vehicles and materials, if requested by the Contractor, as long as such storage does not interfere with normal City operations. 8. A debris dump location to unload materials removed from the sewer pipes during cleaning. This facility is to be used only during the contract time limits, only for sewers located in Corpus Christi, and only sewers authorized to be cleaned in this contract. 9. Upon receipt of the Contractor's deposit, the City will provide a hydrant meter to the Contractor to be used only for obtaining water necessary to perform the cleaning requirements of this contract. The Contractor will provide meter readings as directed by the City. The Contractor will not be charged for water used to perform this project. II. TRAFFIC CONTROL The Contractor shall provide sufficient traffic control measures to ensure a safe condition and minimize inconvenience to motorists. Temporary traffic control devices shall conform to the latest edition of the Texas Manual on Uniform Traffic Control Devices, which provides a number of typical temporary traffic control plans that may be implemented into the project. The Contractor shall determine if revisions or modifications to these typical plans are required for any specific site and, when required by City staff, shall submit the plans to the Traffic Department for approval. The Contractor is responsible for determining whether the traffic control is sufficient for road/traffic conditions and for acquiring any necessary permits from the City. The Contractor shall furnish, install, move, replace, and maintain all necessary temporary traffic controls, including, but not limited to, barricades, signs, barriers, cones, lights, signals, temporary detours, temporary striping and markers, flag -men and such temporary devices and relocation of existing signs and devices as necessary to safely complete the project. Temporary Traffic Controls shall be measured and paid on a per day basis. Payment for traffic control will be based on the roadway classification where traffic control measures are required. The three classifications to be utilized in this project are local access streets (assumed to be 80% of work order sites), collectors (assumed to be 15% of work order sites), and arterials (assumed to be 5% of work order sites). These percentages are for information purposes only, are not guarantees, and will vary from actual quantities awarded. Local access streets are defined as those streets that provide access to individual residences, elementary schools, and parks within a neighborhood. Collectors are defined as those streets that collect and distribute traffic to and from local streets, other collectors, arterials, and freeway frontage roads. Arterial streets are those streets that bring traffic to and from the freeway and accommodate high volumes of cross-town traffic. Street classifications are defined in and may be referenced in the latest edition of the City of Corpus Christi Urban Transportation Plan found on the City of Corpus Christi's website in the following location: http: www.cctexas.com/Assets/Departments/Development-Services/Files/design- standards UrbanTransportationPlanMap.pdf Page 2 of 21 CLEANING AND CCTV INSPECTION CITY OF CORPUS CHRISTI SPECIFICATION NO. 1105 PURCHASING DIVISION DATE REVISED: 8/28/15 III. WATER METER The Contractor will obtain and place a refundable deposit on a City -provided hydrant meter to record the water used for the cleaning operations. Water will be provided at no cost to the Contractor, provided the Contractor submits monthly use records as required by the City Project Manager. The Contractor will be allowed to use hydrants that are near the work being performed and will adhere to any restrictions imposed by the City Project Manager should specific areas not be available to obtain water. The Contractor will use caution when opening and closing hydrants to prevent surges and damage to hydrants or creating turbidity within the water main. The Contractor will be responsible for any loss or neglectful damage to the hydrant meter and any damages to hydrants. The Contractor is responsible for connecting to hydrants that are observed to be in good condition. The City may withhold final payment until the water meter is returned in good condition. IV. TECHNICAL PROVISIONS The following specifications form the basis of the technical requirements of the service agreement. This specification shall govern for all work, equipment, supervision, and materials required for cleaning and remote CCTV inspection, as well as documentation of sanitary sewer or other lines, as required. 1. QUALIFICATIONS 1.1 The Contractor shall have a minimum of 5 years of documented municipal cleaning/CCTV experience and shall have inspected, as a company, a minimum of 500,000 linear feet under similar conditions. 2. CLEANING REQUIREMENTS 1.1 Clean ALL debris, such as dirt, gravel, rocks, grease, and other organic/inorganic debris, from existing lines and manholes to allow for CCTV inspection to proceed. The only price the City shall pay for all cleaning required herein are those amounts quoted by the Bidder in the Bid Sheet. For consecutive line segments or designated areas of the collection system, the Contractor shall clean from the most upstream segments and progress downstream, where possible. The Contractor will be required to clean the line segment using hydraulic equipment. The debris being removed from the pipeline shall be removed from the collection system at the receiving manhole and not be allowed to be merely moved to the next line segment. Adequate equipment, such as sand traps, wire baskets, etc., shall be used to prevent the migration of debris into downstream line Page 3 of 21 CLEANING AND CCTV INSPECTION CITY OF CORPUS CHRISTI SPECIFICATION NO. 1105 PURCHASING DIVISION DATE REVISED: 8/28/15 segments. Debris shall be properly discarded in accordance with local, state and federal regulations and as specified below. 1.2. The Contractor shall dispose of debris removed from cleaning operations on this project at the Greenwood WWTP, located at 1541 Saratoga Blvd., Corpus Christi, Texas 78415, unless otherwise directed by the City Project Manager. The Contractor shall coordinate dumping with the City Wastewater Department at all times. The Contractor shall not be charged for disposal at the designated location for debris removed only from the City of Corpus Christi sewer system under this contract. The City will be responsible for the removal, cost, and disposal of dried solids. The Contractor will record debris volumes on the City of Corpus Christi Cleaning Logs. The Contractor shall not dispose of any debris from any other source(s) other than the City of Corpus Christi wastewater collection system at the Greenwood WWTP. The Contractor will be responsible for obtaining and maintaining all necessary permits to transport sludge wastes in the State of Texas and the City of Corpus Christi. 1.3. Cleaning Equipment - The cleaning equipment will be truck -mounted combination water jet/vacuum unit(s). The water jet performance shall be a minimum of 65 gallons per minute at 2,000 PSI. The unit(s) will be equipped with a minimum of 700 feet of 1" internal diameter sewer cleaning hose with working pressure ratings to match the rating of the water pressure. Nozzles used in the cleaning process will accommodate the full flow rating of the water jet and will be of proper choice for the cleaning application, including rotating nozzle for root and grease removal. Prior to the sewer cleaning operation, the City Project Manager and the Contractor will agree on a sewer cleaning sequence. In general, the sewer cleaning process will proceed from the upper ends of each sewer basin to the lower ends. Multiple passes with the water jet will be made to flush the debris to the manhole where the jet/vac unit is positioned. Sewers will be cleaned by introducing the water jet into the sewer line facing against the sewer flow and retrieving the water jet under pressure with the sewer flow. A handheld control gun will be used to thoroughly clean manholes from grade level. Debris will be removed by vacuum to minimize entry into manholes by the workers. The Contractor will collect and transport all debris removed during the sewer cleaning operation. Adequate equipment, such as sand traps, wire baskets, etc., shall be used to prevent the migration of debris into downstream line segments. Vacuum system performance will be at least 4,000 cubic feet per minute and 16" Hg vacuum pressure to ensure all debris can be efficiently removed from sewer without a worker entering the manhole. The Contractor is responsible for damages and cleanup caused by backups into homes/businesses due to the Contractor's cleaning operations. Page 4 of 21 CLEANING AND CCTV INSPECTION CITY OF CORPUS CHRISTI SPECIFICATION NO. 1105 PURCHASING DIVISION DATE REVISED: 8/28/15 3. CCTV REQUIREMENTS 3.1 General Closed circuit television inspection will typically be done under one or more of the conditions listed below. Requirements for on-screen labeling during each line segment set up, televising, video file labeling, and hard copy inspection reports will be specifically addressed. The Contractor shall neither request nor receive assistance from the City to perform the work described in this specification. Unless otherwise specified and at the Contractor's expense, the Contractor shall provide for the control of wastewater flows and the monitoring of the collection system for back-ups and surcharges, while flow control devices are in place. 3.2 Inspection Equipment and Methods Electronic inspection software that is NASSCO PACP (version 6.0 or greater) compliant shall be used to record the condition of each inspected pipe segment. The minimum header information required for each inspection is presented in the Header Field Checklist herein. Video inspection is to be performed in the field by a NASSCO Pipeline Assessment and Certification Program (PACP) certified operator. The operator name and NASSCO certification number is required on each inspection. The Contractor will perform closed circuit video inspection of the sewers using current state-of-the-art technology and trained employees. The CCTV camera will have high-resolution color with adjustable iris focus. The CCTV camera will have pan -and -tilt capabilities that allow up -close and right-angled inspections of defects and other significant observations. Video camera will be equipped with a minimum 1000 feet of video cable. Lighting on the video camera will be suitable to allow proper illumination and a clear video image of the entire periphery of the pipe. The camera will be operative in 100% humidity conditions. The camera, television monitor, and other components of the video system will produce a high-quality video image. The capture system shall have the capability of recording, digitizing and storing single frames of video images and "real time" live video, as well as collecting, storing, and printing pipeline inspection data for graphic display and report generation. The imaging capture system shall store digitized picture images, have the ability to export picture files to industry standard formats (jpg or format acceptable to the City Project Manager), be transferable to flash drives, DVDs or hard drives, and have the ability to be printed at no additional cost to the City. In every case, all observations will be recorded in the field by currently certified PACP operators using PACP codes and protocols. Post inspection coding in an office will not be accepted. Page 5 of 21 CLEANING AND CCTV INSPECTION CITY OF CORPUS CHRISTI SPECIFICATION NO. 1105 PURCHASING DIVISION DATE REVISED: 8/28/15 Footage distance measured by video system will be accurate within 1% and will be used to determine footages for reporting and payment. The PACP distance between manholes (from exit wall to entrance wall) will be the reference points used to determine footage measurements. Video inspection will not exceed a traverse rate of 30 feet per minute so that the sewer line can be thoroughly examined by the City while reviewing video. If the inspection by the camera is impeded or stopped by roots, grease or other debris, the camera shall be removed and the sewer line shall be re -cleaned at no additional cost to the City. If re -cleaning does not remove the roots, the Project Manager shall be contacted to authorize the additional cost to remove the roots or obstruction. During the transit, the display must show the continuous distance from the insertion manhole with an accuracy of ± 1% of the actual length to assist in marking the observations on the report form. The video must display all notable PACP observations/codes. The Inspection Report shall consist of condition observations that are recorded using computer software generated formats conforming to NASSCO PACP version 6.0 or greater. Items considered notable include: deviations in alignment and grade; abnormal conditions of the pipe barrel and joints; locations and quantities of any sources of infiltration or inflow; dropped, broken, properly/improperly installed service taps; debris, roots or other impediments to flow; and any other condition that may prevent either the proper completion of the inspection or affect any proposed rehabilitation process. Page 6 of 21 CLEANING AND CCTV INSPECTION CITY OF CORPUS CHRISTI PURCHASING DIVISION HEADER FIELD CHECKLIST SPECIFICATION NO. 1105 DATE REVISED: 8/28/15 Field # Header Field Mandatory Required for this Project 1 Surveyed By X la Certificate No. X 2 Owner X 3 Customer X 4 Drainage Area 5 Sheet Number X 6 P/0 Number 7 Pipe Segment Ref. X 8 Date X 9 Time 10 Street X 10a City X 11 Location Details 12 Upstream MH No. X 13 Upstream MH Rim to Invert 14 Upstream MH Grade to Invert 15 Upstream MH Rim to Grade 16 Downstream MH No. X 17 Downstream MH Rim to Invert 18 Downstream MH Grade to Invert 19 Downstream MH Rim to Grade 20 Sewer Use X 21 Direction X 22 Flow Control X 23 Height X 24 Width X 25 Shape X 26 Material X 27 Lining Method 28 Pipe Joint Length X 29 Total Length X 30 Length Surveyed X 31 Year Laid 32 Year Renewed 33 Media Label 34 Purpose 35 Sewer Category 36 Pre -Cleaning X 36a Date Cleaned X 37 Weather X 38 Location X 39 Additional Info. (Street or Easement) X 40 W/O # X 41 Project X 42 Pressure Value Page 7 of 21 CLEANING AND CCTV INSPECTION CITY OF CORPUS CHRISTI SPECIFICATION NO. 1105 PURCHASING DIVISION DATE REVISED: 8/28/15 3.3 Flow Control The line shall be dewatered during inspection. A water jet cleaning unit will normally be running in the line in advance of the television camera to allow for the highest quality picture - with a 360 degree view of the pipeline. Dewatering shall remove standing water and visible moisture from the line segment to provide a clear 360 degree view of the pipe being televised. An excessively high water level, condensation blurring the lens, or a submerged camera may be grounds for the rejection of the inspection. All sewage flow from intersecting lines, many of which cannot be drawn down with the hydraulic jet nozzle, shall typically be controlled through the use of in- line plugs and/or vacuum trucks, and the costs are considered subsidiary to the inspection for all line sizes up to 18 inches in diameter. Plugs in intersecting lines shall be installed by the Contractor with no assistance from the City. The Contractor shall also monitor the upstream system for back-ups and surcharges, which may lead to Sanitary Sewer Overflows (SSOs). The Contractor shall immediately report all sanitary sewer overflows to the City Call Center at (361) 826-2489. Flow Control devices shall be installed in accordance with all applicable OSHA and plug manufacturer's recommendations, including, but not necessarily limited to, confined space protocol. The Contractor certifies that all personnel working on the project have been trained in confined space, use of flow control devices per manufacturer's recommendations, traffic controls and hazards associated with working in wastewater collection systems. No bypass pumping is required under this scope of services. 3.4 CCTV with Obstructions Cleaning and televising is intended to traverse each line segment from manhole to manhole as specified in the work order. When an obstruction is encountered and cannot be removed, thus preventing the camera from proceeding, the obstruction will be recorded on the initial setup, and a reverse setup will be attempted to view the pipe and obstruction from the opposite direction. If the camera fails to reach the original cause for the reverse setup, then the Contractor will contact the City Project Manager to receive authorization for obstruction removal. If authorized, the Contractor shall remove the obstruction(s) if it is identified in the obstruction removal bid items below: a. Roots/Grease - Under this bid item, the Contractor shall remove roots/grease without damage to the main sewer to facilitate the CCTV inspection. The Contractor will use remote CCTV to monitor the progress of the roots/grease cutting. The Contractor shall immediately notify the City if it is believed that these activities will cause a sewer collapse due to the condition of the host pipe. All roots grease must be screened, collected, and removed from the sewer for proper disposal. The post roots/grease removal video inspection will be performed to confirm that the roots/grease were Page 8 of 21 CLEANING AND CCTV INSPECTION CITY OF CORPUS CHRISTI SPECIFICATION NO. 1105 PURCHASING DIVISION DATE REVISED: 8/28/15 removed, and normal flow is restored. The fee for the post roots/grease removal video inspection is included in the price for roots/grease removal. b. Protruding Service Tap Removal — Not included under this solicitation. When a protruding service tap obstruction prevents further inspection, then the Contractor will attempt to conduct the inspection from the opposite direction (reverse set-up). When other obstructions prevent a manhole -to -manhole inspection of the segment, the inspection shall be considered complete, and no additional inspection will be required. However, the line segment evaluation form, as well as the graphic report, shall note the full length of the line and the actual length traveled from each manhole set-up. All inspection efforts on the line segment will be recorded on the same media and in the same database. The Contractor must exert all reasonable effort to televise the entire length of a segment of the wastewater line as described in the work order documents or to assist the City repair crews with usable information for point repair. 3.5 CCTV Reverse Set-up: A CCTV reverse set-up is an attempt to view the line segment from the opposite direction due to an obstruction encountered during the initial set-up or a line segment that exceeds the 1000 feet CCTV cable length. A CCTV reverse set-up is an attempt to view the line segment from the opposite direction due to an obstruction encountered during the initial set-up or a line segment that exceeds the 700 feet cleaning hose length. 3.6 Easement Access: The Contractor will be responsible for providing equipment, including but not limited to, portable CCTV equipment, vehicles that are capable of transporting TV equipment and accessing remote easements, and adequate cleaning equipment to perform cleaning and inspection of lines located within rear easement areas. Easement areas are defined as those areas not accessible to normal vehicular traffic. A separate bid item has been provided when access cleaning and, or inspection is only available through manholes located within easements. 3.7 After hours work: Normal working hours shall be considered as 8 AM to 5 PM, Monday — Friday, for the duration of the project. When authorized/required by the City Project Manager, the Contractor may perform inspections after hours. This may be necessary in some cases so that the inspection can be done during low flow periods, to minimize impacts on traffic safety, or for other reasons determined by the City. Page 9 of 21 CLEANING AND CCTV INSPECTION CITY OF CORPUS CHRISTI SPECIFICATION NO. 1105 PURCHASING DIVISION DATE REVISED: 8/28/15 3.8 Confined Space Entry: When necessary to complete cleaning and inspection activities (including, but not limited to, plugging, flow control, etc.), and as authorized by the City Project Manager, the Contractor may enter manholes. All pertinent OSHA regulations will be followed and the Contractor will provide copies of confined space entry permits if requested. 3.9 Special Instructions for Six (6) Inch Diameter Lines: When cleaning and performing CCTV inspections of lines that are 6" in diameter, the Contractor must adhere to all of the aforementioned requirements with the following changes. Additionally, the Contractor must incorporate the following into the cleaning and inspection of 6" lines: a. Cleaning Equipment: Along with adhering to these operating requirements for cleaning represented in this specification, the nozzles must be compatible for use with the Envirosight JetScan camera system or an approved equal. The nozzles shall have a swivel platform on which to mount the video recording module to provide self -leveling capability and shall have a protective cage with front protection ring for camera and lights. b. Inspection Methods and Cleaning: The Contractor shall use an erasable white board to legibly print the segment identification number and inspection date. The Contractor will record the white board using the JetScan camera prior to starting the JetScan inspection of the pipeline. The minimum header information required for each inspection is presented in the Header Field Checklist herein. The Contractor will perform closed circuit video inspection of the sewers using the Envirosight JetScan camera system or approved equal. Lighting on the video camera will be suitable to allow proper illumination and a clear video image of the entire periphery of the pipe. The camera and other components of the video system will produce a high quality video image. The capture system shall have the capability of recording, digitizing, and storing videos and images. The camera will record high definition video with a minimum 720 lines of resolution in MPEG4 format. The video will be recorded on SD or SDHC cards. Video inspection will not exceed a traverse rate of 30 feet per minute so that the sewer line can be thoroughly examined. c. CCTV: When an obstruction is encountered and cannot be removed, thus preventing the camera from proceeding, the obstruction will be recorded on the initial setup, and a reverse setup will be attempted to view the pipe and obstruction from the opposite direction. The Page 10 of 21 CLEANING AND CCTV INSPECTION CITY OF CORPUS CHRISTI SPECIFICATION NO. 1105 PURCHASING DIVISION DATE REVISED: 8/28/15 Contractor shall use extreme caution if attempting reverse cleaning, jetting from downstream to upstream, to prevent splashing in bathrooms or causing backups into buildings. A CCTV reverse set-up is an attempt to view the line segment from the opposite direction due to an obstruction encountered during the initial set-up or a line segment that exceeds the 700 feet cleaning hose length. V. DELIVERABLES 4.1 Television Inspection Logs: Electronic media inspection logs/records shall be kept by the Contractor and will clearly show the location, by distance in increments of 1/10 of a foot, from the manhole wall in relation to an adjacent manhole of each observation during inspection. In addition, other points of significance, such as the locations of service connections, unusual conditions, roots, storm sewer connections, cracks, fractures, broken pipe, presence of scale and corrosion, and other discernible features as defined in the PACP defect codes, will be recorded on electronic media, and a copy of such records will be supplied to the Owner. Digital photographs of the pipe condition and all defects shall be taken by the Contractor. Photographs shall be located by distance in increments of 1/10 of a foot, from the manhole wall in relation to an adjacent manhole. 4.2 Electronic media recordings: The purpose of electronic media recording shall be to supply a visual record of the entire line segment that may be viewed by the Owner. Each original electronic media recording of conditions and defects will be delivered to the City at least monthly and summarize lines completed during the period. The submittal must agree with the monthly billing request in terms of unit quantities and electronic deliverables. The Contractor is required to provide NASSCO PACP compliant computer software -generated Inspection Report products to the Owner, as a result of each work order issued. Acceptable submissions become the property of the City. The electronic recordings will have read-only software that will facilitate viewing and printing additional copies of the inspection report and digital photographs. The CD or DVD ROM or hard drive will also include video that can be viewed. The electronic recordings will be compatible with Microsoft Windows 7 and will be delivered to the Utilities Department within ten (10) calendar days of the last day of the performance period. 4.3 Quality Control: Inadequate main sewer preparatory cleaning, camera distortion, inadequate lighting, dirty or submerged lens, and blurry or hazy pictures determined to be the fault of the Contractor will be cause for rejection of the inspection effort. If the City does not approve of the quality of the deliverables, the Contractor shall repeat the documenting process at no cost to the City. Page 11 of 21 CLEANING AND CCTV INSPECTION CITY OF CORPUS CHRISTI SPECIFICATION NO. 1105 PURCHASING DIVISION DATE REVISED: 8/28/15 4.4. Upon the completion of the project, one (1) properly labeled flash drive, hard drive or DVD (as appropriate for the size of the project), will be required along with one (1) hard copy report. The media will be properly labeled to identify the contents. The media will be labeled, either typed or neatly printed, with the following information on the cover/container with electronic text included on the root drive of the media: Project Name Work Order Contractor Name, Address, Contact Number Date All required reports, databases, photographs and video are to be from City - approved, software -generated formats. Hard copy reports will be printed single - sided on 81/2" x 11" paper, in color to improve the definition of problem areas, and delivered with the media. The final project submittal must be reconciled with the monthly billings with regards to quantities of work completed or any exceptions noted. One report is required for each project (which may consist of an entire neighborhood with numerous child work orders for each line segment). The Contractor's proposed software must be approved before the first work order is initiated. The final submittal must include a table of contents that summarizes all line segments cleaned, televised, and inspected with CCTV logs arranged in order by the PACP PSR identification number, from the lowest number to highest number. The Contractor shall submit a sample of the proposed report to the City for review and approval. VI. MEASUREMENT AND PAYMENT Unless otherwise indicated, the Cleaning and Televised Inspection of Wastewater Lines shall be measured by the linear foot of actual pipe inspected. The Bid provides separate unit bid prices for the cleaning and CCTV of lines where access is located with street right-of-way and where access is located within rear utility easements. Payment will be made at the contract prices Page 12 of 21 CLEANING AND CCTV INSPECTION Hard Copy On Media 1. Project Summary Report (pdf or approved equal) ✓ V 2. CCTV Defect Listing Log (pdf or approved equal) V V 3. Condition Code Summary (pdf or approved equal) ✓ V 4. Cleaning Log (pdf or approved equal) V V 5. NASSCO PACP compliant Access Database V 6. Video files (mpeg, wmv or approved equal) V 7. Defect photographs (jpg or approved equal) V 8. Cleaning Log Summary (xls or approved equal) V One report is required for each project (which may consist of an entire neighborhood with numerous child work orders for each line segment). The Contractor's proposed software must be approved before the first work order is initiated. The final submittal must include a table of contents that summarizes all line segments cleaned, televised, and inspected with CCTV logs arranged in order by the PACP PSR identification number, from the lowest number to highest number. The Contractor shall submit a sample of the proposed report to the City for review and approval. VI. MEASUREMENT AND PAYMENT Unless otherwise indicated, the Cleaning and Televised Inspection of Wastewater Lines shall be measured by the linear foot of actual pipe inspected. The Bid provides separate unit bid prices for the cleaning and CCTV of lines where access is located with street right-of-way and where access is located within rear utility easements. Payment will be made at the contract prices Page 12 of 21 CLEANING AND CCTV INSPECTION CITY OF CORPUS CHRISTI SPECIFICATION NO. 1105 PURCHASING DIVISION DATE REVISED: 8/28/15 which are to include all labor, equipment, materials and supervision necessary to complete the item. If required or authorized by the City, additional payment will be made, per linear foot, for after-hours work. The Project Deliverables must be submitted, reviewed, and approved by the City as a prerequisite to the final payment being made to the Contractor. Roots/Grease Removal, when authorized by the City, shall be measured and paid by the linear foot of actual pipe cleaned and inspected. The cutting/grinding of protruding service taps are not included under this solicitation. Reverse CCTV Set -Up shall only be measured and paid if an obstruction is encountered during the initial set-up, which could not be removed per Section 2.4, requiring the Contractor to relocate to another manhole, upstream or downstream of the original manhole, and/or if the segment length exceeds the cleaning hose (700 feet) or CCTV cable (1000 feet) lengths. No reverse set-up fee will be authorized if the CCTV camera does not fit due to physical restrictions at the reverse location. Traffic Control will be measured and paid on a per day basis. Payment shall include, but not be limited to, furnishing, installing, moving, replacing, and maintaining all temporary traffic controls including, but not limited to, barricades, signs, barriers, cones, lights, signals, temporary striping and markers, flag -men and such temporary devices and relocation of existing signs and devices and all materials, labor, equipment and incidentals necessary to provide a safe condition and to complete the work. Page 13 of 21 CLEANING AND CCTV INSPECTION CITY OF CORPUS CHRISTI SPECIFICATION NO. 1105 PURCHASING DIVISION DATE REVISED: 8/28/15 Example Documentation and Deliverables 1. Project Summary Report (pdf or approved equal) 2. CCTV Defect Listing Log (pdf or approved equal) 3. Condition Code Summary (pdf or approved equal) 4. Cleaning Log Summary (xls or approved equal) 5. Example Neighborhood Data/Map Page 14 of 21 CLEANING AND CCTV INSPECTION CITY OF CORPUS CHRISTI SPECIFICATION NO. 1105 PURCHASING DIVISION DATE REVISED: 8/28/15 Fax 816 241.5054 'roject umrnarA 1. Project Summary Report (1 of 2) ri A N O 0 0 O 0 QQ0 9 7 9 amp 0 G O n A 0 eel N Example I 1 1 1129636 1130106 1 4 f 4 a 1130720 1130109 1130109 1177221 f f a a 1127221 1130110 Page 15 of 21 CLEANING AND CCTV INSPECTION 1130110 11 1129635 1130110 CITY OF CORPUS CHRISTI SPECIFICATION NO. 1105 PURCHASING DIVISION 1 DATE REVISED: 8/28/15 1. Project Summary Report (2 of 2) o O O OOH C� O uof1i a; d d C yO1. Q� sol q�r Example M 1.1 ash PI el IM M 1D/31/Zza mW rev Page 16 of 21 CLEANING AND CCTV INSPECTION 4 4 O a a1.7 0 Z CITY OF CORPUS CHRISTI PURCHASING DIVISION 2. CCTV Defect Listing Log Defect Listing Plot Left SPECIFICATION NO. 1105 DATE REVISED: 8/28/15 Contractor Name Address Phone Pipe Segment Refere 070141530-070141520 City CORPUS CHRISTI Street ELIZABETH ST Matanal Vitrified Clay Pipe Locahon C . Light High... Sewer Use \ Sanitary Upstream M 070141530 Total Length 34 Year Laid Shape Circular Location Details CENTER OF ELIZABETH DS Marto! 070141520 Length surveyed 347 Year Renewed Height 12 Width 12 Pipe Joint... J SPR 274 MPR 14 PO Number Customer \ SPRI 4 MPR( 2 Work Order Purpose Routine Assessment OSR 4L32 OMR 2700 OPR 288 Surveyed By Jonathan McGuire Direction Downstream Date 20140825 Media label OPRI 3.8 Certificate Number U-1213-06019780 Pre -Cleaning Heavy Cleaning limo 09:34 Weather Dry Date Cleaned End Time 10:28 Additional Info 070141530 Code: 0.0 ft Access Point Manhole USMH 0.0 ft Water Level 5 4 ft Crack Multiple 1 cture Multiple 26 2 ft Cra k Multiple Continuous: Pos: Val 1 / 2 : % : Gallons 0-0 0-0 5 8-4 StartSO1 11 -5 8-12 35.8 ft. :Water Level Sag Start SO2 42.4 ft. l Fracture Multiple End F01 1 42.4 ft. (Fracture Multiple Start S03 1 63.8 ft. (Tap Break -In intruding 63.8 ft. ,Water Level Sao End F02 100 3 ft Tap Factory Made 147.4 ft Tap Break -In Active 219 6 ft Tap Break -In Active 11-0 6 1-0 1 12-0 6 235 1 ft ;Tap Break -In Active 12 - 0 6 Page 17 of 21 CLEANING AND CCTV INSPECTION CITY OF CORPUS CHRISTI SPECIFICATION NO. 1105 PURCHASING DIVISION DATE REVISED: 8/28/15 3. Condition Code Summary PACP Conditions Contractor Name Address Phone Pipe Segment Refer') 070141530-070141520 City CORPUS CHRISTI Street ELIZABETH ST Material Vitrified Clay Pipe Location C... Light High... Sewer Ur., Sanitary Upstream MH 070141530 Total Length 347 Year Laid Shape Circular Location Details CENTER OF ELIZABETH... DS Manhole 070141520 Length surveyed 347 Year Renewed Height 12 Width 12 Pipe Joint... SPR 274 MPR 14 PO Number Customer 1 SPRI 4 MPRI 2 Work Order Purpose Routine Assessment QSR 4L32 OMR 2700 OPR 288 Surveyed By Jonathan McGuire iroction Downstream Date 20140825 Media label OPRI 3.8 Certificate Number U-1213-06019780 Pro-' - Heavy Cleaning Time 09:34 Weather Dry 0 Date Cleaned End Time 10:28 Additional nfo l Normal Defects Structural Ratings 0 & M Ratings Combined Ratings Grade Rating No. Occur. Rating Grade Rating No. Occur. Rating Grade Rating No. Occur. Rating 1 0 0 1 0 0 1 0 0 2 0 0 2 1 2 2 12 3 2 6 3 0 0 3 2 6 4 0 0 4 0 04 0 0 5 0 0 5 0 0 __ 5 0 0 Continuous Defects Code ID Length FM F01 31.5 4 6 24 0 0 0 4 6 24 MWLS F02 28.0 0 0 0 2 6 12 2 6 12 FM F03 304.6 4 61 244 0 0 0 4 61 244 Subtotals 69 Subtotals 7 _ Subtotals 76 1 SUMMARY Pipe Rating 274 Pipe Rating 14 Overall Pipe Rating 288 Structural Index 4.0 O&M Index 2.0 Overall Index 3.8 Str, Quick Rating 4L32 O&M Quick Rating 2700 Ovrl. Quick Rating 4L32 Page 18 of 21 CLEANING AND CCTV INSPECTION CITY OF CORPUS CHRISTI PURCHASING DIVISION 0 cc mmo to V to 7 : O U O U to co (A a Q M 5. zo j I 0 0 0 a m aCC CC Q 4. Cleaning Log Summary .43 o o N a o v r v `o o Level of Solids Z v o.c Other II O Heavy 1 None I A iiii h v, ro y a m a =tp L 1 H x 17;O,Awl i0:&fr4 $ 1 1 _ 1 [Length Cleaned: 4406' Remarks: g~ yCP iveZL/e $oT berth rh/itte 1,4t. Cud' /the or -Jr Iti or+lV'lYo fe'nort nozzle re,.. 1ei•k5 tfrc.0 • irearovad clabes, pcs. of bro/S'em prp'' e Work Order j At Manhole 1 To Manhole Start Time 1 End Time i No.Passes I No SSO 1 SSO i HTH 'Address a7k 6C F be/ $ ,rr Or. Length Cleaned' 4oL' Remarks: g" VeP (ew►avod debriS, Foci. 0 bfoken aip.2. �^ ya-s 3 3iYe ' No SSO SSO 1 HTH ' IlAddress Pork Dry Length Cleaned: 51(o..` Remarks: S" ve, (Gw,overi eiebeis, pcS. of br,. K,K fp,e.e -- 4.4 No.Passes 1 No SO ,11 � a P ui t {a w a EE Ip 1 I I"' 'E 9, ` Work Order 1 At Manhole 1 To Manhole I C O a V g1 g p p O lT o a°. p v.` a a Work Order I At Manhole SPECIFICATION NO. 1105 DATE REVISED: 8/28/15 Work Order At Manhole To Manhole Start Time End Time No.Passes No SSO SSO HTH �— Type of Solids 1290/04,664' gb I gab k 0 a: / gp+h S: Zo*✓_ S� Grease Debris Silt Other Address 'Length Cleaned: 4,101` ✓ Remarks: ' 'V CP yto Wed .,.brar act. .. f L._ L _ _ 11 Level of Solids Page 19 of 21 CLEANING AND CCTV INSPECTION d 0 eu 0 z 0) x u 0 2.5 0 S' 0 A pv 44) • • VI Debris Removed CITY OF CORPUS CHRISTI PURCHASING DIVISION SPECIFICATION NO. 1105 DATE REVISED: 8/28/15 5. Example Neighborhood Data/Map Work Order: Year 1 Westgate Heights Pipe Size Length 6 4627 8 6017 10 729 Total 11373 Item Maximo ID Year (1-10) Neighborhood Name Install Date Easement/Street Length Pipe Size 1 WWMAIN30981050 1 WESTGATE HEIGHTS 11/30/1999 Easement 284 8 2 WWMAIN30981053 1 WESTGATE HEIGHTS 11/30/1999 Easement 210 8 3 WWMAIN30981147 1 WESTGATE HEIGHTS 11/30/1999 Easement 335 6 4 WWMAIN30981837 1 WESTGATE HEIGHTS 11/30/1999 Easement 557 8 5 WWMAIN30982543 1 WESTGATE HEIGHTS 11/30/1999 Easement 330 6 6 WWMAIN30983009 1 WESTGATE HEIGHTS 11/30/1999 Easement 166 6 7 WWMAIN30983376 1 WESTGATE HEIGHTS 11/30/1999 Street 308 8 8 WWMAIN30983495 1 WESTGATE HEIGHTS 11/30/1999 Street 334 6 9 WWMAIN30984497 1 WESTGATE HEIGHTS 11/30/1999 Easement 123 6 10 WWMAIN30984619 1 WESTGATE HEIGHTS 11/30/1999 Easement 124 6 11 WWMA1N30984624 1 WESTGATE HEIGHTS 11/30/1999 Easement 275 6 12 WWMAIN30984882 1 WESTGATE HEIGHTS 11/30/1999 Easement 79 6 13 WWMAIN30985047 1 WESTGATE HEIGHTS 11/30/1999 Street 452 6 14 WWMAIN30985830 1 WESTGATE HEIGHTS 11/30/1999 Easement 277 6 15 WWMAIN30986977 1 WESTGATE HEIGHTS 11/30/1999 Easement 728 6 16 WWMAIN30987038 1 WESTGATE HEIGHTS 11/30/1999 Easement 52 6 17 WWMA1N30987843 1 WESTGATE HEIGHTS 11/30/1999 Easement 353 8 18 WWMAIN30987952 1 WESTGATE HEIGHTS 11/30/1999 Easement 279 8 19 WWMAIN30988247 1 WESTGATE HEIGHTS 11/30/1999 Easement 176 8 20 WWMA1N30988347 1 WESTGATE HEIGHTS 11/30/1999 Easement 129 8 21 WWMAIN30988544 1 WESTGATE HEIGHTS 11/30/1999 Easement 502 10 22 WWMAIN30988745 1 WESTGATE HEIGHTS 11/30/1999 Easement 290 8 23 WWMA1N30989155 1 WESTGATE HEIGHTS 11/30/1999 Easement 227 10 24 WWMAIN30989770 1 WESTGATE HEIGHTS 11/30/1999 Street 447 8 25 WWMAIN30989780 1 WESTGATE HEIGHTS 11/30/1999 Easement 68 8 26 WWMAIN30990480 1 WESTGATE HEIGHTS 11/30/1999 Street 153 8 27 WWMAIN30991448 1 WESTGATE HEIGHTS 11/30/1999 Street 165 8 28 WWMAIN30991510 1 WESTGATE HEIGHTS 11/30/1999 Easement 119 6 29 WWMAIN30991664 1 WESTGATE HEIGHTS 11/30/1999 Street 181 8 30 WWMAIN30991883 1 WESTGATE HEIGHTS 11/30/1999 Easement 236 6 31 WWMAIN30992006 1 WESTGATE HEIGHTS 11/30/1999 Easement 537 8 32 WWMAIN30993197 1 WESTGATE HEIGHTS 11/30/1999 Easement 41 6 33 WWMAIN30993428 1 WESTGATE HEIGHTS 11/30/1999 Easement 94 6 34 WWMAIN30993620 1 WESTGATE HEIGHTS 11/30/1999 Street 103 6 35 WWMA1N30994713 1 WESTGATE HEIGHTS 11/30/1999 Easement 353 8 36 WWMAIN30994823 1 WESTGATE HEIGHTS 11/30/1999 Street 149 8 37 WWMAIN30995211 1 WESTGATE HEIGHTS 11/30/1999 Easement 331 8 38 WWMAIN30995359 1 WESTGATE HEIGHTS 11/30/1999 Easement 355 6 39 WWMAIN30996231 1 WESTGATE HEIGHTS 11/30/1999 Easement 43 6 40 WWMAIN30996780 1 WESTGATE HEIGHTS 11/30/1999 Street 150 6 41 WWMAIN30997000 1 WESTGATE HEIGHTS 11/30/1999 Street 100 6 42 WWMAIN30998188 1 WESTGATE HEIGHTS 11/30/1999 Street 111 6 43 WWMAIN30998524 1 WESTGATE HEIGHTS 11/30/1999 Street 709 8 44 WWMAIN30999114 1 WESTGATE HEIGHTS 11/30/1999 Street 338 8 Street 3700 Easement 7673 Total 11373 Page 20 of 21 CLEANING AND CCTV INSPECTION CITY OF CORPUS CHRISTI PURCHASING DIVISION i AH D SPECIFICATION NO. 1105 DATE REVISED: 8/28/15 NMI 111011 IMIfil arn 0 .. /irbee ,,i to,.4-4-4 ilituA, , woo •iw wi itorit#0 • wy4fikettot-iiirivita), ittli Gmtt• imam et a sr 4631110 NM frispliniii ihn, or liargrowit Olt/Omit:..r; .., .~ ' a 'a.1n. IS - 4. -la No i -vi: ,;,41 No TerifIll taanial ME III Num mi tersiaripie i ersz, ...., ilildfinInd II WSW MIMI 111:2 INNI 1,4 off 1� tfinnessE ��� tI � � .. EI�I�Illillr� 00!!!!!1 t DRISCOLL ROBERT IR HIGH - EX MIL ..,19.10 ISMS aes'T_Ccut McIy!99190 vAe9UV3099I0S1 WVrtWN0090IN1 WIWefiglettitl wivNNNios .seei s,4 WINMINl091.4; N'wNNNIOfeIfi1. WWNN lO Wif"WM4AI Vrwwtw109erou N�n}i N3oeniss 1NSMaIN009tH.3 wY.RWN)099te.) no ;a w1wUiN.00990000 vNMIIxsge:”I1• 9MA+uNI30990110 V n 94NRNINi.50G91. ON TRA *1414.111 r.sws wwIKATUrnsn w_.aty ..u.. ww4AIMHIMI sus wwwatquew9. ++^ •e98sras9 www•sniisnns Page 21 of 21 CLEANING AND CCTV INSPECTION 09 Cwprp Christi, Tor Westgate Nelphts [maple NYpMwhooC Step a9alweo ril:w AMAS s ATTACHMENT B SCHEDULE OF PRICING Page 7 of 8 ATTACHMENT B -SCHEDULE OF PRICING > 88mgg2A2i:80000mF1,gi L8888. i N N Zi N N N N N N N ti N N N Li h N N N N La N N N 88 2 N N a �4 H VI N 888888888888888888888888888888 -N�pB8§8Nm§_QEi8�mN8R$8RPQ88N888 L .Ylr N N NN N p1 N N N n .i N vA, N O N N N N N m N N N N N N N N N h IS 88NNrv,92,1p 8m8NNNN2RLgtT4APP8o88 N 8 N N N N d N N d N h N N N Nd N N N Ca H N N N 8 8rq EtZ 4/1 i QQ QQ Q a Q QQ¢ ¢ a QQ¢ Q Q a Q QQ Q g w n W n g 6 n W 6 ul 6 6 w n W n n 6 w n W ul ul w w w ug W 6 888888888888 888888888888""^ "s$$$s§$§as$s s§§$s§s§ss$s 0 <<a< LLtt8888 vmi m w c m f E W W ri t ri t>>>> 0=mc zzz J ,,, cco zn4n5 ' ���w Ltttzziui"m,w¢mcm ^ozzzoo0o -s 5Etxtm,� r� O � 7 2 2 2 l7 �U' lm7 mU' < < � ' � 7 w a a a WZ JZ z z z F F F z z z J l7 l7 l7 l7 m¢ m 222 c o u u u,i d u d 000°. a o o$ o 0 0 0 r r r r r r r r r r r r D? 2 2 Z z z z z 66 z z z w u V u u V U V V¢ z 2 u u u E 0 j w Ix tx w ig w N L> wm w� Q c¢¢ "'""- a a _2a u„ a,ia.,n5�5. ww W n6gw vri"ri"riGGrA�"rirEIGI cz .n rrr $1,908,132 00 0 8 ATTACHMENT C INSURANCE REQUIREMENTS Page 8 of 8 ATTACHMENT C INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Utilities one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises Operations 3. Products Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non- renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2015 Insurance Requirements Utilities Department Cleaning and Televising of Waterlines 9/3/2015 ds Risk Management CERTIFICATE OF 90-1 PR 20079 Small diameter Wastewater Name of Interested P Ine Cleaning and Inspection trty 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. Ace Pipe Cleaning, Inc. Kansas City, MO 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: 2016-22362 Date Filed: 03/07/2016 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. 4 5 Check only if there is NO Interested Party. City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 6 AFFIDAVIT 1°:;%.1'.0.1,,N th�: c?. NOTARY t;-,�' 5 PUBLIC z ' S NOTARY SEAL #15385237 AFFIX NC?7•AIt;`Og1Q/O a Sworn to and suh`St h OF 1fae2'me,by the said 43—ace 2-0.5 20 /(4.1 , to certify which, witness my hand and seal of office. I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. /3A, Signature of authorized agent of contracting business entity Signa(ure of officer administering oath , this the O Es.4C',44-1/&-w 7— Printed Printed name of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us day of /4`7'7.4 6W Title of officer administering oath Version V1.0.312 AGENDA MEMORANDUM Future Item City Council Meeting of 4/19/16 Action Item for the City Council Meeting of 4/26/16 DATE: TO: Ronald L. Olson, City Manager February 1, 2016 FROM: Terry Teri TerryT©cctexas.com (361)826-2515 Motion to Execute Lease Agreement For City Detention and Magistration Center CAPTION: Motion to authorize City Manager, or designee, to execute a Lease Agreement, between Wilson Plaza Associates LP., for the operation of the City Detention and Magistration Center. PURPOSE: The Municipal Court Administration currently utilizes the leased suite for the operation of the City Detention and Magistration Center. Said space also includes a safety vestibule for the Police Department. The monthly lease payment will be $7,006.85 for a total of 5,503 net rentable square feet. This is an annual total sum of $84,082.20, payable in monthly installments, in advance. Said agreement incorporates the original lease and the expansion agreement entered into on January 2015. BACKGROUND AND FINDINGS: In April, 2004, City Council approved a 7 -year lease agreement for the City Detention and Magistration Center at the Wilson Plaza Building. Said lease agreement commenced on September 1, 2004, and ended August 31, 2011. In November, 2011, City Council approved a 2 -year lease agreement extension for the City Detention and Magistration Center. Said lease agreement extension commenced on December 1, 2011, and expired on November 30, 2013. In December of 2013, City Council approved a 2 -year lease extension agreement for the City Detention Center. Said lease agreement extension commenced on December 1, 2013, and expired on November 30, 2015. A lease expansion amendment was entered into, increasing the square footage of the City Detention Center to 5503 net rentable sq. ft. Said lease expansion amendment, signed on January 27, 2015, which coincided with the existing lease, commenced on November 1, 2014, and expired on November 30, 2015. It is proposed herein that Council approve a 2 -year lease extension agreement for the City Detention and Magistration Center at the Wilson Plaza Building which will incorporate the original lease and the expansion agreement. Said lease extension agreement commences on December 1, 2015, and expires on November 30, 2017. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council must authorize the City Manager to execute a contract or agreement that exceeds $50,000. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Legal, Finance 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 42,041.10 98,095.90 140,137.00 Encumbered / Expended Amount 42,041.10 98,095.90 140,137.00 This item BALANCE 45,000.00 -0- Fund(s): Comments: RECOMMENDATION: Staff recommends the City Council approve the proposed motion. LIST OF SUPPORTING DOCUMENTS: Lease Extension Agreement with attachments Previously Approved Lease Expansion Amendment with attachments STATE OF TEXAS ) COUNTY OF NUECES ) OFFICE LEASE EXTENSION AGREEMENT PARTIES: That on this 15th day of November, 2015, this Lease extension made between Wilson Plaza Associates L. P. Corpus Christi, Texas, as Landlord, and Citv of Corpus Christi Detention Center , as Tenant. Landlord leases to Tenant and Tenant leases from Landlord, upon the terms and conditions herein and those set forth in the previous Lease agreement dated 12-01-13 , unless otherwise agreed herein, the demised premises described below. A copy of the original, 04-13-04 lease agreement is available in the managers office, address below. 2. DEMISED PREMISES: The demised premises and building in which the premises are located, are described as follows: Building Name: Wilson Plaza. North Suite No.113 A Building street address, city, county, state: 606 N. Carancahua, Corpus Christi, Nueces, Texas. Net rentable square footage of 5,503 as defined by BOMA standards of measurements. 3. TERMS: The term of this lease shall be for 2 (two) years commencing on December 01, 2015and ending November 30, 2017 . 4. RENTS: Rent shall be $7,006.85 per month, payable in advance, on the first of each month at Landlord's office, if any, in the above building; otherwise, at such other address in said county as may be subsequently fumished by Landlord for such purposes, 900 Wilson Plaza West, Corpus Christi, Texas 78401-0669. Rent received after the first shall be deemed as delinquent. In the event any rent payable pursuant to this Agreement is not timely paid and remains unpaid for a period of ten (10) days after payment would otherwise be due, then a late payment charge shall be due and payable upon demand of Landlord in an amount equal to fifteen percent (15%) times the amount unpaid for each partial or full calendar month during which such rent remains unpaid. This charge shall be in addition to all other remedies provided for by the previous lease agreement. 5. SECURITY DEPOSIT: Security deposit shall be the same as previous lease agreement unless otherwise stated here $ N/A . If Tenant fails to give Landlord thirty (30) days written notice prior to terminating the lease, to pay rent or other sums when due, the security deposit may at Landlord's option be applied to such unpaid amounts. 6. USE: Tenant shall use the premises for the following purpose and no other (nature of Tenant's business) City Detention and Mapistration Center . 7. CERTIFICATE OF INSURANCE: A current certificate of insurance shall be furnished by Tenant pursuant to the conditions set forth in the original lease agreement. 8. TENANT BROKER: In the event Tenant employs a broker to negotiate future Lease transactions, whether expansions or renewals, the fee charged by the Tenant's Broker shall be paid by the Tenant and not included in the new Lease. 9. Exhibits: Exhibit "A" Legal Description, Exhibit "B" Floor plans, Exhibit "C" Landlords improvements, and Exhibit "D" Renewal option are deemed incorporated in this agreement in their entirety, whether or not actually attached. EXECUTED this the day of , 20 Wilson Plaza Associates, L.P. Landlord: Focus Investment Co. L.L.C. General Partner By Herman A. Parker General Manager Approved as to legal form this By: Buck Brice Assistant City Attorney for City Attorney day of Tenant: City of Corpus Christi City Manager or designee Ronald Olson City Manager EXHIBIT "A" LEGAL DESCRIPTION Situated in the County of Nueces, State of Texas, to -wit: TRACT: Lot No. One (1), Two (2), Three (3), Four (4), Five (5) and Six (6) in Nixon Replat of the Lots No. Five (5), Six (6), Seven (7), and Eight (8), Block Three (3), BLUFF PORTION of the City of Corpus Christi, Nueces County, Texas, according to the map or plat thereof, recorded on Volume 4, Page 18, Map Records, Nueces County, Texas. TRACT II: Lots (2), in Block Three (3), Four (4), Nine (9), Ten (10), Eleven (11) and Twelve (12), in Block Three (3), of the BLUFF PORTION of the City of Corpus Christi, Texas, as shown by the map or plat thereof, recorded in Volume A, Page 3, Map Records, Nueces County, Texas. TRACT III: Being a part of the BLUFF PORTION of the City of Corpus Christi, Texas as shown on the map or plat of said city, recorded in Volume A. Page 3, Map Records, Nueces County, Texas and being more particularly described by Metes and bounds as follows: BEGINNING at a drillhole, in a concrete retaining wall, in the east boundary line of North Carancahua Street, the southwest corner of Block 3, BLUFF PORTION of the City of Corpus Christi, Texas and southwest comer of the R. M. Kleberg Tract, for the northwest comer of this survey; Thence South 88 degrees 31'20" East with the south boundary line of said Block 3, and north boundary line of said Kleberg Tract, and with the general course of an old board fence, 301.76 feet to a one inch iron pipe in the west boundary line of North Broadway, the Southeast comer of said Block 3, the northeast corner of said Kleberg Tract, for the Northeast comer of this survey; THENCE south 1 degree 00' West with the said West boundary of North Broadway, and east boundary line of said Kleberg Tract, 50 feet to a one inch iron pipe for the Southeast corner of this Survey; THENCE North 88 degrees 31'20" West parallel with said south boundary line of Block 3, and north boundary line of said Kleberg Tract, 301.84 feet to a drillhole in a concrete retaining wall in said east boundary line of North Carancahua Street, and west boundary line of said Kleberg Tract, for the southwest corner of this survey; THENCE North 1 degree 05'20" East with said east boundary line of North Carancahua Street and west boundary line of said Kleberg Tract, 50 feet to the PLACE OF BEGINNING and being the same land as described in a certain deed dated May 5, 1930, from R. M. Kleberg, and wife, Mamie S. Kleberg to D. K. Martin, Trustee, which is recorded in Volume 194 page 138-139, Deed Records, Nueces County, Texas. EXHIBIT "B" FLOOR PLAN ,1 r" low ir EXHIBIT "C" LANDLORDS'S IMPROVMENTS Tenant accepts the demised premises in "As is" condition EXHIBIT "D" RENEWAL OPTION At the end of this renewal tem,, November 30, 2017, Tenant shall have the right to renew this lease for a period of three (3) one (1) year periods, provided that Tenant delivers to Landlord written notice of Tenant's intent to renew at least 120 days prior to the end of the lease term. However, Tenant shall not have such right of renewal if Tenant is in default as defined elsewhere in this Lease either at the time of such notice of renewal or at the end of the Lease term. The terms of this Lease during such renewal term shall continue, including rent adjustments as defined elsewhere in this Lease. LEASE EXPANSION AMENDMENT L This Lease Expansion Amendment applies to the Lease Agreement dated April 13, 2004 between Landlord, Wilson Plaza Associates L.P., and Tenant, The City of Corpus Christi. Landlord leases to Tenant and Tenant leases from Landlord, upon the terms and conditions herein and those set forth in the previous Lease agreement's dated November 15, 2013 and December 1, 2011, unless otherwise agreed herein, the demised premises described below. A copy of the original April 13, 2004 lease agreement is available in the manager's office: Wilson Plaza Associates, LP, 606 N C: rancahua, #900, Corpus Christi, TX 78401-1669. 1e The above referenced lease is for the demised premises located at 615 Leopard, Suite 113A, Corpus Christi, Texas, and should be amended on page 1 to read as follows: 2. Demised Premises: Approximately 793 additional net rentable square feet shall be added to the approximately 4,710, net rentable square feet for a total of 5,5Q3 net rentable square feet. 3. Lease Tema: Commencing on November 1.. 2014 and ending November 30, 2015. 4. Basic Rental: A total sum of $91,089.05 (Ninety One Thousand Eighty Nine and 05/100 Dollars) payable...in monthly installments of $7,006.85 in advance, during the lease term. II. LEASE EXPANSION` AMENDMENT All construction shall be as shown Construction Plan Tenant shall pay in one construction as approved on Exhiblei- "C-1" an Impr,..vements. Landlord: Wilson Plaza Associates, LP Herman A Parker Date: on Exhibits "B-2" lump sum the cost for "C-2" Approved Tenant Tenant: The City of Corpus Christi l xhiE s: "A" Legal Description "0" Floor Pian "B-1" Expansion. Floor Plan "B-2" Construction Plan "C-1" Tenant Approved Plan "C-2" Approyed Tenant Improvements PTTtS ?.EBECCA HUERTA Date: �. ?8� 215 Approved as to form Assistant City Attorney For City Attorney Ai' cActivis T "A". LEGAt.DI SCR1P11ON Situated in the county of Nuec8s State of Texas, to -wit; TRACT: Lot No.. One (1), Two (2), Three (3), Four (4), Five (5) and Six p fn Nixon Replat of the Lots No. Five (5), Six. (6), ,Seven °s ,-and Eight (6), Block Three:(3), BLUFF "PORTION of the City of Corpus Christi, Nuel Cwity, Texas, according to the map -or plat thereof, recorded on Volume 4, Page 18, Map Records, Nuel-Coyrity, Texas. • - TRACT ll: Lot (2), in. Stuck Thr (3), Four. (4); .Nine .(9), Ten CA, Eleven (11) and TWeive (12), in Block Three (3), of the BLUFF PORTION of the City of Corpus Christi, Texas, as shown by the maps r plat.thereof,; recorded in Volume A, 'Page 3, Map Records, Wueces County, Tis. :TRACT lli.Being apart ofthe BLUFF PORTION of the City of Corpus Christi, Texas, as shown on the map or plat af.said_ city, recorded in Volume A. Page•3, Map Records, Nueoes County, Texas and being more particularly described by Metes and bounds.as follows: BEGINNING eta drill hole, in a concrete,reiaining Wali, in the east botniclary line of North Carancahpa: Street; the southwest 'corner of Block 3, BLUFF PORTON of the City of Corpus Christi, Texas and southwest torner of the R. i' -iii berg Tract; for the northwest comer of this survey; Thence Smith 88 degrees 31'20 East. with the south boundary line of said Bloat 3, and north. boundary line of said • Kleberg Tract, and with the.general course of an old board fence, 301.76 feet to a one inch iron pip. ih the watt boundary line of North Broadway, the Southeast comer of said Block 3, the northeast owner Of said .Kleberg Traci,.for.the Northeast corner of this survey; THENCE -Soups 1.degree O0'West with the said West boundary of North Broadway. and east boundary . line of said�•Kleberg Tract, 50 feetto a one inch iron pipe for the Southeast comer of this Survey THENCE North 88 degrees 31'20" West paraflef with said south boundary line of Block 3, anti:nuttn . boundary line of said Kleberg Tract, 301.84- feet fo a drill hole in a concrete retaining wall in said. east boundary line of North Corancehua Street, and west boundary line of sa€d Kleberg Tract, for the . southwestcorneris-survey_ HENCE North 1 degree 03+20" East with said east boundary line of North Garanoahua Street and west boundary fined saki Kieberg Tract, 50 fee to the PLACE OF BEGiNNiNG and being the same land as decdbed IR a Main deed dated May '5, 1930, from R.. M. Kleberg, and wife, Mamie C. Kleberg #o D. K. Martin, Tnistee, which is recorded in Volume 194 page 138-139, Deed Records, ?VueCeS Course, Texas. EX FL I BIT "B" R DLA\ EXHIBIT B-1" EXPAN,1101'j PLAN D R Ec'TR DM TR r SEE BENCH Ifv SET 1 INSET BENCH PIPE EXHIBIT "B-2" CONSTRUCTION PLAN /DEMO EXISTIN '/ROOMS DtSTRU 'ALL, EVEL LEERS 1543 INSTALL )DORS/ FINISH CONSTRUCTION AS PER BUILDING STANDARD /EYE f iv RE -INSTALL RESTROOM, INSTALL EYE, WASH AREA' ENGAGE q EE DOOR/ �[} 2�ONf-I�} .. _:. Iir1SE J� 3 IN BEI,' 11111111111111111111111•1110111* Pi am m I °Pr EXHIBIT "C-1" TENANT APPROVED PLAN f110 LIRIME k4A_LS 4 =ci HEW WALLS SEE BENCH i INSET t tItase C.3.0 — • 44 EXHIBIT "C-2" APPROVED TENANT IMPROVEMENTS ti 194 AGENDA MEMORANDUM for the City Council Meeting of April 19, 2016 DATE: April 8, 2016 TO: Ronald L. Olson, City Manager FROM: Daniel McGinn, AICP CFM, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Revisions to Chapter 14, Article 11, Technical Construction Codes STAFF PRESENTER(S): Name 1. Gene Delauro OUTSIDE PRESENTER(S): Name 1. 2. 3. BACKGROUND: Title/Position Building Official Department Development Services Title/Position Organization The purpose of this item is to discuss significant revisions to the Chapter 14, Article II, Technical Construction Codes. LIST OF SUPPORTING DOCUMENTS: Presentation - Revisions to Chapter 14, Article II, Technical Construction Codes Informal Staff Report - Revisions to Chapter 14, Article II, Technical Construction Codes Significant Revisions to Chapter 14 - Development Services, Article II - City of Corpus Christi Technical Construction Codes City Council Presentation April 19, 2016 Purpose & Methodology For Updating Construction Codes • The purpose of adopting updated Building Codes is to recognize new construction materials and methodologies and incorporate the latest design standards to protect public health, safety and welfare. • Meetings and workshops were held with all City Technical Advisory Boards and local Stakeholders throughout 2015. Elimination of City Electrical Licensing Program • Existing ordinance recognizes the State of Texas Electrical Licensing Program administered through the Texas Department of Licensing and Regulation as well as a City legacy Electrical Licensing Program. • City registered Electricians are required to obtain State licenses within ninety (90) days of the elimination of the City Program with no examination requirement. • Reduces administrative costs and assures all Electricians maintain minimal insurance coverage. Elimination of Re -Out Electrical Inspection Requirement • Existing ordinance requires an Owner / Tenant to obtain an electrical permit and inspection if service has been disconnected for more than 90 days in a commercial building or 180 days in a residential building. • Only 2 Cities (Corpus Christi & Victoria) require this type of inspection as a condition to releasing electrical service in AEP's service area (378 Texas Cities). • City Electrical Inspection staff can be better utilized to meet daily inspection requests for new electrical installations. Elimination of 50% Substantial Damage / Substantial Improvement Requirement (Excluding FEMA Requirement) • Existing ordinance requires an entire building be brought up to current code if the building incurs greater than 50% damage or if substantial improvements are proposed in excess of 50% of the building's appraisal value. • The rule is not a requirement of the International Residential Code or International Building Code. • Elimination of the requirement would require all new work to be code compliant while existing building components and systems may remain, consistent with the requirements of the International Code. New Provision to Register Building Contractors • Existing ordinance requires registration of Electrical, Mechanical, Plumbing, Energy and Irrigation Contractors. • Requires registration of all Contractors including Building, Roofing and Pool Contractors. • The database would be used to communicate new City policies and code determinations in an efficient manner via email. • The database will assist in identifying and prequalifying Contractors after a potential damaging storm to begin needed repairs. New Alternate Wind Load Provisions for Commercial Construction • Existing ordinance requires all new Residential and Commercial Project be designed and inspected for wind load by a State registered Engineer approved by the Texas Department of Insurance (TDI). • Allows an Owner / Developer to utilize a State registered Engineer to design and inspect a commercial project in accordance with current TDI standards for construction. • No technical changes or reduction in construction standards for wind load requirements are being proposed. Elimination of 25% Rule for Foundation Design and Certification • Existing ordinance does not require a State registered Engineer to design and certify new residential foundations or repairs where the area affected does not exceed 25% of the original foundation. • The International Residential Code recommends foundations on expansive soils be designed to the International Building Code commercial standards. • Requires all new residential foundations or repairs be designed and certified by a State registered Engineer. New Provision to Require Licensure for Work on Natural Gas Service Systems • Existing ordinance allows an Owner who has a homestead exemption for their residence to obtain permits and perform work on their residence. • Issuing permits to unlicensed, untrained persons to install, repair or alter a natural gas service system can lead to potential property damage as well as to surrounding properties. • Prohibits the issuance of a permit to install, repair or modify a natural gas service system in a residence unless such person is a State licensed Master Plumber. Proposed Time Lines / Key Dates • September 1, 2016 • Aligns with HB 1736 which establishes the 2015 International Energy Code as the State Energy Code effective September 1, 2016. The State Energy Conservation Office (SECO) may not adopt a new Energy Code more often than every 6 years. Questions ? MEMORANDUM INFORMAL STAFF REPORT To: Ron Olson, City Manager Thru: Margie C. Rose, Deputy City Manager Mark Van Vleck, P.E., Assistant City Manager of Public Works and Utilities From: Gene Delauro, Building Official, Development Services Date: April 8, 2016 Subject: Adoption of 2015 International Code Family, 2014 National Electric Code and Significant Revisions to Chapter 14, Article II, Technical Construction Codes Issue / Problem: In conjunction with the proposed adoption of the 2015 International Code Family and the 2014 National Electric Code, significant revisions to Chapter 14, Article II, Technical Construction Codes are being proposed. The proposed changes streamline administrative, inspection and technical requirements which support the health, safety and welfare of the public. Additional significant changes to the City's technical construction codes are required to support and promote orderly development within the City. Over 20 meetings and workshop were held throughout 2015 with City Advisory Boards and local stakeholders to include the Building Code Board of Appeal, Mechanical / Plumbing Advisory Board, Electrical Advisory Board, The Builders Association of Corpus Christi, The Associated General Contractors - South Texas and The American Society of Heating, Refrigeration and Air Conditioning Engineers - Corpus Christi. Background and Findings: 1. Elimination of City Electrical Licensing Program The State of Texas began an Electrical Licensing program administered through the Texas Department of Licensing and Regulation (TDLR) in 2003. Prior to 2003, the City licensed Electricians as a condition to obtaining permits for work in the City. The City has recognized both licensing programs since the inception of the TDLR program. There are fewer than (25) City licensed Electricians who do not possess a TDLR license. If the City program were eliminated, City licensed Electricians have ninety (90) days to apply to TDLR for a commensurate license with no examination requirement. City ordinance does not require insurance for City licensed Electricians, however TDLR does require insurance as a condition of licensure. In an effort to reduce administrative costs associated with managing two electrical licensing programs and ensure all Citizens can be assured all Electricians maintain minimal insurance, we propose to eliminate the City Electrical Licensing Program. 2. Elimination of Re -Out Electrical Inspection Requirement City ordinance requires an Owner / Tenant to obtain an electrical permit and inspection as a condition to release electrical service if service has been disconnected for more than 90 days in a commercial building or 180 days in a residential building. The requirement is an impediment for Citizens and businesses moving into existing buildings and we do not believe there is any inherent safety issue present simply because service was de -energized for 90 or 180 days. Only 2 Cities in AEP's Texas service area (378 Cities served) require this type of inspection as a condition to release electrical service. Elimination of the requirement will allow Owners /Tenants to obtain electrical service in a timely efficient manner. City Electrical Inspection staff can be better utilized to meet daily inspection requests for new electrical installations. 3. Elimination of 50% Substantial Damage / Substantial Improvement Requirement (Excluding FEMA Requirement) City ordinance requires a building Owner / Tenant to bring their entire building up to current Building, Mechanical, Electrical, Plumbing and Fire Code standards if the building incurs greater than 50% damage or if substantial improvements are proposed in excess of 50% of the buildings value as indicated by the Nueces County Appraisal District (NCAD). This requirement, used primarily by federal agencies, is not required by the International Code unless damage or improvements are made to a building located in a flood zone. Unintended consequences occur when a building owner proposes to add an addition to an existing building and the value of the addition exceeds 50% of the value of the existing structure. The unanticipated costs to bring the original building up to current code is an undue financial burden and could cause abandonment of the project. 4. New Provision to Register Building Contractors City ordinance requires registration of Electrical, Mechanical, Plumbing and Irrigation Contractors as a condition to issue permits for construction in the City. The registration database is used to communicate information to registered Contractors in a timely and efficient manner. We are proposing to register all Contractors to include, but not limited to Building, Roofing and Pool Contractor in order to obtain basic information enabling us to build a database of all Contractors working in the City. The database would enable us to efficiently communicate new City and Department policies, information and code determinations in a quick and efficient manner via email. The database could also be used to identify and prequalify Contractors after damaging storm conditions to begin needed repairs. No fee is being proposed for the registration policy. 5. New Alternate Wind Load Provisions for Commercial Construction City ordinance requires all new Residential and Commercial Projects be designed and inspected for wind load by a State registered Engineer approved by the Texas Department of Insurance (TDI) as a Windstorm Inspector, as a condition to insuring the project through the Texas Windstorm Insurance Association (TWIA) Insurance pool. Not all new Commercial projects require or desire insurance through TWIA. There is no mechanism to allow Owners or Developers who wish to self -insure a project. The alternate provision would allow an Owner or Developer to utilize a State registered Engineer to design and inspect the project in accordance with then current TDI wind load standards for construction without registering the project with TDI. No technical changes or reduction in construction standards for wind load requirements are being proposed. The provision would be limited to new commercial projects. All new residential projects would still be required to register and follow TDI requirements as a condition for insurance. 6. Elimination of 25% Rule for Foundation Design and Certification City ordinance does not require a State registered Engineer to design and certify new or repairs to residential foundations where the area affected does not exceed 25% of the original foundation. Given the high plasticity index of soils in many locations of the City, soils are highly subject to shrinkage / swelling based on moisture content. The International Residential Code recommends foundations on expansive soils be designed to the International Building Code commercial standards. Given this recommendation, we propose to require all new residential foundations be designed and certified by a State registered Engineer. 7. New Provision to Require Licensure for Work on Natural Gas Service Systems City ordinance allows an Owner to obtain permits and perform work on their homesteaded residence. Recent events in the City demonstrate the potential effect of a natural gas leak and catastrophic results to persons and property. Issuing permits to unlicensed, untrained persons to install, repair or alter a natural gas service system has the potential to damage not only their property, it could cause damage to surrounding properties as well. The new provision prohibits the issuance of a permit to install, repair or modify a natural gas service system in a residence unless such person is licensed as a State licensed Master Plumber. Next Steps: A staff briefing will be provided to the City Council on April 19th, 2016 summarizing the proposed changes. An Ordinance will be prepared to adopt the 2015 International Code Family, 2014 National Electric Code and revised Chapter 14, Article II, Technical Construction Codes for City Council consideration on May 10th and 17th, 2016. AGENDA MEMORANDUM City Council Meeting of April 19, 2016 DATE: TO: THRU: April 7, 2016 Ronald L. Olson, City Manager Mark Van Vleck, P. E., Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM: Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 New Harbor Bridge Design -Build Briefing STAFF PRESENTER(S): Name Title/Position 1. Valerie H. Gray, P.E. Executive Director 2. 3. OUTSIDE PRESENTER(S): Name Title/Position 1. Linda Figg President/CEO 2. Darrell Chambers, P.E. Traffic Control Engineer 3. Valente Olivarez , P.E. Deputy District Engineer BACKGROUND: Department Public Works Organization Figg Bridge Flatiron/Dragados, LLC TxDOT-C.C. District Flatiron-Dragados, LLC has been selected as the Design -Build team for the new US 181 Harbor Bridge Project. The project is currently in the design phase. The presentation will focus exclusively on design -build elements, including lighting, signage, and shared use paths. It will not address issues of relocation efforts. LIST OF SUPPORTING DOCUMENTS: PowerPoint Presentation Harbor Bridge Replacement Project Corpus Christi, Texas Enhancements to Mobility for City of Corpus Christi April 19, 2016 Texas ADepartment of Transportation 041*.,‘ FLATIRON I ORAGADOS FIGG CREATING 6 RI DG ES AS ART'' Flatiron/Dragados USA, JV Equity Owner: Flatiron Constructors, Inc. Dragados USA, Inc. Team includes: . cable -stayed bridge experts; . proven local Texas designers and contractors; . leaders in delivering design -build proje North America. CABLE STAYED BRIDGES 31 Throughout The World 9inthe United States 3 Delivered Together Longest Cable Stay Span in North America 1,655' Main Span Rendering View from Whataburger Field Rendering View from Whataburger Field at Night Corpus Christi: A Beacon of Coastal Beauty Iconic Nighttime Aesthetics Interchange Enhancements Enhanced Connectivity Enhanced Port Access North Beach Area Enhanced SEA District Access Same Neighborhood Access Bicycle/Pedestrian Connectivity Visual Quality Market St NORTH BEACH Signature Iconic Bridge as Stale Aquareti.i r 64)31,7 America SEA DISTRICT USS Lexingl yr Segmental Bridge Approach DOWNTOWN US 181/IH 37 Interchange i upan St 8f} • Enhanced Mobility for All Traffic by Eliminating 6 Signals Red Alternative Interchange Enhanced Interchange Creating Multiple Free Flowing Gateways Enhanced Connection near Walnut Street Enhanced Our Lady Star of the Sea Church Parking Enhanced Connection between NB & SB Frontage Roads, Enhanced Shared Use Path between Burleson Street & Beach Avenue North Beach Area - Shared Use Path Enhancement 'VARIES 32' 11 2' c 1 SHLDR o, of 5.5' SDWK OY. 1 2' LANE 1 PGL SHLDR Northbound Frontage Road 10' Shared Use Path for 2 -Directional Bicycles and Pedestrians Red Alternative Shared Lane for Bicyclists Enhancement Shared Use Path for Bicyclists and Pedestrians Enhanced SEA District Access: To IH 37 & SH 286 (SB) SEA DISTRICT Enhanced SEA District Access: To IH 37 & US 181 (NB) Neighborhood Access Remains Same as Red Alternative INIENSIAIE, litili Antelope St Leopard St w _1,1F Mestina St k_7 1 r -,=r. 1 1 l�• Lipan St Pedestrian/Bicycle Connectivity May 12, 2015 R/UDAT Downtown Area Development Plan Same Connectivity as Red Alternative Alignment This Project will Provide SUP On Approach and Cable Stay Bridge i r This Project will Provide Bicycle Lanes ` " Leopard St Visual Quality Corpus Christi: A Beacon of Coastal Beauty Northbound Bridge Landscape Gateway RECYCLED, CRUSHED, STAINED CONCRETE RECYCLED, CRUSHED, CONCRETE SHAPED BAND. BLUE ECO -STAIN WITH NANOTECHNOLOGY THAT CLEANS THE AIR .ror Community Plaza Concept ENERGY GENERATING /i WIND SCULPTURE THEMATIC BIKE RACK SPELLS CORPUS CHRISTI C(SMT Sloth) SOLAR BRICK PAVER ACCENTS WITH LE© -A LIGHT Cornmeal. Plae- ,;� (7.J t (See Sketch) ir,14.. i, wmaEmu s . 1 %god Um Path Um Pett G4.. 3 f. Roll Head HMI North Beach Area Shared Use Path Gateway Entrance LANDSCAPING & CONNECTIVITY KEY 0 Shared Use Path Entrance to Bridge C Railhead • • Shared Use Path (Hike/Bike) • • City Mohiiity Pion Path ❑ Landscape Areas ❑ Existing Park " : -NORTH ��: BEACH qY b • PORT -*CS` Ship Channel • /SEA DISTRICT • m • Hillcrest Park • • a Cr • . •1 F ••• 7 • a `DOWNTOWN •• • Washington ▪ / (Th. 0Elementary is ;•• :•x P7 1 • SH 2.86 _// Lovenskiold Ov Park eal Williams Sr. Carder 1101 Ben Garia Park Upper Broadway Park Shared Use Path Belvedere on Bridge West facing views of the stunning towers & A Field Map to the Stars with constellations laser cut in metal, galvanized and powder coated finish Educational LED lighting to plaques frame the sculpture East facing views of the coastline, Whataburger Field, Downtown, North Beach, and the SEA District Eco -friendly bench of recycled composite Telescopes for bird watching and sky viewing Bike racks \ will be placed near belvedere NMI NIB IMO Design Charette with Community to Select Aesthetic Features Full Day in Corpus Christi Select a Day in Coming Months (Either July, August, September or October) F N L BRIDGE AESTHETIC FEATURES Design Charette to Select Aesthetic Features Bridge Aesthetic Lighting Color Patterns Pedestrian Railing Style Roadway Sign Structure Column Details/Way Finding Sculptures Concrete Texture/Pattern for Abutments and Noise Walls Lighting Patterns Railing Style Rhythm of the City r ,n1'�itif��11M `f Coastal vegetation r; Avigor t.ocal Hardwoods jar-�yt ._-.�„ ■r .:.� .1 .. 3. _ � • rs�-__��s i • 1 1 .� ,_• — 111 Rhytlim of the Sea Movement of the Shore Rhythm of the Shoreline Motion of Flight Under the Sea feWtk ii91A Constellations New Rendering View - Lake St and Josephine St Existing New Imagine the Natural Beauty of this Connectivity Community Involvemen Design Charette Sustainability Workshop Public Input Meetings Neighborhood Meetings Construction Sidewalk Talks Educational Program for Student Various Community Events Job Fair •7°1s • West facing views of the stunning towers & A Field Map to the Stars with constellations laser cut in metal, galvanized and powder coated finish LED lighting to - frame the sculpture East facing views of the coastline, Whataburger Field, Downtown, North Beach, and the SEA District Eco -friendly bench of recycled composite Flatiron/Dragados LLC 500 North Shoreline Boulevard Suite 500 Corpus Christi, Texas 78401 Corpus Christi: A Beacon of Coastal Beauty AGENDA MEMORANDUM City Council Meeting of April 19th 2016 DATE: April 13, 2016 TO: Ronald L. Olson, City Manager FROM: E. Jay Ellington, Interim Assistant City Manager Jayell@cctexas.com (361) 826 3898 Discovery - TNC Ordinance Reconsideration: Vehicle for Hire / Taxi Ordinance STAFF PRESENTER(S): Name 1. Ron Olson 2. E. Jay Ellington 3. William Breedlove 4. Joseph "Buck" Brice OUTSIDE PRESENTER(S): Name 1. 2. 3. Title/Position City Manager Interim Assistant City Manager Captain CCPD Assistant City Attorney Title/Position Department City Manager's Office City Manager's Office CCPD City Attorney's Office Organization BACKGROUND: On March 8, 2016, the City Council passed Ordinance No. 030788 which defined regulations for Transportation Network Companies to operate in Corpus Christi. Upon consultation with the City Manager, the City Secretary did not publish Ordinance No. 030788 and as a result it has not yet become effective. On March 29, 2016, City Council voted to reconsider Ordinance No. 030788 directing the City Manager to bring Ordinance No. 030788 back without the inclusion of biometric fingerprint background checks to Council along with the City's current vehicles for hire ordinance within 30 to 60 days. LIST OF SUPPORTING DOCUMENTS: Presentation — Vehicle for Hire/Taxi Ordinance TNC Ordinance Standards Chart Including May 7th Austin Ballot Language Vehicle for Hire/Taxi Standards Chart Corpus Christi Taxi Ordinance Summary City of Corpus Christi Vehicle for Hire / Taxi Ordinance Discover, Discuss & Decide Process April 19, 2016 Timeline March 29 Direction Given - City Manager to Return in 30 to 60 days with a TNC ordinance excluding Background Checks which Include Biometric Finger Printing April 12 19 26 May 10 17 24 Additional Requests - Follow 3D Review Process, Review Audit Profiles for Background Checks & Review Cities Justification for Excluding Finger Printing Discovery - Transportation Network Companies Council Question Period for Staff Discovery - Vehicle for Hire/Taxi Regulations Staff Respond to Questions from April 12th Council Question Period for Staff Discovery / Discuss Staff Respond to Questions from April 19th TNC Skype Session for Available Texas Cities Representatives Discuss / Direction 2nd Reading ? 2nd Reading ? Discovery Timeline April 12 Discovery - Transportation Network Companies Corpus Christi Ordinance Under Reconsideration Review Ordinances from 15 Other Texas Cities Review Background Check Requirements Pros & Cons to Regulations Review Background Check Audit Findings 19 Discovery - Vehicle for Hire/Taxi Regulations Respond to Council Questions 4.12.16 Review TNC Discovery Corpus Christi Existing Taxi Ordinance Matrix of 16 Texas Cities Taxi Ordinances Identify Regulation Provide Taxi Company Input Questions Response Questions Asked by City Council on April 12th, 2016 1. How has Bryan Texas changed their Vehicle for Hire / Taxi Ordinances in response to TNC regulation? 2. How has College Station Texas changed their Vehicle for Hire / Taxi Ordinances in response to TNC regulation? 3. What measures are taken by municipalities like College Station and Bryan to Audit TNC companies? 4. What can we learn about TNC Regulations & Vehicle for Hire Regulations from cities located outside of Texas? 5. How long is City Council required to refrain from amending an ordinance passed by referendum? Questions Response Questions Asked by City Council on April 12th, 2016 1. How has Bryan Texas changed their Vehicle for Hire / Taxi Ordinances in response to TNC regulation? INSPECTIONS Section 126 — 48: "The City will no longer inspect vehicles and instead will rely on the State motor vehicle registration process which includes an inspection" BACKGROUND CHECKS Section 126 — 77(b): "The company will be required to conduct driver background checks. That is, the City will not conduct background Checks." DRIVER PERMIT Sections 126 —106, 107, 108, 109, 110: "The sections addressing City Taxi Driver Permit were removed as the change has only the company obtaining a permit." RATE INCREASES Section 126 — 134: "The City Secretary's Office is not required to be notified of rate increases and a limit of the number of increases a year is not regulated. " AUDIT Section 126 — 136: "A taxicab service operator is required to maintain individual records of drivers for at least one (1) year after the driver's relationship with the permit holder has ended." * Information obtained from Bryan City Council Action Form Questions Response Questions Asked by City Council on April 12th, 2016 2. How has College Station Texas changed their Vehicle for Hire / Taxi Ordinances in response to TNC regulation? No confirmation of proposed changes, historically College Station and Bryan mirror one another Questions Response Questions Asked by City Council on April 12th, 2016 3. What measures are taken by municipalities like College Station and Bryan to Audit TNC companies? Records, Audit, and Driver Information for Bryan Texas and College Station Texas (a) Records and Books. Each taxicab service operator shall maintain: (1) Individual trip records of Riders for at least one (1) year from the date each trip was provided; and (2) Individual records of taxicab drivers at least until the one (1) year anniversary of the date on which a taxicab driver's relationship with the permit holder has ended. (b) Audit. The taxicab service operator shall permit the City to conduct an audit and examine a reasonable sample of books and records relating to its performance of its obligations under this ordinance at a mutually agreed upon third -party location. The City shall provide notice of the books and records requested for inspection in writing at least seven (7) days before the scheduled examination. (c) Emergency Situations. Any law enforcement officer investigating a criminal case may request taxicab driver information from the taxicab service operator in emergency situations where a person is in danger of bodily injury, serious bodily injury or death. The taxicab service operator must respond immediately. This information must include all information relevant to the investigation. The law enforcement agency will follow up with a warrant or subpoena when practical. (d) Other Criminal Cases. In other criminal cases not involving emergency situations law enforcement will provide the correct means to gather the information and the taxicab service operator must respond either verbally or in writing within twenty-four (24) hours. Sections. 126-137 - 126-153. Reserved. 7 Questions Response Questions Asked by City Council on April 12th, 2016 4. What can we learn about TNC Regulations & Vehicle for Hire Regulations from cities located outside of Texas? Municipal Vehicle for Hire Regulations from outside the State of Texas may not be a good measuring tool due to varying State laws. State laws can both bolster or hinder a municipalities authority and ability to regulate vehicle for hire. Questions Response Questions Asked by City Council on April 12th, 2016 5. How long is City Council required to refrain from amending an ordinance passed by referendum? Corpus Christi City Charter ARTICLE I. - HOME RULE GOVERNMENT Sec. 4. - Initiative and referendum. (j) Any ordinance adopted by initiative shall not be subject to repeal or substantial modification by action of the council for a period of four years from the date of the election, except by referendum election called by the council or by petition as herein provided. Any ordinance repealed by referendum shall not be reinstituted in whole or substantial part by action of the council for a period of four years from the date of the election, except by referendum election called by the council or by petition as herein provided. (Ord. No. 028733, §7, 8-24-2010, approved by Ref. 11-2-2010 Taxi Discovery Spreadsheet Overview Findings of Vehicle for Hire / Taxi Company Regulations from 16 Texas Cities (Including Corpus Christi) Vehicle for Hire / Taxi Company: • 15 of 16 Require Vehicle for Hire / Taxi Companies Obtain a Permit • 15 of 16 Require Permitting Fees • 5 of 16 Require Vehicle for Hire / Taxi Company maintain a local Office • 10 of 16 Require Street Usage Fees Vehicle for Hire / Taxi Driver: • 7 of 16 Require Drivers be Finger Printed • 7 of 16 Require Driver Training • 16 of 16 Require Drivers be Permitted Vehicle for Hire / Taxi Vehicle: • 12 of 16 Require a Licensing Fee • 14 of 16 Require Vehicle Inspections Above State Minimum • 10 of 16 Require Vehicles have a Fire Extinguisher • 6 of 16 Require Vehicles be Under a Maximum Age Taxi Company Focus Group General Recommendations 1. Street User Fee Reduction — "Citied College Stations Taxi Fee: $50 Dollars Annually" 2. Would like Repeal of the Local Office Requirement 3. Would like the Ability to Charge Flat Rates i.e. Downtown to Southside 4. Would like the Ability for Drivers to Use a Phone to Accept and Dispatch Rides 5. Would like to Remove Outdated Ordinance Language i.e Geographic Test, 2 Way Radio 6. Desire to Keep Fingerprinting and Permitting, but Would like 15 Days for Drivers to Pay for Their City Permit. 7. Would like to Remove the Overhead Light Requirements Taxi Company AIRPORT Focus Group TBA 11 Questions Questions for Staff Regarding Vehicles for Hire / Taxi Companies TNC Ordinance Standards Cry OW BOminance Adoption TNC DRIVER VEHICLE AIRPORT NC requires permit to operate T NC pemit fee Requires place of business witM1in the Ory, Trade Signage or emblem Right to pest business recor THC permit T required T THC permit fee mit on operaOng Ll hours of driver pysical/ Medical Background check for drivers required Vehicle Inspection mit °O �e of vehicle Compliance with irport Regulations Airport Permit Airport Fees Corpus Reconsideration ecoisr Annual 29$ gross receipts m yes, readable ata distance d at least 50 feet yes Vehde for hire dnner's permit rewired, d2years 50 DnVer WWI On 12 hours in 29 hour Wm span yes Council Discretion Annual OW Tau °r l0 years(-/ years with war e#ewm) required To Be Established apb�sM1�y Abilene 02/2016 Annual 500 requires reResendfise looted in ON Na ye No,TNC respons Be for ervunng drivers are qualified ,V Na m TNC responsible f«mndumrg Na0onvnde background areas No, """e mmpllarcewM Sa" law no n/a Na "a Amarillo No TNC Regulation No TNC Regulations No TNC Regulations No TNC Regulations No TNC Regulations Velyde for 're perm[ "'"red No TNC Reguabohs No TNC Regulations No TNC Regulations Bngerpnnt background check mnduded WW1' No TNC Regulations No TNC Regulatiahs No TNC Regulatias No TNC Regulations gas TNC Regulations 1,111.11 12/2015 BALLOT MAY 7th Annual Not established No, requires looted in represenathy ON a ONVrOnetl emblzVem nro Chauffeur's penny[ re4x as Not Omer limina. 12 hours in 29 MurOme span w Bngerpnnt background clads 9996 ...Wan, by FebruaWZ2017 Sdeddea established by cepartment, m recd.'. m $1.00 per Mp Arrshn Bal/otLmr9vage �� ��� 196 of!ross fteven:.zs No, 24H aistome' SEMS Phone Srgport& Webs,. no yes mss` qt $�CmrL no CNA, IENNG'N tz bras ND ho, Dne spsn no fespmsd by mrXOCIIIg Nedww/. backgand oho, Iw OD A{provebcompany no no Te,le4 no SI 0Ope blip 01 01/2015 Annual 100 registered Noumont, requires registeredTNC agent in the Salu of Taxa no yes rya n/a n/a no responsible f«mnaumng Nationwide background deed: No, ren"" mmplla"e"th S.R law m Na Na n/a Bryan assetlutReadrg, Mirrors College Station Arcual Ranges from ¢300 to $l,zoo hazed on&Ranwss No, requires registered agent. tle Sas." Turas no ye No, TNC respo, Be for envunng drivers are qualified Na no no C responsible for mnduckrg Nationwide OcITVound dee, Nab To AUDIT) No, r�nlresate k°r no rya Na Na Cal 1e22o1s� / A mural Ranges from ¢3W to $1,200 based on&Qdnvers No, requires regirterea he Slate of agenti Te has no No, TNC respowdie for ervunn drivers g are qualifies n/a no no rvb TNC responsible f«mndum� aonwide bac round deck9 TOUT/AUDIT) (U ry o. r�uirestate tier no n/a nla Na Dallas 12/2019 A mural $282.00 Annually for Operating Authority Bern, $3.00 Per Year Per VeNde me[Mdtor monadam wsificetion No, ONy for Hatable wAetles ye a, ears Y 2Y $30.00 for n/a TNC responsible f«mndumrg N b background a omAide bac M bled; Annually, WI, W days d of Permit °O matin nd no, Ory of Dallas operating autienly pemvt qua qualifies for DFW Airport Ranges from $2.00 o y10.00 EI Paso * x x x x x x x x x x x x x x Fort Orth Bang Drafter, to Resemble Dal/as * x x x x x x x x x x x x x x 06/20°1°6 Annual 296 gross receipts yes ye, readable ata distance d at least 50 feet yes Vehicle for lyre dner's/cense rewired, Mid 2wars 11.06 O.rerhmad On 12 hours in 29 hour time slim, 3rarty MedicalHoust Screening and Drug Testing 30 days pnorto rewnswa PermitLubbock Bngerpnnt background check (apy0vmately0$l0, perf0nred by Twos DI, sender) AmuaI, ON 2algwtediospedor 10 years() years wi.3 year e#emton) required Yes, no permit fee $1.25 per d0parture from 0 ,$0.01 per departure from IAN FirstneaMng* x x x x x x x x x x x x x x Odea 4.16 3rtlCouncil Briefing * x x x x x x x x x x x x x x San 10/20150vehicles 2 year ranges from $600 to 025,000 per year based on S of vehicles No, requires registered agent in the SW, Of Taxaline VeNde for Bre license rewired, valid 2years no Dn1ers lusted to 12 hours sixth 8 hr. off no TNC responsible f«mnduding estiom.,ae background aea:(Finger print check suspender,pendng emon0 agreement) mnai, TUC perform 8years rewired no $1.00 per [rip O5/2015 Annual 900 requires registered No, requires in the Sate of Texas no ye Norcos, TNC respo2le for ensuring drivers are qualified 0/1 no no Nab0TNC ns -de responsible Mtleee, n" �f0 No, require mmWa'"with St' law 00 Na Na Na Waco * No Specific TNC Ordinance/TNC Ordinance Pending Council Approval Vehicle For Hire / Taxi Standards TAXI COMPANY DRIVER VEHICLE AIRPORT Min # of Vehicles Certificate of Operation Local Office City Access to Records Street Usage Fee Finger Printing Driver Training Medical Permit Licensing Fee Vehicle Inspection Fire Extinguishers Age of Vehicle Permit Required User Trip Fee Corpus Christi 10/12 3 $250 per 5 Years yes yes $100 per vehicle Quarterly yes yes yes $50 for 2 y rs $15 Gty yes 6 begin service max 10 years $50 per Month no Abilene 12/14 none $100 yearly no no none no no no $25 $25 State no None no no Amarillo 9/14 none $100 initial then $50 yearly no yes $75 per year per vehicle yes no yes $6 per year none city no None $6 per Year no Austin 11/14 25 Set by Council no yes Set by Council no yes no Yes Set by Council city yes None no $1 per Trip Beaumont 9/05 none $100 per year no yes $ 75 rh icer peBryan no no no $15 per year none city no None no no 11/95 none no no yes per $per vehKlr no no no Yes no fee none State yes None n/a n/a College Station 1/14 none $50 one time fee no yes none no no no Yes no fee $10 Gty yes None n/a n/a Dallas 4/15 none $282 per yr. no yes none no yes no $53 for 2 years $3 per year per vehicle Third Party no None DFW Operating Fee:$600/Yr Permit Drive App: $40/Yr Decal Fee: $20/Yr Love Field None $4 Access Fee Love Field $2.50 Pickup Only El Paso 1/06 none $139 one time no ye $150 per year per vehicle no yes yes 14 31 Gty Quarterly yes 9 years $250 Year or $20.83 Month no Fort Worth 8/14 50 1000 per year no yes $200 alt. fuel $300 regular Yes y� No, drug test Yes no fee $35 for 2 years Gty yes 5 years n/a n/a Houston 1/16 25 27.66 per vehicle yes yes none yes yes yes $11.06 $553.41 annual per vehicle city yes 6yrs/ 100k begin service max 10 years no Per Departure: HOU $1.25 / IAH $2.75 Lubbock 11/11 none $75 no yes $100 year yes no no Yes no fee $40 city no None $100 Month no Odessa 7/08 5 $22 per month per vehicle yes (within county) yes none yes no no $10 per year $10 Gty no 7 years n/a n/a San Antonio 3/16 3 $110 yes (within county) yes $440 per vehicle per year yes yes N°' drug test $30 $42 Third Party yes Max 12 years no $1 Departure / $2.50 Drop San Marcos 5/15 none $400 per year yes yes $20 per year per vehicle no no no Yes no fee none Gty yes None n/a n/a Waconone 8/ 14 $25 no yesv $100 eryear per vehicle no no no $25 $25 Gty yes None no no Corpus Christi Taxi Ordinance Summary Section Ordinance Purpose Chapter 57-31 Company Chapter 57-36 Company Chapter 57-39 Company Chapter 57-56 Company Chapter 57-80 Vehicles Certificate of Operations $250 every 5 years. Street Usage Fees $100 per vehicle every Qtr. (minimum of five vehicles) Records in connection to calls Liability Insurance, requiring a minimum of fifty thousand dollars ($50,000) for injury or death of one (1) person and one hundred thousand (1000,000) for injuries or death in any one occurrence; and not less than 25, 000 dollars ($25,000) for injury to or destruction of property in any one occurrence. Vehicle Inspections $15 annually, sticker placed on the front right side windshield and the left bottom back window. Cover operation costs. Fund Taxi Inspectors office. Assist in investigating complaints and violations. The protection and safety for the general public when providing service. Check additional items that the state inspection does not do cover, A/C is working, fire extinguisher present, seatbelts are operational, seats are not torn or heavily stained, free of excess rust, etc. Chapter 57-83 Vehicles Identification on taxicabs Logo allows the general public to ensure that they know they are getting into the right vehicle. Chapter 57-84 Vehicles Chapter 57-85 Vehicles Chapter 57-87 Vehicles Top light indicating occupancy of taxi Dispatch Communication Center (Prohibits driver from receiving requests from cell phone) Condition of taxicab and vehicles for hire vehicles. Allows public to see the vehicle has a fare. Ensure all phone requests for service are received via business line and communicated to driver from dispatch. Ensure the vehicle is in a safe and in acceptable condition. Chapter 57-88 Vehicles Age of Vehicle, A vehicle can not be more than six (6) years old at the time placed in its fleet, nor more than ten (10) years old while it is in service. Provide a standard level of vehicle. Chapter 57-96 Drivers Driver's Permits $50 every 2 years. Cover the administrative processing fees (creation of ID card) as well as the operating costs at the Taxi Office. Chapter 57-97 Drivers Chapter 57-99 Chapter 57-100 Drivers Chapter 57-105 Chapter 57-110 Driver Chapter (57-127)-(55-136) Fares Defensive Driving course every 2 years Geographic test Identification cards must be displayed in vehicle Appearance of Driver Delivery of Articles left in taxicabs to police Regulates Fares Public Safety Qualify drivers geographic knowledge Passenger Safety Ensure standard level of service for public Provides lost and found clearing house for public. Regulation Chapter 57-137 Driver Fare refusal Provides lost and found clearing house for public.